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Matrimonial and Family Law Blog

Tuesday, June 20, 2017

Should My Spouse and I Consider a Postnuptial Agreement?


Postnuptial agreements (postnups) are gaining popularity in the country. These agreements are similar to prenuptial agreements, except that they are signed after getting married rather than before.

In a postnup agreement, two spouses disclose all their property and then agree on each other’s responsibilities in the course of the marriage and after divorce or the death of one spouse.

Are you and your spouse considering a postnup? Talk to a Read more . . .


Sunday, May 28, 2017

When Can I Modify My NY Divorce Judgment?


Divorce is usually final. However, the circumstances of divorced spouses can often change. The financial, physical or marital positions of two former spouses at the time of divorce will not be the same four years later or nine years later. New York law recognizes this fact, which is why it gives courts the discretion to modify divorce judgments. However, courts apply this discretion strictly in order to discourage frivolous applications that show no reasonable cause and are only an attempt at escaping court obligations.
Read more . . .


Friday, May 12, 2017

Qualified Domestic Relations Orders - What They Mean for You


When you and your spouse divorce, the assets either of you reserves for your retirement years can be divided proportionally after divorce. A Qualified Domestic Relations Order (QDRO) exists for this exact purpose.

If you are going through a divorce and want your spouse’s retirement account included as part of marital property, call a New York divorce lawyer to file for a QDRO to help you do just that.

What Is a QDRO?

A QDRO is a court order authorizing the distribution of a pension or retirement benefit to an alternate payee such as a former spouse. It authorizes the distribution of property in the form of your former spouse’s retirement pension, together with any tax-deferred retirement fund such as 401k, 403b, KEOGH and TSP plans.
Read more . . .


Sunday, April 30, 2017

How Do New York Judges Determine Equitable Distribution During Your Divorce?


Divorce is a painful and emotional journey for everyone involved. Issues such as child custody and property division only make the process even more difficult. With regard to property division, you want to safeguard the property you acquired before marriage and get your share of property acquired during the marriage, commensurate to all the work and effort you put into the marriage. Having an experienced New York Read more . . .


Saturday, April 15, 2017

I’m Afraid of My Spouse - How Can I Obtain a Protective Order?


When a marriage is not working out, tensions can run high. Sometimes spouses behave in a way that frightens you and your children making you feel that you and your children need protection from them. If that is the case, a Read more . . .


Wednesday, March 29, 2017

Legal Custody vs. Physical Custody Under NY Family Law


Divorce is a very emotionally draining affair for both spouses and their children. Issues such as property rights only complicate matters more. Perhaps the most polarizing issue in many divorce proceedings is the issue of Read more . . .


Sunday, March 26, 2017

Will I lose custody of my child after divorce?


If you are a resident of New York seeking a divorce, it’s only natural to wonder what it will mean for your child. Will you still get custody over them or will your spouse get custody?

Not all divorces are the same. However, the issues for determination are usually similar: Read more . . .


Friday, March 3, 2017

How is child support computed?


Parents have a responsibility for their children’s emotional and financial wellbeing, even if they do not know the child personally and/or do not live with them. New York state law stipulates children must be financially supported until they are 21 years old.


Read more . . .


Monday, February 27, 2017

Who is eligible for spousal support in a divorce?


Going through a divorce is often a messy ordeal. One tricky aspect of a divorce is the dispersal of financial support paid by an ex-spouse to the other, known in matrimonial law as spousal support.

There is an obligation for people who are legally married to support each other, which means either party in a marriage can receive spousal support. Working with an established family lawyer will help you make sense of any financial obligations.

What Is Spousal Support?

Spousal support is usually determined as part of the divorce agreements.


Read more . . .


Tuesday, January 31, 2017

What are the most common mistakes fathers make in New York child custody cases?


Child custody battles are stressful and heart wrenching. All you want is what is best for your children, but that is not always what is on your spouse’s mind.


Read more . . .


Monday, January 16, 2017

Attorney’s Fees and Your New York Divorce


Who pays the attorney’s fees in a divorce?

Cost may be one of your first concerns if you are considering filing for divorce.  A contested divorce can cost tens of thousands of dollars, depending on the complexities of the case and number of court appearances.  Hourly rates for attorneys will vary, but can be quite costly.  Generally, each spouse is responsible for their own legal fees and court costs in a divorce.  However, to help spouses offset these costs, New York and several other states allow for the higher-earning spouse to cover the costs of the spouse that earns less.


Read more . . .


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