Family Law: Grandparents’ Rights

Family Law: Grandparents’ Rights The love and wisdom of a grandparent is just as important in raising children and can often be a secondary support system when parents have to work. However, divorce and death can hinder a grandparent from being just that….a grandparent. In New York, under Domestic Relations Law Section 72, grandparents have the ability to petition for visitation or custody rights when the parents reside in the state, one or both have passed away, or if the situation … [Read more...]

Family Law: Annulment – Erase My Marriage

Family Law: Annulment – Erase My Marriage  With the media captivated by the Kardashian-Humphries marriage saga, the topic of annulment versus divorce has come into the spotlight. What’s the difference? Why does it even matter since the marriage will end either way? Annulments are often brought on for religious reasons; the family does not believe in divorce or, in order to get married in a church again, annulments can often be necessary. An … [Read more...]

Getting Started: Filing for Divorce in New York (Residency Requirement)

Going through a divorce is an emotional and difficult time; even if both of you agree on everything, it is always recommended to review with an attorney. There may be property that needs to be divided or child support to be awarded, our Westchester family law attorneys will help you through the challenging process of filing for divorce.  Two initial requirements exist in order to file for divorce in New York: 1. Residency: there are several ways to claim residency – a. You or your spouse … [Read more...]

Bankruptcy Following a Judgment of Divorce

“My ex-spouse filed a bankruptcy and creditors are now coming after me…but he/she took the debt in our Judgment of Divorce.” A divorce is final and you believe everything is resolved, all prior ties are cut, and it is time to move on with the next path in life. Than the phone begins to ring, a creditor is saying you owe money. You pull out your Judgment of Divorce, tell them your ex-spouse took the debt, and they tell you its irrelevant, either pay the debt or they will sue. You are wondering … [Read more...]

Child Custody/Visitation

A New York court looks to provide a joint custody arrangement whereby the parents will share physical and legal custody of the minor child(ren) as it often is in the best interest of the child. Physical custody is the actual physical possession of the child whereas legal custody is the ability to make the everyday decisions on behalf of the child. When determining custody, the courts will consider some of the following factors: The child’s request (this is taken into account generally … [Read more...]

Yes, You Too Can Avoid a Nasty Divorce

The hope is that when you walk down the aisle with the love of your life that you'll stay together through good times and bad. The harsh truth is that almost half of all marriages end in divorce. Once you've embraced the idea that divorce is the best option and you've hired an experienced Westchester divorce attorney then you'll begin the filing and settlement process. This is where is can get nasty but it doesn't have to end up that way. If there are kids in the picture then you really want to … [Read more...]

NEW YORK SPOUSAL SUPPORT

Family Law: "Alimony" in New York New York recognizes two types of support for a spouse: Spousal Support and Alimony (known as “maintenance”).  Alimony refers to support paid while the divorce action is pending, known as temporary maintenance, and money paid once the divorce is final. This article will focus on Alimony as spousal support is money a spouse pays to his/her spouse while still married. When parties separate or divorce, an ex-spouse can be responsible to pay the other … [Read more...]

How To Tell Your Kids You’re Divorcing

There is no escaping the simple fact that going through a divorce is going to cause a lot of upheaval in your life. That upheaval is compounded when kids are part of the picture. It's one thing if your children are grown up and out of the house. They'll still be upset but they've got their own lives to focus on. When it comes to telling younger kids and teens still living in the home you'll want to do some prep work with your spouse. Here are some helpful tips you can use in your approach to … [Read more...]

What to Know About Filing for Divorce In New York

The sad truth about some marriages is that they just weren’t meant to last. However, in New York City, the divorce rate is actually lower than most other metropolitan cities. Of course, Las Vegas holds the title for the greatest number of divorces. In the Big Apple the rate is around 210,000 out of a population of over 18 million. Here in Westchester those rates are on par at around 6% of males and 9% of females filing for divorce. While it is true that there is emotional pain going through a … [Read more...]

Is It Time for a Divorce?

There is a common misconception about prenuptial agreements as creating a kind of "backdoor" out of a marriage. In other words, if you begin a marriage by planning for its end then it is certainly doomed, right? That's not always the case. Many couples with prenuptial agreements go on to have long and happy marriages. It just makes sound business sense to enter into this type of agreement especially if the couples are bringing large personal assets to the union. But what happens when a … [Read more...]