Matrimonial and Family Law Blog

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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Tuesday, August 14, 2018

Six Questions You'll Want to Consider Before Committing to Divorce Mediation

In some cases, a divorce action can be settled without lengthy and costly court litigation. Through mediation, the parties settle the issues related to the divorce action so that all they need is a judge to approve the settlement and grant the divorce. In many cases, divorce mediation produces a better outcome than a trail because each party can negotiate terms that are best for their family.

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Thursday, July 26, 2018

Seven Tips to Get You Through Your Divorce Deposition

Depositions are used in all types of legal cases, including family law cases. When you a deposed, an attorney asks you a series of questions that you answer under oath. A court reporter is present to record your answers for the official transcript. Answering questions during a deposition is much like giving testimony in a courtroom. You are under oath, and your answers can be used to challenge your testimony in court if your testimony is different from the answers during your deposition.

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Friday, July 6, 2018

What Happens When Co-Parents Disagree About Cell Phones for Their Kids?

Co-parenting can be one of the most difficult issues parents must face when they separate and divorce. It is usually in the best interest of the child for both parents to remain active participants in the child’s life. For that reason, New York requires parents to develop a parenting plan that outlines the custody agreement and visitation terms for the child. Our

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Friday, June 22, 2018

How Do I Appeal My Divorce Judgment?

In many cases, a divorce judgment is the final order of the court. Even though you might not like the judge’s order, your displeasure is not a valid reason for appealing a divorce judgment under New York laws. However, there are circumstances in which a party may have a valid reason for filing an appeal of the divorce judgment. You should consult with an

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Tuesday, June 12, 2018

What Types of Expert Witnesses Are Used in Divorce Cases?

Expert witnesses are usually associated with criminal cases or personal injury cases. However, expert witnesses can also be very helpful in a divorce case. When issues in a divorce case are in dispute, an expert witness can help the family court judge sort through the various opinions and allegations to get to the truth. There are many situations in which an expert witness can be valuable in a family law matter.

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Tuesday, May 29, 2018

Five Reasons a Judge Will Not Grant a Child Support Modification

When you are a parent, the state presumes that you have an obligation to provide for your child financially, regardless of whether you are married to the other parent or have custody of the child. All parents are expected to contribute to the upkeep and support of their child. Therefore, New York family laws contain guidelines for child support payments, including the modification of child support orders. Our

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Friday, May 18, 2018

Five Tips for Avoiding Divorce

As New York marital agreement lawyers, we see couples in our offices who want to protect their relationship by entering a prenup or premarital agreement. While some people assume prenups are about protecting assets and avoiding costly divorce proceedings, premarital agreements accomplish so much more.

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