Divorce mediation has become more popular in recent years, as it saves time and cost while also attempting to reduce emotional turmoil. While many have increasingly chosen mediation as an alternative to retaining two opposing attorneys and going through court…

What are the benefits of divorce mediation to children? This is a common question. In fact, there are many. It is a known statistic that half of all children in the United States will be subjected to divorce every year….

When handling issues such as asset division or child related issues, life insurance can easily be overlooked during divorce mediation; however, this does not make it any less important. Especially when the couple has a child or children, life insurance…

Mediation can be an effective and economical way to obtain a divorce. However, mediation does come with its disadvantages. If both parties are adamant about the ownership of certain property, or cannot agree on custody issues, the case could end…

Divorce Mediation is often split into 5 different stages: the introductory stage, the information-gathering stage, the framing stage, the negotiating stage, and the concluding stage. Although this is the general order of divorce mediation, steps are commonly moved around depending…

It is important to understand that when New York courts are managing child custody, the focus is on protecting the best interest of the child. As those with children know, there are no clear-cut guidelines for this which makes custody…

The world is facing unprecedented times currently and it may seem impossible to effectively get a divorce from one’s partner during this time. Fortunately, the modern era we live in offers us access to technology that makes a divorce feasible…

Can What I Post On The Internet Affect My Divorce Mediation Result? You must be careful with what you say and do on social media as it will affect your divorce mediation proceedings in New York and any other State….

While pre-nups are supposed to serve as a roadmap for the division of assets in the event of a divorce, that does not mean that parties wont contest the interpretation and meaning of them when the time comes to enforce…

As a means for initiating a divorce, infidelity qualifies as a legitimate ground for divorce in the state of New York. As a “no-fault” state, a spouse need only show the divide between themselves, and the breakdown of the relationship,…

In order for alimony to be waived in the event of a divorce without dispute, it must be brought up and agreed to in a prenuptial agreement. Both spouses usually have a right to alimony, but that right does not…

Often referred to as a “move-away case”, parents with physical custody will often want to relocate after the separation from the other parent, and sometimes this relocation can take them out of the same town, or sometimes out of the…

The true purpose of the existence of a prenuptial agreement is to reduce the number of disputes and battles that naturally occur in the divorce process. The reason that a dispute even arises is because of the division of property…

Custody battles, without question, are the nastiest, most emotional part of any divorce proceeding, and that’s because unlike in divorces without children, this is a family that is being torn apart. These are assets that are beyond value; time with…

 A postnuptial agreement is a legal tool that married individuals can utilize in order to assert and organize the division of assets in the event of a divorce. In addition, provisions regarding support and custody can be included in the…

Although the number of prenups signed by marrying spouses has gone up, it isn’t because the legality surrounding them has changed. Rather, it is a sign of the times, as assets and wealth become more valuable, leading some to preemptively…

Spouses that are estranged or fully divorced often try to take matters into their own hands, in an attempt to show the court “who the other party really is”. A common feeling is that the judge is falling for the…

False allegations happen every day during the divorce process. Why are they so common? Let’s take a step back. The idea of divorce has earned a lot of notoriety and infamy over the decades, in large part due to the…

You may already be married, a year has passed since the honeymoon, and only now do you realize that your spouse has a bit of a bad spending habit. Nothing to get divorced over, but it is a cause for…

The consequences of a DWI are not just in the punishment for the crime, but in the subsequent impacts, it can have on other aspects of your life. If the convicted individual is a parent, this can have a serious…

The ultimate motivation behind proving you are the “better parent” to the court is tied to the desire to have majority, if not sole, custody of your child. After all, if you are able to prove that you are the…

There is an increasing rate of grandparents gaining custody of their grandchildren, due to special circumstances that impact the best interest of the child. However, the threshold of proving that the child living with their grandparents is in the best…

When a married couple decides to separate, often before the filing of divorce but sometimes during, it is more than just the spouses that are being separated. If there are children in the family, they will always be separated from…

While the circumstances surrounding a high-net-worth divorce do not remove the possibility of utilizing mediation, it would be wise to retain a lawyer and contact an accountant, due to the weight of the assets at hand. Moreover, if you are…

