Tag Archives: family law attorney

Should You File for Bankruptcy or Divorce First?

If you are considering filing for both bankruptcy and divorce, it’s important to carefully consider the timing of these filings. As a general rule, bankruptcy will take precedence over a divorce. If you file for bankruptcy while going through a divorce, there’s a chance it could delay the distribution of your marital assets and debts… Read More »

How are Sales Commissions Treated in the Divorce Process?

When a person earns sales commissions during the divorce process, how will those commissions be treated? Are they or are they not marital property? The general rule is that if the sales commission occurs before the marriage is officially over, it can still be classified as marital property, even if the divorce process is ongoing…. 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 »

Factors Involved in Relinquishing Parental Rights and Adoption

Relinquishment of parental rights can occur forcibly or voluntarily. It most commonly occurs during an adoption process, in which birth parents relinquish their parental rights to give an adoptive family full legal custody over the child. While that does not necessarily mean the birth parents can never again have contact with the child, there are… Read More »

What You Should Know About Custody, Visitation Rights for Extended Family

In some situations, certain extended family members of either spouse (such as grandparents, aunts, uncles and cousins) may wonder what rights they have to visit or even take custody of a child. While there are some limited visitation rights available for some extended family members (and only if the parents approve of the visitation), custody… Read More »

What to Know About Hiring a Private Investigator for Your Divorce

Sometimes, a severe lack of trust between two people can make the discovery process in a divorce much more difficult than it otherwise needs to be. The use of a private investigator can help discover missing assets or identify risky or dangerous behavior that could impact the decisions made in your divorce. Before you decide… Read More »

What Happens to Student Loans After Divorce?

There are many people who get divorced while still paying back student loans. As you may know, the debts you and your spouse have are subject to division just like the property you own together. But does that include your student loans? Dealing with student loans in divorce The most important factor with student loans… Read More »

The Most Common Warning Signs Pointing to Divorce

Over the years, social scientists have done a significant amount of research into the factors that are most likely to end a marriage. While it’s impossible to say for sure whether a couple will end up divorced or not, there are certainly some traits of a relationship that could raise red flags. The following are… Read More »