Recent Blog Posts

Mediation: A Lot to Gain, Not Much to Lose

Mediation is a popular process for getting through divorce on decent terms with your spouse. Using mediation can protect your children and your wallet from the effects of a contentious litigated divorce. What are the pros and cons of divorce mediation?  Mediation is a form of alternative dispute resolution (ADR) intended to create a low-conflict… Read More »

Professional Degrees as Property in a Divorce

When a spouse earns a professional degree or license during a marriage, that spouse’s increased earning potential is marital property subject to equitable distribution in New York. Experience has shown, however, that the principle is far easier to articulate than to execute. Consequently, recent reform efforts are aimed at eliminating that section of the law…. Read More »

What to Do When Your Custody Plan No Longer Works

To foster stability for children, courts favor custody plans that are designed to be fairly permanent. But the law also recognizes that things change. Circumstances beyond the control of the parents can render a plan unworkable. In the worst cases, a vindictive parent actively undermines the child custody plan, forcing the other parent to seek… Read More »

New York Divorce Statistics

It’s normal to feel isolated when you are facing the end of your marriage. The truth, however, is that you are far from alone. Tens of thousands of people go through divorce every year in New York State. With the help of an experienced domestic relations attorney, you can see the process through to a… Read More »

Custody and Support Issues for Military Parents

The men and women who defend our country face special challenges during divorce and child custody litigation. Fortunately, state and federal laws prevent a parent from using the military status of the other parent to gain an unfair advantage in custody and support disputes. The fact that a military parent may be deployed or transferred… Read More »

Can a Parent Be Denied Child Visitation?

There is a presumption under New York law that continued contact with both parents is in the best interests of the child after a divorce. So, even when one parent receives full custody of the child, the other parent is almost always entitled to visitation.  Nonpayment of child support is not grounds for denial of… Read More »

The Interplay Between Child Custody and Child Support

While some states adjust child support obligations to reflect the percentage of time that the paying parent has custody of the child, this is not the case in New York. New York’s child support guidelines do, however, indirectly take custody issues into account. For example:  The parent who has less than 50 percent custody of… Read More »

Some Property Is Safe from Division During Divorce

In a New York divorce, some property isn’t part of the marital estate and thus is not subject to division between the spouses. Understanding what is and isn’t marital property can improve the outcome of your divorce settlement negotiations.  New York’s domestic relations law distinguishes between marital property and separate property. Separate property belongs to… Read More »

DON’T LOOK FOR DIVORCE INFORMATION ON THE INTERNET

If you are reading this, I understand you are already looking for divorce information on the internet.  Here is something you should know:  the cases and the new developments in the law that are listed on the internet are the one in ten thousand rare exception and may not apply to your particular case. For… Read More »

Interstate Enforcement of Child Custody Determinations

As our society has become increasingly mobile, multistate child custody disputes have become more common. Fortunately, the states have adopted a uniform method for determining which state has jurisdiction over a child custody dispute. They also have agreed to honor custody determinations made by the courts of other states.  The Uniform Child Custody Jurisdiction and… Read More »