When the court constructs a custody arrangement, and in deciding the specific details of the custody of the child/children, there are some relevant factors, and a few, highly important, considerations. The court, in deciding the custody of the child, must…

Although you may receive a settlement in a divorce decree that stipulates that your former spouse is responsible for relieving some of your debts (it is rare that a full award will be made), this does not mean that the…

While it is possible to be awarded some of your former partner’s 401k, it is certainly not a given in every divorce. A family court judge must approve and sign a Qualified Domestic Relations Order, commonly referred to as a…

While there are no set-in-stone advantages of being the spouse that initiates the divorce by filing in court, the inherent nature of being the filer, as opposed to the responder, is what makes it the more desirable position of the…

Although the legal system does not change the divorce process for couples with a high net worth (usually in excess of $1 million in liquid assets), there are unique, moderating circumstances that arise in these divorces that, by their nature…

Because New York’s equitable distribution policy, the division of assets such as ownership of a business, an inheritance, an investment portfolio or other assets may not be divided exactly equal. The policy is in place to ensure fairness in the…

The division of property is one of the more intense stages of the divorce process, and this holds especially true in a high net worth marriage, as the properties themselves tend to be of high value. Disputes over ownership with…

If there is no life insurance policy during the divorce, the typical plan is for the parent, or parents, to buy a 20-year plan if there are young children involved, and a 10-year plan if they are a bit older…

It many scenarios, a couple that is separated and the spouses are no longer living together cut all communication, and may not even know where the other resides. This can make it extremely difficult to serve divorce papers, and subsequently…

In a high net worth divorce, there are typically more assets involved, and nearly all financial related issues inflate due to the monetary circumstances of each spouse. Alimony awards are often much greater in high net worth divorces than the…

The term ‘High Net Worth Divorce’ is thrown around a lot, especially in the news, as we see NYC’s elite finding themselves in the midst of messy divorces. But a high net worth divorce doesn’t only correlate to the “1%”….

A startling statistic reveals that couples that hold a high net worth, either combined or through one of the spouses, are much more likely to see a divorce than their less (financially) fortunate counter-couples. Furthermore, there has been a staggering…

Since New York is not a “Community Property” state, most of a couple’s assets are considered to be marital property. Although they are divisible, there is hardly ever an even distribution of the assets in divorce cases. A judge will…

The term “unfit parent” is thrown around a lot, and is interpreted to mean different things depending on the context of its use, and the arena in which it is said. In the realm of family court, many misunderstand this…

If a parent is awarded sole custody, this, in turn, gives them absolute autonomy in the decision-making process (and the execution of those decisions). This is because a parent with sole custody has both legal custody and physical custody of…

Unlike in divorces that were entered prior to December 31, 2018, alimony payments will no longer be tax deductible for the payers moving forward, and the recipients cannot declare the amount they received as taxable income. The law also explicitly…

A divorce decree is a document that a judge signs and enters into court that represents the final judgment of the divorce. Within this judgment, you will find the layout for alimony, child support, debt, property division, and parenting issues…

Internet privacy is an ever-growing issue in 2019. Far too often, someone’s “private social media account”, specifically what they post on it, ends up costing them everything in court. For example, a photo of a spouse partying with a drink…

If you and your spouse are on the same health insurance plan it is possible you may lose this insurance, since a person’s ability to get health insurance through your spouse is often predicated on the fact that you are…

A prenuptial agreement is a good tool to use to avoid a lengthy and costly divorce later. Of course, no one plans on getting divorced before they even get married, but if you have valuable assets or plan on acquiring…

Until a divorce decree becomes final, you and your spouse have the option of filing as “married joint” or “married separate”, both of which have positives and negatives that will be explored in this article. One thing to remember is…

Usually, if someone has personal assets, such as stock options or an inheritance, they have to come to an agreement with their soon-to-be spouse to sign a prenup, which details the separation of marital assets in the event of a…

Almost everyone has some type of asset: Regardless of whether an asset is personal or business owned, if it was acquired prior to the marriage, and you plan on continuing to own them during the marriage, it is advisable to…

