When a couple going through a divorce has children, a family law court may need to get involved in decisions regarding child custody and child visitation rights. In a divorce, these two issues are typically determined at the same time. In some divorce proceedings, it is determined that it is in the child’s best interest for one parent to have…
When a couple refers to an uncontested divorce, they are discussing a divorce that does not go to trial. In an uncontested divorce, there is no cause for a trial because issues are discussed and decided upon with the help of attorneys outside of the courtroom. This process includes the following steps: Filing for divorce. Your divorce case begins in…
The state of New York allows residents to divorce their spouse through either a no-fault or fault-based divorce. If you are aiming to get a divorce in New York, it can be helpful to understand how no-fault divorce laws affect your situation and what possible grounds for divorce you may use. No-fault divorce In 2010, New York began allowing couples…
If you are about to enter into a marriage with your significant other, you may be wondering if a prenuptial agreement is needed to protect your assets. Although no one likes to think about the possibility of a marriage dissolving, reasons couples choose to enter into a prenuptial agreement may include the following: To clarify terms of divorce in case…
When unmarried parents end their relationship, they must go through many of the same motions to establish custody as legally married parents. Nevertheless, there can be certain complexities that apply when establishing custodial rights of unmarried parents. Importance of establishing paternity Unlike their married counterparts, when an unmarried couple has a child paternity is not assumed, but must be established.…
Child custody and visitation orders are legally binding arrangements that all parties must adhere to now and in the years to come. However, in some circumstances, a parent or relative may break the agreement by illegally visiting or keeping a child for an unpermitted amount of time. If this situation occurs, it is helpful to know how to handle it.…
When you are about to get divorced, you’ll want to ensure that you have an attorney who is looking out for your best interests. Divorce can be a complicated and stressful time for any family, but the following five tips will help you find the right legal professional for your case: Look for experience. If you are about to get…
When going through a divorce, parents often hold the best interests of their children in the highest regard. However, it is possible that one spouse may begin to make negative, damaging comments about the other spouse to children. When used to influence the thoughts of children, these comments could go beyond being improper remarks and turn into parental alienation. Defining…
When married couples decide to part ways, there are options outside of divorce that provide a legally recognized “break” in a marriage. Legal separation offers a way for couples to live separately while remaining legally married. For couples that experience difficulties in their marriage, but don’t believe divorce is right for them, there are several reasons to consider legal separation.…
Resolving child custody and visitation issues is often a complicated process fraught with emotion, and perhaps never more so when a baby is involved. While the “best interests of the child” is the standard typically applied by judges in awarding custody, it may be less clear with infants who can and should be caring for them. The ability to attach…