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Matrimonial and Family Law Blog

Monday, April 15, 2019

When Can a Child Choose What Parent to Live With?


It can be difficult for a child when parents divorce. Instead of living with both parents full-time, the child must split time between two homes. In some cases, a child may prefer to remain with one parent instead of the other parent. However, when does a court consider a child’s preference for living arrangements? If your child has a preference regarding custody, consulting a
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Monday, March 18, 2019

Are New York Divorce Records Public?


Most couples do not want the details of their divorce made public for anyone to view, even if the divorce was amicable. However, information about divorces in New York is typically a matter of public record. One reason for making the details of a divorce action public record is because the decisions in some divorce actions may be the basis for arguments attorneys use in future cases, especially for cases that are appealed to a higher court. If you are concerned about the details of your case being available for anyone to read, you can talk to a
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Monday, March 11, 2019

5 Things You Didn't Know About Equitable Distribution During Divorce


Issues related to equitable distribution in New York can be very confusing.  Some individuals only realize their assumptions about property division during a divorce were incorrect after they listen to the judge issue an order dividing assets. If you are unsure about the property division laws in New York, it might be beneficial to meet with a New York equitable distributions lawyer if you are contemplating a separation or divorce.

Five Things You Need to Know About Equitable Division in New York


1. Equitable Does Not Mean Equal

One of the most common misunderstandings about equitable distribution is that the parties must divide marital property equally.
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Tuesday, February 26, 2019

What are the Legal Grounds for Divorce in New York?


Some states require a spouse to claim one or more grounds for divorce to end a marriage. Grounds are “reasons” for the divorce. Other states have adopted a no-fault divorce process whereby one spouse can end the marriage for any reason. New York has chosen to combine the reasons for a divorce. Our
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Saturday, February 23, 2019

What Happens to my Retirement Accounts When I Get Divorced?


New York is an equitable distribution state for divorces. Judges are not required to split all marital assets fifty-fifty between the spouses. The property is to be divided equitably or fairly, which may or may not be an even split. A


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Thursday, January 31, 2019

Five Things You Should Know About Prenups


Marital agreements may not sound romantic, but they offer a variety of benefits. A prenup , or prenuptial agreement, is an agreement you enter before marriage. Each spouse must disclose all money and property they own during the process of deciding the financial rights and responsibilities of each spouse during the marriage. The prenup also addresses various financial matters should one of the parties die or the marriage ends.

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Monday, January 28, 2019

Seven Tips to Help Your Children Through a Divorce


Going through the divorce process can be very difficult for children. Children may blame themselves for the breakup of their parents’ marriage and experience fear about the future and changes that come with a divorce. Many factors, including the child’s age, personality, and the circumstances of the separation, contribute to how a child may react to a divorce. Your


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Thursday, December 27, 2018

How Long Does it Take to Get a Divorce in New York?


Several factors can impact how long it takes to get a divorce in New York. Some of the issues that can complicate a divorce and lengthen the time to obtain a final divorce decree include custody, property division, and spousal support. In addition, the court’s schedule can play a significant role in determining how long it takes to get a divorce in New York.

The key to obtaining a quick divorce in New York is an agreement between the parties. Spouses who can work together to resolve all divorce issues outside of court can obtain their divorce quicker compared to couples that fight over one or more divorce issues.


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Friday, December 21, 2018

Preparing for a Divorce? Follow These 7 Steps


It is never easy ending a marriage, even when you and your spouse are ending the marriage on good terms. When you are preparing for a divorce, it is important that you take certain steps to protect your legal rights and your best interests. One of the first steps you should take is to find an Read more . . .


Monday, November 19, 2018

How do I Prove My Ex is Unfit to Have Custody of Our Children?

In most cases, New York family court judges presume that an ongoing, close relationship with both parents is in the best interest of the child. The courts tend to favor joint custody arrangements that encourage parents to be an active participant in the upbringing of their child. However, sole custody may be awarded in cases in which a parent is proven to be unfit or joint custody would be harmful to the child.

If you believe sole custody is in the best interest of your child, you have the burden of proof to demonstrate why your ex-spouse is unfit. You should consult with a New York child custody lawyer to determine if you have valid grounds to declare your ex-spouse is an unfit parent.

Reasons Why a Parent May Be an Unfit Parent

Attacking several of the factors that a judge considers when determining the best interest of the child may help prove a parent is unfit to have custody of the child. Some of the factors that you might use to prove your ex-spouse is an unfit parent include:


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Sunday, November 11, 2018

Do My Children Have To Testify Against Their Parents In A Custody Hearing?

Depending on the child’s age, a judge may take into consideration a child’s reasonable preference when determining custody in New York. However, in many child custody disputes, the court appoints a New York child custody lawyer or Guardian ad Litem (GAL) to represent the child’s best interest. The GAL or child custody lawyer for the child discusses the child’s wishes with the child, depending on the child’s age, and may interview witnesses or other parties. The child’s lawyer or GAL then advises the court what the lawyer discovers, including the child’s wishes, if applicable.

However, in some circumstances, the judge may want to hear directly from the child in a custody dispute case. When the judge wishes to hear from a child, an “In Camera” hearing may be scheduled to protect the child.


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