If a parent desires to forfeit parental or guardianship rights to their child or have been requested to do so and approve of this request, they must meet with a lawyer along with the child’s other parent. In this meeting,…

Generally speaking, there are two different types of divorces that you can get. Deciding between the two depends a lot on the circumstances of your case and the relationship between you and your spouse. Matters like property division, child support,…

Although there is some overlap between military divorces and civilian divorces, the differences between them are distinct, and fall under the scope of matters regarding compliance with support payments, methods of service/process, residency, and relating filing requirements, or the division…

A prenuptial agreement, or “prenup”, is a tool utilized by both parties to protect their individual rights, as well as obligations, in the event of a divorce. Moreover, prenups cover the distribution and handling of property, real and personal, marital…

Although child support payment is typically determined during the settlement process, there are instances where there is a modification that can be made post-divorce. The custodial parent, who is the parent receiving the child support, would have to file a…

If, in the event of a divorce, there is a settlement agreement drafted and signed by both parties, it stipulates and sets forth how the parties will operate post-divorce. This includes assigning custody of the child or children, child support,…

By the time the divorce action gets entered into court, and the proceedings begin, it is not uncommon that one, or even both, of the spouses are either engaged in a new (or sometimes pre-existing) relationship, or at the very…

In general, the courts tend to not require a stepparent to make child support payments for the child of their new spouse, from their prior relationship. Moreover, when the courts are initially calculating child support payment amounts, they will not…

Assuming that the non-custodial parent was properly served, and made aware of the court date, they are expected, and demanded, to show up to court. Typically, a summons, along with other relevant documents to that court date, will be included…

When it comes to children’s living circumstances, the court holds “what is in the best interest of the child” as their most determining factor. With that in mind, parents are often worried about beginning a new romantic relationship, because they…

As the parent ordered to make child support payments, there are multiple, acceptable forms of payment that you can submit your child support payments through. Sometimes, the Court might specify the exact method that they want the paying parent to…

To many of those who are exploring options for divorce, Collaborative Divorce, a recent addition to the list of ways spouses can get divorced, sounds a lot like mediation. In some ways it IS like mediation, except that in a…

There are many common reasons why one of the spouses in a marriage cannot afford a divorce. By “afford a divorce”, I am speaking primarily about being able to afford to retain legal counsel. The reasons for this can vary,…

Many people who are preparing for divorce get anxious when they begin to think about incurred debt, both their spouses and their own, and if they will be responsible for paying this debt off once they are separated from their…

When a non-custodial parent isn’t making child support payments, a common, yet misguided, response by the custodial parent is to withhold visitation rights to the other parent. Especially is this is not done through legal means and simply by but…

For a variety of reasons, a parent that is planning on receiving full custody of their child after a divorce may want to change the legal name of the child, specifically their last name, If it comes from the other…

If the spouse who has been ordered to pay child support experiences a significant reduction in their income, like through a demotion or a loss of work, it is not always enough to reduce child support. This type of circumstance,…

The question of whether a mother or father is more likely to get full, sole custody of their child is an interesting one. In the late 1800’s, a legal principle in family common law, known as the Tender Years doctrine,…

Because you and your spouse will no longer be living together after the divorce, a visitation schedule will be constructed to preemptively map out the dates and times the child will spend with each parent, and to organize the child’s…

Although there can be no instance where the court will allow that the non-custodial parent is not required to pay any child support, there is a matter of whether or not the custodial parent will collect, or enforce, these payments….

  Many parents that are ordered to make child support payments reasonably assume that those payments can be claimed as a deduction, and are curious as to why they cannot list them as such on their tax returns. Their reasoning…

Otherwise known as desertion, abandonment is a very common scenario in which one of the spouses, with no apparent cause or reason, abandons the other by way of essentially getting up and leaving either the household or their spouse alone…

Similarly to homes and dwellings, vehicles, such as cars, trucks, vans, and even the occasional motorcycle, are often the subject of disputes in many, many divorce cases. Sometimes one spouse feels that they are entitled to keeping it, while the…

While infidelity, or adultery, as grounds for divorce in New York, it actually has little to no impact on a financial settlement handed down by the court. Of course, you can still file for alimony and be awarded what you…

