Divorce is nearly always a complicated process, but it’s especially so when there are children in the picture. Below are some tips to consider if you are going through a divorce and worried about how you will continue to manage parenthood. Know that co-parenting successfully is possible, and that if you’re willing to commit to it, you can still give…
For centuries, adultery and divorce have been inextricably linked. In fact, until 1966, adultery was the only permissible divorce ground under New York law. Even today, though most litigants opt for no-fault divorce, New York still allows marriage dissolution because one spouse has been unfaithful. However, when it comes to property division, the law does not “punish” a husband or…
In New York, spouses may seek a no-fault or fault divorce. In no-fault divorce, the filing spouse only needs to demonstrate an irretrievable breakdown of the marriage for at least six months. The stakes are a bit higher in a divorce filed with fault-based grounds, as the filling souse must prove the presence of physical or mental abuse, abandonment (at…
Relinquishment of parental rights can occur forcibly or voluntarily. It most commonly occurs during an adoption process, in which birth parents relinquish their parental rights to give an adoptive family full legal custody over the child. While that does not necessarily mean the birth parents can never again have contact with the child, there are some cases in which that…
It can be devastating to discover a partner is engaged in infidelity, and difficult to determine how to proceed after that discovery. Many people will choose to divorce a spouse who has been cheating on them. If this is the route you decide to take, it is important you proceed with care so you can get your case started as…
In some situations, certain extended family members of either spouse (such as grandparents, aunts, uncles and cousins) may wonder what rights they have to visit or even take custody of a child. While there are some limited visitation rights available for some extended family members (and only if the parents approve of the visitation), custody rights are an entirely different…
Sometimes, a severe lack of trust between two people can make the discovery process in a divorce much more difficult than it otherwise needs to be. The use of a private investigator can help discover missing assets or identify risky or dangerous behavior that could impact the decisions made in your divorce. Before you decide to hire a private investigator,…
Parental alienation is a severe side effect of divorce, one that often occurs as a result of one parent attempting to brainwash their children into having negative feelings toward the other. Some level of parental alienation occurs in up to 15 percent of divorces. However, it is crucial for children to be able to emerge from the divorce process with…
Clients come to our office with the hope of ending their divorces quickly so that they can go on with their lives. Many times they believe that filing for an uncontested divorce will accomplish this. However, we would like to clear up some common myths with facts. Five common misconceptions about uncontested divorces 1. MYTH: A contested divorce is a…
We are not only divorce lawyers, we are educators on all aspects of a divorce. We have seen many clients come to our office with a misunderstanding of what type of divorce that they think they are going to go through. With this is mind, we have developed this divorce test questionnaire to help our clients determine whether they are…