When a spouse earns a professional degree or license during a marriage, that spouse’s increased earning potential is marital property subject to equitable distribution in New York. Experience has shown, however, that the principle is far easier to articulate than to execute. Consequently, recent reform efforts are aimed at eliminating that section of the law. Reform proponents point to the…
To foster stability for children, courts favor custody plans that are designed to be fairly permanent. But the law also recognizes that things change. Circumstances beyond the control of the parents can render a plan unworkable. In the worst cases, a vindictive parent actively undermines the child custody plan, forcing the other parent to seek relief from the court. After…
It’s normal to feel isolated when you are facing the end of your marriage. The truth, however, is that you are far from alone. Tens of thousands of people go through divorce every year in New York State. With the help of an experienced domestic relations attorney, you can see the process through to a fair resolution and move on…
The men and women who defend our country face special challenges during divorce and child custody litigation. Fortunately, state and federal laws prevent a parent from using the military status of the other parent to gain an unfair advantage in custody and support disputes. The fact that a military parent may be deployed or transferred cannot be held against that…
There is a presumption under New York law that continued contact with both parents is in the best interests of the child after a divorce. So, even when one parent receives full custody of the child, the other parent is almost always entitled to visitation. Nonpayment of child support is not grounds for denial of visitation rights. Even when a…
While some states adjust child support obligations to reflect the percentage of time that the paying parent has custody of the child, this is not the case in New York. New York’s child support guidelines do, however, indirectly take custody issues into account. For example: The parent who has less than 50 percent custody of a child is usually liable…
In a New York divorce, some property isn’t part of the marital estate and thus is not subject to division between the spouses. Understanding what is and isn’t marital property can improve the outcome of your divorce settlement negotiations. New York’s domestic relations law distinguishes between marital property and separate property. Separate property belongs to one spouse individually rather than…
If you are reading this, I understand you are already looking for divorce information on the internet. Here is something you should know: the cases and the new developments in the law that are listed on the internet are the one in ten thousand rare exception and may not apply to your particular case. For example, most recently, a Judge…
When parents divorce, asking children to choose which parent they want to live with can be traumatic for all involved. In some cases, however, children are sufficiently mature to express a reasoned preference. In such cases, the child’s preference can be an important factor in shaping the custody arrangement. New York courts determine child custody based on a number of…
As our society has become increasingly mobile, multistate child custody disputes have become more common. Fortunately, the states have adopted a uniform method for determining which state has jurisdiction over a child custody dispute. They also have agreed to honor custody determinations made by the courts of other states. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) has been…