Category Archives: Divorce
Is Yours a High-Conflict Divorce?
When your spouse asked to separate, you agreed. Because you have children, you urged your spouse to work through divorce collaboratively or through mediation. Seven months down the road, you feel stymied. Your spouse appears to have no interest in recognizing the issues and, worse yet, is making serious, unfounded accusations against you. What’s going… Read More »
Second Time Around: What About a Prenuptial Agreement?
In a marriage without a prenuptial agreement, the assets and liabilities of divorcing couples are split equitably. If you’re considering a second marriage, you should consider a prenuptial agreement to protect your financial well-being. While the divorce rate is high for first-time couples, it’s even higher for those who marry a second or third time…. Read More »
When Assets Go to Waste
Which of these examples would be considered marital waste? Upon being asked for a divorce, a spouse goes on a spending spree, running up the balance on jointly held credit cards. Throughout the marriage, a spouse drinks to excess and gambles away the proceeds of an investment account held by the couple. A couple separates… Read More »
The Unique Concerns of Later Life Divorce
Divorce at any age is stressful, destabilizing and often economically difficult. But a divorce that comes after many years of marriage, at a time when most couples are thinking of retiring, is especially difficult emotionally and financially. In March of this year, a study from the National Center for Family Life and Marriage Research reported… Read More »
Unfriending: Who Gets the Virtual Goods?
The marital estate includes property, goods and debt accumulated by a couple during their marriage. In a New York divorce, those marital assets are divided equitably. But what happens to assets in the digital domain? As a resource for evidence of over-the-top spending and other unsavory behavior of opposing parties, Facebook and other social media… Read More »
Internet Fantasy Lives: What Texting & Sexting Means in the Electronic Age of No-Fault Divorce
No-Fault does not mean that there are no longer adultery grounds in New York State. The adultery ground is alive and well but it is rarely used. Sexting, internet contact and dating sites, are all used most prevalently in custody battles. The custody battle: The Court will determine whether or not your children are exposed… Read More »
Texting, Sexting & Divorce
In the electronic age, it is not just elected officials like Mr. Anthony Weiner who must be careful. Individuals going through divorce must be too. In the last three years there have been three major cases handled by Bryan L. Salamone & Associates, PC involving texting, sexting and the “cloud technologies”. As a general rule,… Read More »
The Most Recent Development to Aid Settlement: Rotating Spheres of Influence
Rotating spheres of influence are usually done when there is joint decision making but the parents can’t decide equally on all decisions, because one parent has specific specialty or knowledge or interest in an area of decisions. For example, since the commencement of a divorce, one party has a specific religious zeal or passion that… Read More »
Courts Bending Over Backwards To Help Parties Settle Custody And To Avoid Making Real Decisions
Judges have stated, privately, that when it comes to custody disputes it is often difficult for them to really make decisions since they do not “live with the parties.” Their decisions are based on the testimony of the parties; character witnesses; witnesses that have been present during certain occurrences; together with opinions of experts, the… Read More »
Attorney Fees in Matrimonial Cases
It is illegal to prosecute a divorce based upon a contingency fee. Indeed, many times clients have told us, “Isn’t my husband responsible for our fees?” In some cases we hear, “Isn’t my wife responsible for my attorney fees?” Domestic Relations Law has been updated as of October 2010 and April 2011 and codified to… Read More »