Custody evaluations are a very common legal process in which a court-selected mental health expert assesses the family, and from their assessment, they make a recommendation to the court for a child custody plan, as well as visitation. The expert…

Many spouses who find themselves paying spousal support want to know the tax implications that are applied. In short, spousal support must be reported as taxable income by the recipient, and can be deducted by the paying spouse. Do not…

This is an issue that has been around for ages; men, not even necessarily husbands, being forced to pay tens of thousands of dollars in child support, and then, wouldn’t you know, it turns out they aren’t even the biological…

Because of how rigid gender roles have been in society, and how that has influenced the flow of income between men and women, women traditionally are awarded alimony in most divorces. This seemed to be typical in almost every divorce,…

When couples get divorced, one of the first thing that they do with their attorney is discuss what they want in the division, and spouses begin to strategize (on their own) how to get what they want. Part of that…

It would seem logical that if during the marriage, a spouse was the victim of domestic violence, then during the divorce trial, and more specifically, when hashing out support payments, that would be a mitigating factor. And to some extent,…

If your ex-spouse is receiving Social Security Disability (SSD) benefits, it is usually because they can no longer work due to their disability. The benefits are supposed to compensate for the pay that would have been made by your ex,…

When one spouse decides they can no longer be with their partner, and that they need a divorce, they are not always guaranteed that their spouse is on the same page. In fact, many partners who are not in favor…

When a married couple decides that the marriage must come to an end, they are not always destined to end up battling it out in front of a judge, with attorneys at their sides. An increasingly popular alternative is mediation,…

The divorce process itself can take a heavy toll on your finances, but when the divorce is finalized, some think that it marks the end of their finances being drained away. Unfortunately, this is not the case at all for…

The answer to this question depends heavily on the type of child custody each parent has, or doesn’t have for that matter. Broadly speaking, the child will go to school based on where the custodial parent resides as that will…

Just like many other things in life, there are many myths and tips about divorce that are shared and fly around, most of which are unsubstantiated, and if followed, can lead to disastrous mistakes – sometimes with permanent consequences. What…

A post-nuptial agreement establishes the process of dividing the couple’s assets in the event of a divorce or legal separation and the expense of spousal support that one partner will pay to the other if the marriage ends. It might…

A divorce isn’t just a separation of two people; it also includes a separation of their possessions and assets. By and large, most divorce “battles” are centered on the division of property, because both parties often feel entitled to what…

Recognizing that you need to get out of your current marriage is truly the first, and sometimes the hardest, step to take. Along with this realization comes the knowledge that your life is about to change drastically, and you are…

Just because you can do something, doesn’t necessarily mean you should. The legal system cannot force you to retain a divorce lawyer to represent you, but consider this; even attorneys don’t represent themselves when they are in court. They will…

This is a question that is asked quite frequently for a number of reasons. Many people who considered a “do-it-yourself” divorce often times regret for not retaining a legal counsel after realizing that it can be complex and time consuming…

When the topic of obtaining a child support order is brought up, it is important to get a few key details out of the way early on. First, and most importantly, the parent who has custody of the child, and…

When a couple is unable to agree on the legal and physical custody of their child/children, the court will hear arguments from both parents in what is often called a “custody battle.”  The word “battle” is not there by accident….

Having your children separated from you in the wake of your divorce (an already emotionally brutal experience) can be overwhelming and traumatic. More times than not, custody decision by the court is not likely to be overturned soon after the…

A common misconception that some divorcees have is if their ex gets remarried, and is currently paying child support, then the amount owed per payment will go up. There is some logical thinking behind this; if they remarry, they have…

You’ve decided it’s time for a divorce; you drafted the papers; hopefully, your spouse has signed them, and it’s time to start looking for representation. There are plenty of divorce attorneys in the NYC area, but to find the one…

It isn’t a myth: attorney fee’s mount quickly, and can really put you in a bind. There are a few ways on how to save some of your hard-earned money from all going towards your divorce. And what more, you…

Not all divorces are settled in court, but the ones that do go to trial are often a result of one spouse refusing to sign divorce papers. In this scenario, the spouse that is trying to get divorced will have…

