Recent Blog Posts
When Do the New York Courts Award Sole Custody of the Child
If you’re in a heated custody battle, you may be concerned about losing custody of your children. The New York courts default on the presumption that having both parents in the child’s life is in the best interests of the children. The best interests of the child standard is used to decide all custody… Read More »
How Does Legal Separation Differ From Divorce in New York?
Unlike some states, New York provides for legal separation agreements that allow you to separate without getting divorce. This is similar to divorce, but not quite the same. It’s available for spouses who aren’t certain they want to divorce, but need a change of scenery, at least for the short-term. Legal separation agreements can… Read More »
In New York, Child Support Can be Extended till the Age of 26
Child support fills a valuable purpose in New York State. It ensures that both parents fulfill their financial obligations toward their children. The general rule is that the parent who has residential custody of the child is entitled to recover child support from the non-custodial parent. This parent pays child support on a monthly… Read More »
Appeals Court Discusses Property Characterization in New York Divorce
Some people believe that the wife gets half of everything that the husband earns. This belief lacks nuance and fails to understand how the law works. Generally speaking, any property income, or asset you acquired during the marriage is property of the marital estate. When a divorce occurs, the marital estate is divested and… Read More »
What is the Best Interests of the Child Standard in New York State?
When determining child custody, judges have to base their decision on some standard to determine how custody arrangements will be made. Prior to the “best interests of the child standard,” most states favored mothers in custody disputes and would assign them the bulk of the custody rights and parenting time. Today, we use a… Read More »
Setting Up a Successful Parenting Plan
Navigating the complexities of co-parenting after a divorce is challenging. Your life will change in ways that you’ve yet to anticipate. You and your former spouse will have to sit down and discuss issues such as visitation schedules and custody arrangements for your children. If you and your former spouse cannot reach an agreement,… Read More »
Benefits of Mediation for High-Asset Divorces
Regardless of whether you want to, New York State requires divorcing couples to at least attempt to resolve their matters in mediation prior to taking their case to trial. During trial, a judge will decide all matters or those that could not be resolved in mediation. But making a good-faith effort to resolve your… Read More »
Researchers Can Predict Divorce with 94% Accuracy Based on This Communication Error
Is there some secret formula for the success of a marriage? Today, about 40% of all first marriages end in divorce. The numbers are even higher for second and third marriages. To explore the key to a “long-lasting” relationship, John Gottman, Ph.D., a relationship and marriage researcher and therapist, cofounded The Gottman Institute with… Read More »
Appeals Court Decides Complicated Case Involving Religious Invalidation of Marriage
In the case of T.I. v. R.I., the court was called upon to determine if the parties’ marriage was recognized in the State of New York even though the parties never obtained a civil marriage license. To make matters more complicated, a religious tribunal annulled the religious marriage at the request of the husband… Read More »
How Does Adultery Affect the Divorce Process in New York State?
Any individual who is seeking a divorce in New York State must explain to the court the reason for their marriage’s dissolution. In New York, infidelity or adultery can be grounds for divorce. If your spouse has been unfaithful, and you want to divorce them, you should discuss the infidelity with your attorney. A… Read More »