Mediation is often an ideal choice when working through a divorce, as it allows you to meet with your former partner and discuss key issues related to property division, child support, custody and alimony (if applicable). To that end, the choice of mediator could be the single most important decision you make during your divorce process. As you go through…
Steven A. Cohen, the billionaire investor and founder of SAC Capital Advisors LP, recently won a dismissal of a lawsuit in which his ex-wife alleged he defrauded her out of millions of dollars when they divorced in 1990. The chief judge in the case, Loretta Preska, said Patricia Cohen was unable to prove her husband hid $5.5 million he had…
A recent feature story in the New York Post outlines a practice that is gaining popularity among some divorced couples in New York and New Jersey — and is likely to spread to other areas in the country. It’s called “birdnesting,” an arrangement in which the children stay in one home and it’s the adults who move around. The idea…
People who are going through their first divorce never quite know exactly what to expect. We may know others who have gone through the process, but every divorce is different and there are many types of challenges that may arise. There are a number of myths and misconceptions surrounding the divorce process that may make individuals even more anxious than…
Under New York law, courts decide custody and visitation matters in “the best interests of the child.” Generally, there is a presumption that frequent, meaningful contact with both parents is in the child’s best interest, so even if one party to a divorce can’t share custody, that parent gets regular visitation or parenting time. Visitation usually has few restrictions, detailed…
If you signed a prenuptial agreement before you were married, you may be wondering what impact it could have on your divorce. And, if you recently perused the old document and gasped halfway through, then exclaimed, “They can’t hold me to that!” you’re probably hoping for a way out. Breaking a prenup – the process of having a court invalidate…
Divorce raises many questions about health insurance for you and your children. If your employer’s group insurance plan has covered your family, the court can require you to keep your children enrolled, even if you don’t have custody of them, by issuing a qualified medical child support order (QMCSO). The court might even require you to pay for your spouse’s…
Parental alienation is the term for one parent’s intentional or unconscious behavior that encourages the child to reject the other parent. Alienating behavior includes subtle physical or verbal clues as well as overt actions and candid statements that punish the child for maintaining a positive relationship or reward the child for rejecting the targeted parent. Alienating behavior is most problematic…
When a couple divorces, each spouse must make a full financial disclosure for the purposes of property division, alimony and child support. Often, a supporting spouse attempts to underreport income to reduce alimony and child support obligations. Here are a few ways a supporting spouse could go into a divorce with lower-than-actual reported income: Turn down a promotion or raise…
If you’ve been through a contested divorce, you’ve already fought to hold onto your separate property and a fair portion of your marital estate. So why let your estate plan give it all back to your ex? That’s what could happen if you don’t review your testamentary documents and financial products that list your beneficiaries. After divorce, you need to…