The first step for most people who wants to file for a divorce is to retain a legal counsel. Some spouses would hire an attorney after they filed a divorce. If you are getting divorced in New York City, you…

Hiring a divorce lawyer is a stressful process. Most people who are getting divorced try to meet with three or four before they finally decide on the attorney they want to hire. And even after all that, it is still…

Many spouses feel that the best way to make child support payments is through the Support Collection Unit (SCU). The SCU is a service unit run by the government that not only aids in the collection and distribution of support…

In same-sex marriages (and divorces), it has become very clear that the biological parent has an overwhelming amount of control with regards to child custody. However, this does not necessarily apply to child support, as that is up to the…

Although it was a triumphant victory when same-sex marriage was legalized in a number of states, marriage equality does not always mean divorce equality. Issues of division of marital estate, custody, and spousal support are obstacles that many same-sex couples…

You are thinking of getting divorced and you and your spouse are considered high net worth individuals, should you mediate or litigate your divorce? Although mediation is often more attractive than litigation due to the fact that it can save…

In order to understand what a high net-worth divorce is, it’s important to first understand what “high net-worth” is classified as. A high-net-worth individual is someone whose net-worth either exceeds $1 million or has an income that is over $200,000…

When a couple has lived together with a pet, or a family has an “extra member of the house”, one or both of the spouses will have some kind of relationship with the animal, and will want pet custody. How…

In the spirit of tax season, a common question is whether or not spouses, who are in the process of getting divorced, should file a joint tax return, or file separate, single tax returns. There are reasons to pursue both…

Obviously, it is would be difficult to make alimony payments if you are bankrupt – in fact, it makes it near impossible. As many divorcing couples know, alimony is what is known as a nondischargeable form of debt. This means…

In most situations, some divorces result in one spouse making steady spousal support payments to their ex-partner. After a while, many paying spouses want to get out of paying more alimony. Fortunately for them, it can be possible to make…

Unfortunately, it is not uncommon for a parent, who is expected to pay a court-ordered child support, to not do so. Fortunately, however, there are laws in New York State in place to track such child support cases, and the…

The courts has been very clear on this topic, and have held that a child’s bank account is their own, and is not considered a marital asset in the divorce. If the child is under 18, they may not be…

When a divorce proceeding is ongoing, state laws protect each party’s property, both separate and joint, and these laws come into play at the start of the divorce process. For example, Automatic Restraining Orders, or ARO (ATRO if it is…

In most marriages, one spouse often is responsible for both partners, if not the entire family, through their own health insurance plan, whether it is through their job or through a personal plan. Once a divorce takes place, that health…

Have you ever wondered, how is your estate planning impacted by your divorce? If you have, you may find this article very helpful. Once your divorce is finalized, you may want to unwind and take your mind somewhere else, where…

When you retire, there is the possibility that your financial circumstances will change. In some cases, social security starts coming in – replacing your current method of income. You would need to adjust your lifestyle. Many still pay for spousal…

Some of us know someone who in some way either has been affected by divorced or getting divorced but either way, they have a story to tell. The problem about their stories is that we accept them on face value,…

Prior to heading into the courtroom, your attorney will most likely give you a brief overview about what the initial court appearance will be like, feel like, and most importantly, what will be addressed. Ideally, you would want your divorce…

In the state of New York, the courts definition of “legal parent” is not always necessarily based on biology. For instance, if the mother was married at the time the child was either born or conceived, then that husband is…

So you have finally decided that you are getting a divorce. You have come to terms with the idea of it and understands that it can be a long and arduous process. The initial paperwork that you will fill out…

The divorce process can be, and often is, an emotionally draining one, not to mention how stressful and tiresome it is. Because of this, spouses are regularly urged to retain a lawyer to represent them in a divorce. It isn’t…

Just because you and your former spouse no longer live in the same state, much less the same house, it doesn’t nullify the non-custodial parent’s right to see their child, if they so choose. Of course, if moving out of…

Your economic situation after divorce may lead to the decision that relocation is the best option for growth and recovery. If you have recently gone through your divorce, there are laws in place that may prevent you from moving out…

What people are most concerned about the divorce process is how assets will be divided after calculating its net worth. However, many seem to forget that debts are also accrued during the marriage as well, and are also factored into…

Many spouses think that if there is joint custody of a child, meaning both parents have physical and legal custody, that they should not have to pay child support, or rather, child support should not be ordered by the court….

