Family Law

Separate Versus Marital Property: Understanding the Difference

Getting married means agreeing to share your life with another person. It also means agreeing to share property: a home, furniture, vehicles and bank accounts. This merging of assets is a natural byproduct of marriage. However, if a couple decides to part ways and divorce, it can be difficult to split these items.  Under New York law, divorcing couple’s property…

Will You Need to Sell Your Home in Your Divorce?

Although you don’t necessarily have to sell your home after you go through a divorce, it is certainly a common occurrence. Most people that do sell their homes after divorce do so for one of the following reasons:  They can no longer afford the mortgage payments on the home because of the terms of their divorce and the fact that…

How Does Religion Factor into Custody Arrangements?

In some circumstances, courts may look at the way children are impacted by religion in determining which parent will get child custody in a divorce. It is one of five decisions made by married parents that must be made jointly, alongside decisions of residence, health care, recreation and education. As courts analyze how religion impacts the children after divorce, they…

What is an Order of Protection?

An order of protection, often known colloquially as a restraining order, is a type of legal document that protects you and your property from another person. In the realm of family law, orders of protection are often issued toward ex-spouses who are or have been abusive or who refuse to stay out of the lives of their ex and children…

How Separation Differs from Divorce

Separation is an alternative to divorce, and has some significant differences that you should be familiar with when analyzing your options as your marriage begins to deteriorate.  The most significant difference is that a divorce is the undisputed end of your marriage. Legal separation keeps the marriage intact, and you have the option to return to normal married life should…

Protecting Parents from Unfounded Charges of Neglect from Child Protective Services

My firm has handled thousands of cases involving Child Protective Services (CPS) neglect allegations and we have recently won a published appeal that has clarified the law in connection with the CPS definition of neglect.  Teachers, doctors and others in certain professions have mandatory rules that force them to report anything that could be deemed to endanger the welfare of…

Unique Elements of Military Divorces

In most ways, divorce for military couples is exactly the same as it is for the average person. However, due to some federal laws and other certain aspects of military life, there are a few unique differences in military divorce that you should be familiar with if you are seeking one. The first difference is where you actually go to…

What to Do When Your Ex is Past Due on Child Support Payments

There may be situations in which your ex falls behind in child support payments, causing financial hardship for you as the custodial parent. Whether there is any malicious intent on the part of the support-paying parent is irrelevant — he or she has a legal obligation to fulfill the terms of the support arrangement.  If your former spouse falls behind…