Under common law, any child born during a marriage is presumed to be the child of the husband. Whenever there is a question of paternity, however, the mother, father or child can ask the court to get involved. In this case, the state or a private party would bring a lawsuit, with the person identified as the father of the…
When a couple with children gets divorced, each parent still has a responsibility to help care for and support their children. To ensure that each adheres to this requirement, New york requires the parents to reach a support agreement that formalizes the terms of the support arrangement. This contract specifically outlines each parent’s support obligations and accounts for how often…
When divorces occur, it’s somewhat common for one parent to relocate out of the state. However, it’s also important to consider how such a relocation could affect the children in the relationship. Moving out of state with children after a divorce has an impact on more than just the parent who wants to relocate. The children and the non-custodial parent…
When two parents divorce, there are a number of decisions they must make. These include dividing their assets, setting up spousal support and deciding with whom their children will live. In the best situations, parents will mutually agree to a child custody arrangement that is in the best interest of their children. However, occasionally one will believe the other is…
Marriages can break up for a number of reasons. One of the more common reasons is that one of the spouses committed adultery. Under New York law, divorcing couples have the right to seek either a no-fault or fault divorce. The difference is the former requires no legal grounds other than that the marriage is “irretrievably broken,” while the latter…
When a couple divorces, they are occasionally on uneven ground financially. This may be due to their unequal earning potential or because one has foregone their career aspirations to care for the couple’s children. Under some circumstances, one of the spouses may be required to support the other one financially. This support can be temporary in nature, long-term or even…
On the day after Christmas our office received 9 new cases. Almost double what we receive each day. The day after New Year’s, and the month thereafter we will receive far more than any other time of the year. Before the reader starts to develop a “divorce is bad” attitude remember these maximums:1- we have never divorced a happily married…
Though annulments have the effect of ending a marriage, they are different in various ways from divorce. Divorce dissolves a marriage, while an annulment declares it void. Marriage is a legal contract. Just like any other contract, there are certain requires that the contract must meet in order for it to be considered valid. If one of the spouses can…
When a marriage dissolves, there are a number of situations that may arise. Occasionally, both spouses will not both agree to the divorce or on some aspect of the divorce, such as property division. In those cases, the case would proceed as a contested divorce. Alternatively, sometimes both parties will agree on all terms of the divorce. Under those circumstances,…
When divorces happen, new relationships may begin between stepparents and children. Often stepparents seek to make this relationship official by formally adopting their stepchildren. Under New York law, stepparents have the right to adopt their stepchildren, but only if the non-custodial parent either gives up his or her parental right, or a court orders the termination of this right. This…