In previous blogs, I have covered a vast majority of the many aspects of child custody, and the arrangements, support payments, and rules that operate in that area. Court-ordered custody arrangements have, and can, work well for families for years,…

Retirement and pension funds/plans are one of the many assets that can be split between spouses as part of a property division in a divorce. A qualified domestic relations order (QDRO), is entered during the divorce, which recognizes that there…

Spouses often target gifts and inheritance during the divorce proceedings. Most of these are assets that they have a vested interested in. Gifts can be categorized differently, for instance, there are gifts given between spouses, and these are often treated…

Although many of us understand the basic idea of alimony, one spouse paying the other after a divorce, many of us don’t truly grasp the process that goes into calculating the alimony. If there should be any alimony that should…

A common question in divorces that involve children is whether or not child support is considered taxable income by the spouse receiving the support. The answer to this question is no, and moreover, it is not deductible for the spouse…

Financial decisions are an essential component of the divorce process on both sides. These include how any assets, estates, bank accounts/funds that may have been attained during the marriage, or any other financial possessions that one or both parties have…

Planning and going through a divorce is extremely difficult, on both emotional and financial level; and with all the legal components of getting a divorce, a qualified attorney is retained 99.9% of the time. Not only is it important to…

Are you weighing the pros and cons of joint child custody? Dealing with your ex-spouse about child custody is not easy as a parent. Here is an introduction to some of the positives and negatives that parents need to consider….

Stepping into the office of your divorce lawyer for the first time can be overwhelming since you are taking the first step in filing for a divorce. Depending on where you currently stand in the divorce process, you might need…

In a previous blog, I discussed the difference between physical and legal custody, which differentiated between having the child live with you and having the right to make decisions for the child. In this article, we will be discussing the…

In divorces that include children, there seems to be a misunderstanding, if not a total unawareness, of the difference between physical and legal custody. Moreover, when the term “joint custody” is added to the equation, many get lost in the…

Changing your representation mid-divorce isn’t as uncommon as some think, especially in a divorce case. There is a multitude of reasons for why you feel the need to change attorneys and an even greater number of factors that have lead…

After the divorce process is over, yours and your children’s life will change. Your life has to go on. Your kids will grow older, jobs (and their salary) change and divorce agreements that worked in the past are now obsolete….

When a married couple decided to get divorced, the judge will consider, and most often award spousal support otherwise known as “alimony,” to one of them. This will be decided either before the trial, where the two parties can make…

Contrary to what many of us see in movies, or read about in papers and books, not all divorces are long, drawn out battles that go on in front of a judge, with the spouses dueling it out via lawyers…

It is a common belief that even if a marriage is falling apart, or is already in shambles, it is better to just deal with the situation and keep the family intact instead of separating and getting divorced. Now, besides…

Many married couples decide they no longer want to be together, but that doesn’t always mean they are going to get divorced. In fact, some couples choose to be legally separated instead of going through the divorce process. A legal…

Because a divorce case cannot begin without one of the spouses initiating it (by petitioning or filing for divorce), there are many advantages to being the one who does start the divorce process. Being the Petitioner, as the phrase has…

If you are the recipient of a Summons/Complaint because of a pending divorce, you have twenty (20) days to respond. To respond to the summons, you must file what is known as the Answer. Usually, your attorney will draft up…

Each state has its own “formula” for calculating child support, and court judges will use this formula when determining how much child support will be paid. However, parents can still estimate fairly well what the child support amount might be…

Spousal support is common in many divorce cases and usually involves one spouse paying the other on a routine basis. For instance, there are many situations where one spouse is not working, and because he or she has been out…

An alternative to taking your divorce to trial is divorce mediation, which is where you and your soon-to-be-ex-spouse will decide how the marital assets are divided and other aspects of dissolving the marriage that a judge would usually preside over….

