Matrimonial and Family Law Blog

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.

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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

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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

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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

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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:

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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.

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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.

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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.

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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.

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Wednesday, December 28, 2016

Judge rejects divorce papers served through Facebook

Is it ever acceptable to serve divorce papers through social media in New York?

Going through the divorce process is difficult, especially if your soon-to-be ex-spouse is not cooperating or his or her location is unknown. If it were only as easy as changing your relationship status on Facebook…

A New York woman actually tried to notify her husband that she filed for divorce via Facebook, but the judge was not having it. According to court documents, Manal H. Qaza attempted to serve her husband with notice of divorce through Facebook because she did not know her husband’s whereabouts and believed him to be living in Riyadh, Saudi Arabia.

Qaza filed for

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Tuesday, December 13, 2016

Before saying 'I do,' more millennials say ‘prenup'

According to CNBC, prenups are trending among the millennial population. The American Academy of Matrimonial Lawyers (AAML) has reported that 62% of matrimonial attorneys are seeing an increase in the number of millennial prenuptial agreements during the past three years.


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