The divorce process legally ends a marriage and necessarily creates agreements about spousal support, division of assets and child custody if there are children. Many couples can make decisions themselves or with the aid of an attorney or mediator. However, if you are not lucky enough to be half of one of those couples, your case will continue toward trial…
A few years ago, a cluster of celebrity divorces gave rise to the idea that divorce could be contagious. It was thought that seeing high-profile couples calling it quits was having a ripple effect on people in general deciding to separate. Yet, there are still many people who stay in an unhappy marriage for decades before deciding they are done.…
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 on? While it takes two…
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 when one spouse learns the…
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 the divorce rate of couples…
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 can prove popular during a…
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 to any inappropriate behavior or…
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, we recommend that you do…
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 party may request that all…
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 recommendations of an attorney for…