A “fault divorce” is not very common, and most states don’t even recognize them. In the states that do recognize this type of divorce, it is defined as a spouses requesting a divorce be granted on the grounds of some…

Historically, when men were the predominant “breadwinners” in a typical family, it was often the case that, in a divorce, the husband would pay what is known as spousal support to the wife. Spousal support is a financial help that…

The purpose of alimony or spousal support is to limit the economic effects of a divorce proceeding. It is granted to the unemployed or lower-wage-earning spouse as a source of continuing income. The court is aware that there are countless,…

Divorce isn’t only an ugly process; it’s an expensive one, too. And not only have that, 21st-century divorces tended to last upwards of seven months to a year. And as one would imagine, many spouses cannot afford to pay their…

A controversial, yet sometimes useful tactic used by parties of a divorce case is to record a phone conversation between the spouses, usually one spouse doing so in secret from the other. The idea is that the unknowing spouse will…

My Ex-Spouse Has Broken Court Orders Twice. How Will Breaching Child Custody Agreement Affect Him? One of the most difficult parts of divorce settlements is certainly agreeing on custody and visitation arrangements when there are children involved. And even when…

For most people who are going through a divorce, getting through it as quickly as possible is the main goal. After all, divorces can be very painful and the only way you can start moving on is by getting past…

Here’s how they’re typically found during a divorce case. Because of the fact that assets, which may have at one point belonged to one spouse, often become shared between the two during or after a divorce, some spouses try to…

When the divorce proceedings are finished, it is important to update and change documents that are not included in the divorce judgment. If one fails to do something such as updating who their beneficiary is to your IRA, which most…

Inheritance can be tricky and often a sensitive subject. People often feel entitled to what has been left behind to them by their parents, but the law in New York often causes a different outcome. Because married couples sometimes find…

In many divorce cases, one of the spouse will want to keep the family home following the divorce. Refinancing is sometimes a necessary action to take in order to buy-out the other spouse’s interest, or ownership of the property. This…

In most typical relocations involving children, the moving party must abide by the child custody agreement as well as the limitations that it places. Some order prevents the custodial parent from moving certain miles away. Travel restrictions themselves are usually…

When one parent decides that they are going to move or relocate with a significant distance away from the marital home, or where the child is being raised, during post-divorce, the opposing party (the other parent) can make a case…

When a court issues an order during the divorce proceedings or after the divorce is finalized, it is legally binding. What this means is that whomever the order is focused on, they must abide by all conditions that are included…

It is very important to update and edit your estate plans if you are preparing to get divorced, because without proper revisions, your former spouse may end up inheriting your assets. Moreover, if your ex-spouse gets married again, then their…

It’s very common for an angry, scorned spouse to begin spying on their soon-to-be ex. In fact, plenty of couples that haven’t even begun speaking to attorneys about a separation already spy on each other. And if you find out…

Choosing the right divorce attorney for your particular case is a key step in achieving the ultimate goal – to end your divorce and walk away in the best shape possible. Some attorneys are better suited for your case than…

Many small business owners often co-run the company with their spouse, and while this is a smart tactic when it comes to filing taxes and other financial duties but if the marriage does not last, the demise of the partnership…

The “fire” in the relationship goes out. For whatever reason, it is common that the intimacy in the relationship becomes strained, and over time it seems to disappear. Although a healthy sex life with your spouse doesn’t guarantee a successful…

Going through a divorce is not something we want to broadcast. Sometimes it’s not something we want people to know about, and frankly, it’s no one else’s business to a certain extent. And although there are significant confidentiality rules in…

Although the divorce process can be mentally and emotionally draining, it is important to remember that you are in a rather vulnerable position and that you should immediately protect yourself, your children and your personal finances as the divorce carries…

When kids are involved in a divorce, the process becomes more stressful and emotional for everyone. How you handle your divorce can have a tremendous impact on their lives, and any relationship you will have with them in the future….

