When a couple enters a divorce in New York, state law requires that all property and debts get divided in a way that’s fair to both parties. To determine what is fair (or equitable) when it comes to the legal distribution of property, the court takes several factors into consideration. With the help of attorneys, members of a couple can…
In the last few years, there is a 60% increase in divorces in January in the month of December. January 4th is usually listed as “divorce day” when in truth, February 16th seem to be the true “D-day” or divorce day in any given year. This year should be different because of the new maintenance and (alimony) laws that will…
Although many people use the words “divorce” and “separation” interchangeably, these terms actually refer to two very different legal options. Understanding the impact that separation and divorce will have on your marriage can empower you to make the right choice for your relationship and, if applicable, your children. Couples filing for separation When couples enter into a separation agreement, they…
In 1985 the New York Court of Appeals started a case called “O’Brien v. O’Brien” this case has a “progeny” of cases that further define it and solidify it. The case stands for the proposition that “an interest in an professional career is marital property which can be represented by direct or indirect contribution (even non-financial contributions) of a spouse.…
If you are a parent who is about to enter into a divorce, child support will most likely factor into your proceedings. Having a working knowledge of information pertaining to child support will help you set and achieve settlement goals with the assistance of your attorney. Understanding child support fundamentals Child support is paid by one parent to another parent…
Fifty – fifty custody. Why doesn’t it make dollars and cents? The trends towards joint shared parenting are spiking. Since 1994 we have seen over 25 years worth of increased fathers right’s and a push towards joint-shared parenting. In fact, Westchester, Yonkers, and some of Manhattan now pre-suppose that there will be joint shared parenting as a starting point. Nassau…
A great Nassau County Judge once stated; “There are three issues in every divorce: Money; Money; and Money.” -Nassau County Judge, November 2015 Many people will think that a divorce lawyer should be aggressive; others think compassionate; many think it’s a job that involves hand-holding or therapy. Nonsense. In the State of New York (specifically in Long Island) the high…
Unmarried parents who end a relationship may be faced with certain challenges that do not apply to married couples. If you are an unmarried father, it is important to know the rules surrounding child support and custody so that you can effectively protect your rights. When a child is born to unmarried parents, the state typically grants full custody to…
Minor children under the age of 18 years old are afforded certain rights to protect their best interests as they grow up. It is important that divorcing parents understand the legal rights of their children so that they can report any violations to their attorney or local authorities. The following are several key legal rights of kids: Right to proper…
In certain situations, parents may try to regain control of child custody situations by suddenly moving with their children across state lines. These parents are typically hoping that the new state will rule in their favor — although federal law makes it a crime to relocate children without the knowledge of all parents and guardians. When a parent illegally relocates…