Tag Archives: family law

Uncontested Divorce in New York: A Primer

When a marriage dissolves, there are a number of situations that may arise. Occasionally, both spouses will not both agree to the divorce or on some aspect of the divorce, such as property division. In those cases, the case would proceed as a contested divorce. Alternatively, sometimes both parties will agree on all terms of… Read More »

Can Stepparents Adopt Their Stepchildren?

When divorces happen, new relationships may begin between stepparents and children. Often stepparents seek to make this relationship official by formally adopting their stepchildren.  Under New York law, stepparents have the right to adopt their stepchildren, but only if the non-custodial parent either gives up his or her parental right, or a court orders the… Read More »

Separate Versus Marital Property: Understanding the Difference

Getting married means agreeing to share your life with another person. It also means agreeing to share property: a home, furniture, vehicles and bank accounts. This merging of assets is a natural byproduct of marriage. However, if a couple decides to part ways and divorce, it can be difficult to split these items.  Under New… Read More »

Will You Need to Sell Your Home in Your Divorce?

Although you don’t necessarily have to sell your home after you go through a divorce, it is certainly a common occurrence. Most people that do sell their homes after divorce do so for one of the following reasons:  They can no longer afford the mortgage payments on the home because of the terms of their… Read More »

When Parents Dodge Support Obligations: Imputing Income

When a child is born, his or her parents inherit the joy and responsibility that comes with having a child. Emotionally, it does not matter if the child is one or 40 — most parents will always harbor a deep connection with their child and feel a responsibility to that person. Legally, being a parent… Read More »

How Does Religion Factor into Custody Arrangements?

In some circumstances, courts may look at the way children are impacted by religion in determining which parent will get child custody in a divorce. It is one of five decisions made by married parents that must be made jointly, alongside decisions of residence, health care, recreation and education.  As courts analyze how religion impacts… Read More »

What is an Order of Protection?

An order of protection, often known colloquially as a restraining order, is a type of legal document that protects you and your property from another person. In the realm of family law, orders of protection are often issued toward ex-spouses who are or have been abusive or who refuse to stay out of the lives… Read More »

How Separation Differs from Divorce

Separation is an alternative to divorce, and has some significant differences that you should be familiar with when analyzing your options as your marriage begins to deteriorate.  The most significant difference is that a divorce is the undisputed end of your marriage. Legal separation keeps the marriage intact, and you have the option to return… Read More »

Protecting Parents from Unfounded Charges of Neglect from Child Protective Services

My firm has handled thousands of cases involving Child Protective Services (CPS) neglect allegations and we have recently won a published appeal that has clarified the law in connection with the CPS definition of neglect.  Teachers, doctors and others in certain professions have mandatory rules that force them to report anything that could be deemed… Read More »

Unique Elements of Military Divorces

In most ways, divorce for military couples is exactly the same as it is for the average person. However, due to some federal laws and other certain aspects of military life, there are a few unique differences in military divorce that you should be familiar with if you are seeking one.  The first difference is… Read More »