Your divorce lawyer must have business knowledge and experience in addition to knowledge of the law. When entering into a relationship with a divorce lawyer, evaluate the lawyer’s success. Is he/she a sole practitioner; is it a small “shop”; is it a rented office or do they own a building? Hiring the wrong divorce lawyer to divide and/or protect your…
After working hard to build a successful business, do not let your pending divorce put your accomplishments at risk. Your spouse may be entitled to an interest in your company and a portion of its assets and profits. Following are ten tips for effectively protecting your business from the damaging effects of dissolution: 1. Rely on your prenuptial agreement —…
When you were married, you and your spouse likely shared in many childrearing decisions. Divorce complicates this parental arrangement. Parents are unlikely to discuss their children’s faltering grades or brilliant oboe performances over a leisurely family dinner or a Sunday drive to the hardware store. In fact, ex-spouses may prefer as little contact as possible. Courts know this and so…
Even in the best of circumstances, divorce is usually hard on children. But a manipulative parent can force children to choose sides through hostile aggressive parenting (HAP). HAP can lead to what is known as parental alienation syndrome (PAS) — a situation in which one parent turns a child against the other parent. Actions that constitute HAP Any vilifying words…
Fatherhood comes with many rewards and pleasures. It also involves a lifetime of financial and personal responsibilities. Once you are named the father — either through an order or voluntary acknowledgement — you can be held liable for child support until the child turns 21 years old. You may be determined to care for your own child, but what happens…
You and your spouse have argued incessantly over who should get custody of your children. You’ve tried negotiations and mediations and cannot reach an agreement. You have now asked a judge to decide. In New York, the court is instructed to decide on a custody and visitation arrangement that is in the child’s best interest. A child custody evaluation is…
You both deserve part of your marital home, but you cannot cut a house down the middle. Splitting the equity in your home requires strategic planning and creative thinking. Common solutions include: Selling your home and dividing the equity Buying out your spouse with cash or other assets Accepting other property in exchange for the home from your spouse Renting…
As you divide your household during a divorce, you must also determine how to share in your parenting duties and rights. Mediation can help you arrive at a satisfactory child custody arrangement. As with litigation, thorough preparation for your mediation session is essential to achieving your objectives. Here are four tips to help you prepare. 1. Know your goals Knowing…
In mediation, parties hire a single mediator to negotiate the terms of the dissolution of their marriage instead of going to court. A trained mediator works to resolve the same issues that must be settled in every divorce. Spousal support, property division, allocation of debt, and child support and visitation must all be addressed. The mediator represents both parties and…
Contrary to popular belief, only a few states recognize common law marriages. Many people still assume that by living together for a period and holding themselves out as man and wife, they attain the rights of being married. Often people think the magic number of years is seven. The reality is that New York does not recognize common law marriage.…