A common concern that comes up during child custody disputes is that one parent claims a child tends to “beg” not to go with the other parent during the appointed visitation times. Typically, the parent interprets this behavior to mean the child dislikes the other parent or that the other parent is incompetent or abusive. However, there are a many…
An issue that commonly arises in divorce cases is how the two spouses will split responsibility for debts accumulated during the marriage. Debt, like property, can be divided into separate debts and marital debts. The classification of a given debt will determine who is responsible for paying it. Separate debt: Any debt incurred by a spouse before he or she…
Divorcing couples often deal with the family home by having one spouse buy out the other’s interest in it. The custodial parent is usually the one to buy out the other so that the children can remain in the family home and have minimal disruption to their daily lives. A buyout can occur gradually or immediately depending on each spouse’s…
Like in most other states, New York law calls for the equitable division of marital property when a couple gets divorced. It’s important to note that “equitable” is not the same as “equal,” although it can be in some situations. The focus is on creating a property division arrangement that is fair, taking into account what each spouse contributed financially…
At some point, those who have been through a divorce may need to decide what they will do with the engagement ring they received from their spouse. Most people do not want to continue wearing it, as it is seen as a symbol of their previous relationship. Below are a few things you might do with your engagement ring after…
A “motion” in family law is a request to ask the court to do something, such as make a decision on a contested issue like child support. Motions can also be used in emergency situations, especially if you need the judge to settle an urgent matter before you are due back in court. In the state of New York, you…
There have been numerous studies on Millennials and their approach to marriage and relationships. According to the Pew Research Center, only about 26 percent of Millennials are married, and they tend to wait until their late 20s or 30s to do so. It seems that Millennials take a more practical approach to both marriage and divorce. Although many are delaying…
A deed is a legal document that transfers property from the current owner to a new owner. This arrangement is relevant to just about anyone, including two spouses. A husband could, for example, transfer property to his wife through a deed, making it the wife’s separate property. There are a variety of ways to accomplish this transfer, but the two…
A recent report in the Washington Post indicates that more than 20 states contemplated implementing shared custody laws in 2017. Collaborative co-parenting agreements have become popular among divorcing couples over the last two decades, ending what had once been the typical “every other weekend dad” arrangement. State lawmakers are more frequently considering writing these types of co-parenting arrangements into law…
In New York, spouses can receive either temporary or permanent alimony during and after a divorce, depending on the circumstances of the marriage. To determine if alimony is appropriate in a case, the judge carefully analyzes the needs of the spouse seeking the support and whether the potential payer is financially capable of providing that assistance. Other factors that go…