Author Archives: Jay Butchko
Unique Challenges to Same-Sex Divorce in New York State
In 2015, the U.S. Supreme Court declared same-sex marriage legal in all 50 states. Prior, New York State had already legalized same-sex marriage in 2011 with the Marriage Equality Act. This legislation made it possible for same-sex couples to receive tax benefits, insurance benefits, health care benefits, and numerous other rights and benefits. Today,… Read More »
The Division of Assets and Debts in a Same-Sex Divorce
In 2011, New York State passed the Marriage Equality Act. In 2015, the U.S. Supreme Court ruled that same-sex marriage was legal in all 50 states. Since then, LGBTQ+ couples have enjoyed roughly the same rights and privileges as their heterosexual counterparts. But this hasn’t come without complications. Since same-sex marriage has only been… Read More »
Do Mothers Still Get Preference in Child Custody Disputes in New York State?
Traditionally, mothers were given preference when determining custody by family courts across the country. Today, state courts have shifted to a “best interests of the child” standard that favors neither the mother nor the father when deciding who has legal rights over the child or where they should live. It’s true that, in many… Read More »
What is Parental Alienation and How Do I Prove It in New York State?
When deciding a custody arrangement, New York courts will consider the best interests of the child. The courts presume that it is always in the child’s best interests to have both parents play an active role in their life. The court must find a good reason such as abuse, neglect, or substance abuse issues… Read More »
The Role of a Divorce Mediator in a New York State Divorce
Divorce can be a contentious process. On television, we often see divorce dramatized in terms of litigation. This makes sense because drama thrives on conflict. However, you don’t want to add conflict to your own life. In truth, the vast majority of divorces are mediated. The ones you see dramatized on television are litigated…. Read More »
Types of Alimony in New York State
Alimony, also known as spousal support or maintenance, is a type of payment made by one spouse to another after a divorce has been finalized. In New York, alimony payments made during a divorce are called spousal support, while payments that are made after the divorce has been finalized are known as spousal maintenance…. Read More »
Should I Retain My Own Lawyer If My Divorce is Mediated?
The answer to this question depends entirely on the complexity of your divorce, the sorts of issues that need to be hammered out in mediation, and whether or not you are comfortable in a scenario where you will not be getting any legal advice. It’s important to understand that a divorce mediator cannot offer… Read More »
Mother Deprived Custody of Her Child on the Basis of Refusing to Vaccinate for COVID-19
While the COVID-19 quarantine is safely in our rearview mirror, issues related to COVID-19 still persist. In one custody hearing filed in the state of New York, two parents differed on whether or not to vaccinate their children. The father, who was vaccinated, advocated that his children should be vaccinated against the virus. The… Read More »
Understanding Child Custody Rules in New York State
Of all the issues surrounding a divorce, child custody and visitation is the most emotionally charged. Arming yourself with knowledge of how New York State courts make decisions concerning child custody can help better prepare you for the process. Whether you mediate your divorce or the matter goes before a judge to decide, you… Read More »
How Do the New York Courts Determine the Best Interests of the Children in a Child Custody Case?
All states employ some standard to determine child custody in disputed cases. New York is no different. In New York, the courts employ “the best interests of the child” standard. In other words, they prioritize the welfare of the children above all else. In order to make this determination, the court employs several factors… Read More »