Tag Archives: family law

Theft from a Spouse While Married: What Does the Law Say?

One of the issues at stake in your divorce could be the theft of one spouse’s possessions by the other spouse during the course of the marriage. It is common for a spouse to consider the item to be his or her own property, and the other spouse to disagree, resulting in claims of theft… Read More »

Is It Required to Have a Separate Bedroom to Have Overnight Visitation With Your Child?

If you are a noncustodial parent who has regularly scheduled visitation with your child, you might be wondering what rules exist for overnight visitations. One common question people have is whether or not they are required to have a separate bedroom specifically for their child during these visitations, if overnight stays are to be allowed…. Read More »

Can a Parent Whose Job Requires Them to Travel Obtain Custody?

There are a variety of factors courts will look at when determining which spouse in a divorce will have primary physical custody of the couple’s children. Courts want to create an arrangement that’s in the best interests of the children—that means placing them in a home with parents who are capable of fulfilling all their… Read More »

The Benefits of Counseling Before Seeking a Divorce

Studies show that fewer than 10 percent of divorcing couples seek counseling or therapy before they move forward with the divorce. However, more than 90 percent of couples who attend therapy sessions when dealing with marital problems report the counseling to have been helpful. Here are just a few of the ways you can expect… Read More »

Common Law Marriage is Not Recognized in New York

One common question we receive at our law offices is whether or not the state of New York recognizes common law marriages. The short answer here is no, but let’s take a closer look at what a common law marriage is and what state law says about it. What is common law marriage? In the… Read More »

In What Circumstances Will a Court Grant Full Custody?

A parent who is granted full custody has the authority to make all major decisions regarding the child without consulting the other parent, an authority known as sole legal custody. That parent will also have sole physical custody, in that the child will live with them full time. It is rare for a parent to… Read More »

How Does Collaborative Divorce Differ from Regular Divorce?

Collaborative divorce is a type of alternative dispute resolution (ADR) that does not require the couple to appear before a judge. Instead, the spouses will work with professionals such as attorneys, therapists and financial experts to settle the various aspects of their divorce. Below is a quick overview of some of the ways the collaborative… Read More »

What Your Children Need to Know About Your Divorce

While you do not need to keep your kids updated on every little detail of your divorce, it is important that you communicate with them about what your divorce means, and about some specific topics that will be of interest and importance to them. The following are a few examples of the things your children… Read More »

How to Establish Paternity

If a married couple has a child together, the presumption will typically be that the husband is the father. However, when the couple is not married, it is necessary to establish the father’s paternity when the child is born to protect both parent’s parental rights, and the baby’s long-term support. Disputes involving child support and… Read More »

Can Infidelity Affect Your Alimony Arrangement?

In New York, spouses may seek a no-fault or fault divorce. In no-fault divorce, the filing spouse only needs to demonstrate an irretrievable breakdown of the marriage for at least six months. The stakes are a bit higher in a divorce filed with fault-based grounds, as the filling souse must prove the presence of physical… Read More »