If you have not been granted full custody of your children, the courts have likely given you a specific visitation arrangement that will enable you to see them. There are a variety of types of visitation, including weekend visitation, supervised visitation and more. If anyone attempts to interfere with your rights of visitation, there are steps you can take to…
Question: Is it helpful if your lawyer is a former judge? Answer: No If your lawyer was an ex-judge that would sound like he has an “in” in the Court system. This is far from the truth. We have experience in these matters as we have done numerous trials against attorneys who were ex-judges. What I have learned is that…
Property division is generally one of the most contentious issues in divorce, and it doesn’t only regulate how real estate or household possessions are divided. Other financial awards, including disability benefits, are also considered to be marital assets, meaning they are also subject to the property division process. Disability benefits are typically paid to a worker after illness or injuries…
In the state of New York (as in most other states), all marital property is subject to equitable distribution during divorce proceedings. Marital property is defined as any type of property acquired during the marriage, not including any property acquired by gift or inheritance during that time period. Common examples of marital property include real estate, bank accounts, pensions, businesses…
In some circumstances, parental rights can be terminated to provide full custody to one parent or guardian. This is a common issue in cases of adoption or in cases where one of the natural parents is clearly not in the picture. As such, there are several situations in which termination can occur, and it can be either voluntary or involuntary.…
Visitation to minor children is available in divorces for when one parent has sole custodial rights over the children. There are various state laws in place governing visitation, in terms of time, frequency and the types of visits allowed. Here are various elements of visitation plans that you will need to be familiar with if you are not the custodial…
New York passed the Marriage Equality Act in 2011, which allowed for the marriage of same-sex couples throughout the state. However, one couple soon found that there were some unusual circumstances surrounding child custody during New York same-sex divorces. Now one woman is left scrambling to figure out how to have access to her adopted child. When the couple initially…
In some situations, courts may grant custody to third parties like grandparents, close relatives or other close friends with whom he child is familiar. The last 20 years have seen a significant increase in the rights of non-parents who wish to seek visitation and custody rights of children that have divorced parents. Non-parental custodial rights can come into play in…
Divorce is becoming more and more common for people as they reach middle age. While divorce has obvious financial and logistical implications, there are plenty of emotional implications as well. Although it’s easy to slip into petty arguments and insults, in the long run it’s much better to take the high road and remain mature throughout the entire process. With…
How should you go about dividing pieces of art during a divorce? It’s an issue that’s not often talked about, but is fairly common in divorces of couples that own large estates. In fact, some experts say that it can take longer to divide up paintings or sculptures than houses, cars or money. There are two general steps people going…