Matrimonial and Family Law Blog

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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Friday, October 26, 2018

When does child support obligations end in New York?

Child support laws in New York are very clear about the financial obligations of parents to their children. Both parents are expected to provide financial support for the upkeep and well-being of their children. The financial support of a child does not end if the parents separate or divorce. Furthermore, the financial support of a child is not dependent on the parents ever being married to each other.

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Monday, October 8, 2018

What Happens To A Business In a New York Divorce?

A business is considered an asset in a New York divorce proceeding. Unless you can prove that the business is not a marital asset, your business is subject to the equitable property division laws in New York. Equitable division refers to a division of property that is “fair” which may or may not be equal. Therefore, your spouse could receive a smaller or larger percentage of ownership in the business depending on the other factors in your case.

Because a business can complicate a property division case, it is important to retain the services of skilled New York divorce lawyers. Our New York equitable distribution lawyers have experience representing clients who own and operate businesses that were obtained during a marriage, inherited, or acquired before the marriage. We carefully weigh all options with our clients to determine the best course of action to take that provides the best protection of our clients’ best interests when dividing a business during a divorce proceeding.

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Tuesday, September 18, 2018

What Constitutes Emotional Abuse In A New York Child Custody Case?

Emotional child abuse can harm the development of a child. A pattern of emotional abuse can interfere with the child’s social, cognitive, and psychological development. Emotional abuse is not limited to verbal insults. This type of abuse includes isolating, terrorizing, ignoring, rejecting, neglecting, and exploiting in addition to verbally assaulting a child. The results of emotional abuse can be devastating.

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Friday, September 7, 2018

Seven Questions You Should Ask Before Getting Divorced

Couples ask each other many questions while they are dating. Talking and getting to know each other is one of the important factors in a strong, stable relationship. When couples get engaged, they continue to ask questions about their preferences and goals for the future. However, many couples do not invest the same amount of time or attention in asking questions before getting divorced. Our

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Wednesday, August 22, 2018

Should You Record Those Private Conversations With Your Ex When Going Through a Divorce?

Going through a contentious divorce can be very difficult and emotionally draining, especially if your spouse tries to play tricks or use your children against you. Your spouse says one thing to you in private conversations, but tells the attorneys, mediator, and the judge a completely different story. Is there a way for you to document your private conversations so that your spouse cannot change his or her story?

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