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...]

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...]

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...]