Going through a divorce is never easy for anyone involved no matter what the underlying circumstances may have been. There will be lasting, emotional scars during and after, and some people simply cannot cope with the situation. However, moving on…

Here are a few good examples of questions you should think about asking when meeting your potential divorce lawyer: What is your rule regarding communication via phone calls, emails, texts, etc.? How can I reach you if there is an…

The rules regarding spousal maintenance, otherwise known as alimony in divorce law, has gone through a tremendous change last 2015. Last September 2015, Governor Andrew Cuomo signed a huge divorce law overhaul that has since gone into effect October 25th….

You may hate them, you may despise them on a cellular level, but it’s not realistic to think that you will never speak to your soon-to-be ex-spouse, especially if there are kids involved. The best thing you can do, both…

Social media has forever changed every single aspect of our lives, and that extends well into divorce proceedings. Posts on social media platforms like Facebook and Twitter, have been used as evidence and deciding factors in trials, which in some…

When a divorce trial has come to an end, and everything is settled and planned out, it is extremely common that one spouse will start paying the other spouse per the agreements made in court. Two of the most common…

Although we view divorce as something that not only affects us as people but also our finances, getting a divorce in and of itself will not affect your credit score or report. At least, not directly; the financial issues that…

Pets are a big part of many couples’ lives; they serve as companions and cherished family members to both spouses. As such, many married couples find themselves fighting over the custody of the pet, much like how passionate parents will…

Filing for divorce requires a lot of work on your end, as a client. Just because you retained an attorney doesn’t mean that he is completely equipped with all the necessary information to represent your case in court. To make…

As a general rule, you should really try to refrain from the following 10 detrimental, and unfortunately common, things that spouses will do during the divorce process. Do not try to use the court and your meetings with the judge…

An Alienation of Affection lawsuit is a civil tort claims against someone who is not your spouse, but through his or her own actions, caused a spouse to leave the other. Being a third party to the marriage, they may…

If your divorce is still on process, then declaring bankruptcy may not directly influence the settlement talks to decide custody or support. However, it will halt the current divorce proceedings that are relevant to the division of property for the…

Social media has efficiently integrated itself permanently into our everyday lives. Utilizing it is inevitable for some of us, as our whole lives and careers revolve around social media, and all the connections we have through it. However, it can…

In order to file for a divorce in the state of New York, there are some residency requirements that have been put in place that must be met for the court to be able to hear your case. This is…

Part of the divorce process includes the distribution of property, often the marital assets. Some marital assets can include perks from you job. Retirement benefits, for example, can be affected, because they are considered marital property by the court, and…

A no-fault divorce is the type of divorce in which a spouse files a divorce based on irreconcilable differences. The spouse who is asking for a divorce, A.K.A. the plaintiff, is not required to provide a reason for wanting the…

Legal Expenses: Getting a divorce is not only a long and difficult process, but it also can be financially impactful as well. Because divorce cases are generally so long in duration, it’s not as if you make one payment to…

People are naturally stingy with money, and when you have someone who is overly protective of their private wealth, you would be surprised at some of the tactics I have seen that some go through in a desperate attempt to…

Many of my clients come to me asking if there is any point when it is too late to get a postnuptial agreement, and the answer to this question is no, it’s never too late. A common misunderstanding by many…

Many individuals who are going through a divorce go through a variety of emotional and financial dilemmas. Thankfully, they can all lessen the effects of the monetary issues by being proactive in organizing their finances. When two spouses decide that…

When one parent is awarded child support in any divorce proceeding, it acts just like any other order delivered by the court, and is enforceable with an order of contempt action. Typically, if the non-custodial parent does not comply with…

1. Contact and work with a Certified Financial Divorce Practitioner: Some people think that when drafting a settlement offer for your upcoming divorce, that it is okay to consult their accountants or financial planner. The problem here is that, more…

1. Spend as much time with the kids as possible: In the eyes of the court, it can be very compelling if the parent that doesn’t live with the children the majority of the time during the separation, makes a…

Divorce in general is a long, difficult, and complex procedure in almost every case. When there is more money, more assets and additional property included, it only makes things more complicated. Because of the fact that there is substantially more…

Because of how recently same-sex marriage has been passed in states, child custody battles in these instances are often case-by-case, as the legal system and the rules that apply here are constantly changing. Not unlike heterosexual marriages, it is best…