Category Archives: Family
Will Having a Mental Health Diagnosis Affect My Child Custody Arrangement?
If you’re in a particularly contentious custody battle, it’s possible that the other party could raise the matter of your mental health against you during the proceedings. As a society, we have made great strides in addressing the stigma of mental health. This has resulted in more people getting the help they need, fewer… Read More »
No Signature Divorces in New York State
You no longer need the consent of both parties to pursue a divorce in New York State. In most cases, the individual filing for divorce must formally serve the other spouse with the divorce papers. For the divorce to continue, the other spouse must respond to the summons. However, in New York, if the… Read More »
What is a Conversion Divorce in New York State?
A conversion divorce is a divorce that proceeds from a legal separation. In other words, the couple has been legally separated for some amount of time, and then they finally decide to get a divorce. Once this happens, the separation is “converted” into a formal divorce that proceeds as it would in any other… Read More »
Allegations of Adultery in a New York Divorce
All divorces have grounds or reasons why the divorce is occurring. Some states only allow for no-fault grounds, while other states allow you to “blame” your spouse for the breakdown of the marriage. In New York, we have both no-fault and fault-based grounds for ending a marriage. One of the potential fault-based grounds is… Read More »
Can I Appeal a Family Court Decision in New York State?
Yes, you can file an appeal if a judge makes a family court decision that you disagree with. To initiate the appeal, you must submit a Notice of Appeal and pay the required filing fee. The notice must include the names of the parties involved, the case number, and the grounds for the appeal…. Read More »
Can the New York Courts Annul My Marriage?
Annulment is the less traditional way to dissolve a marriage. Unlike divorce, when a marriage is annulled, the law declares that the marriage is not valid. There are two types of marriages that can be annulled in New York State. Those are void and voidable marriages. A void marriage is a marriage that essentially… Read More »
Can the New York Courts Suspend My Driver’s License for Failing to Pay Child Support?
The State of New York considers driving a privilege, not a right. The state can suspend your driver’s license for any number of reasons. Coming as a surprise to some, one of those reasons is failure to pay child support. Under New York Vehicle and Traffic Law § 510, your driver’s license can be… Read More »
Can Mediation Work for My High-Conflict Divorce?
A divorce would be characterized as high conflict when there is a large degree of animosity between the two spouses. In such a case, it may be tempting to litigate your divorce by going to court to battle through every element of the divorce and have a judge render all the final decisions. However,… Read More »
Can You Terminate Alimony Payments in New York?
When a court orders a spouse to pay spousal maintenance or alimony to the other spouse during a divorce, it can be very difficult to terminate the alimony payments. Spousal maintenance is not awarded in every divorce case, but if there is a significant gap in one of the party’s finances or earning capacity… Read More »
What Issues Are Addressed During Mediation in New York?
Mediation is a less contentious way to dissolve a marriage when compared to traditional litigation. It offers the couple a chance to resolve their differences with the help of a skilled neutral third party who facilitates discussion and helps the process of negotiation. Couples can resolve all the same issues that traditional litigation allows… Read More »