In the past, many jurisdictions in the United States relied upon the tender years doctrine in child custody cases. This doctrine essentially created a presumption in favor of the mother in custody disputes involving children under a certain age. Most states, including New York, have departed from this doctrine as an officially recognized principle of law. Nevertheless, as a practical…
Divorce litigation can be lengthy and expensive. Court and attorney fees are high and waiting for a hearing can take months. Additionally, court-ordered divorce settlements often end up being all-or-nothing arrangements that skew in favor of one party or the other. For divorcing couples who are still able and willing to work together, litigation alternatives such as settlement, mediation, or…
In some particularly contentious divorces, it is all too common for one spouse to make false allegations of abuse in order to gain an upper hand. The presence of abuse by one spouse can have a huge impact on divorce litigation, especially insofar as determining custody of minor children, and can lead to criminal charges in some cases. While wise…
Many people see prenuptial agreements as a poor way to start a marriage because they seem to anticipate its failure. But with nearly 50,000 New York marriages ending in divorce in 2009, getting married without a prenuptial agreement—also called an antenuptial agreement or prenup—can be a risky proposition. A prenuptial agreement is essentially a contract a couple enters prior to…
Many people are familiar with prenuptial agreements, also known as prenups, because celebrities and the super rich routinely get them to protect their wealth when they marry. But another legal contract becoming popular is the postnuptial agreement or postnup. As the prefix post suggests, it is created after the marriage takes place. There are many reasons to create a postnup[CK1].…
In October 2010, no-fault divorce became an option for New York couples seeking divorce. As a result, a Judgment of Divorce can be granted if one party states under oath that the marriage is irretrievably broken down and that both parties reached agreement with respect to child support, spousal support, and other divorce issues. The new no-fault divorce law [CK1]…
In a case that has galvanized attention in Nassau County, Long Island mother Amy Margolis plans to defy a court order by refusing to allow visitation by her children to their father’s home, citing an allegedly violent encounter between her soon-to-be-ex-husband and his live-in fiancée. She is insisting that the children will not visit their father or stay in his…
In June 2011, New York Governor Andrew M. Cuomo signed a bill allowing same-sex marriage[CK1] in New York. With this new law, many gay couples are enthusiastic about having a right previously reserved for straight couples. But while they now have the advantages of marriage, such as joint property and spousal rights, they also face the challenges of marriage, including…
The primary benefit you can expect from mediation is that the cost of your divorce will be lower than if you choose the traditional litigation route. When divorcing couples choose mediation[CK1], they can freely discuss difficult, financial issues, such as child custody and spousal support, without fear that what they say will ever be used against them in court. You…
Rather than face their fears, many unhappily married people justify staying trapped in a dysfunctional situation. They let fears about money, the children, and changing the family dynamic paralyze them into inaction. But there can also be costs to staying put, such as the following: Marital bickering and fighting creates a tense atmosphere affecting the whole household A miserable marital…