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Divorce

Tips for handling a divorce during the holidays

The first holiday season after a divorce can take an emotional toll on anyone. Now that you and your spouse are no longer together, how will you handle family gatherings and other holiday celebrations that you used to attend together? Will the kids have to attend two sets of festivities? It all sounds daunting, but…

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New York cohabitation agreements

cohabitation agreements for couples

In this day and age, many New York couples are foregoing marriage in favor of living together. Each couple has their own individual reasons for choosing cohabitation: some are morally or politically opposed to the concept of marriage, while others want to simplify the relationship from a legal perspective. If they decide that the relationship…

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Same sex divorces in New York

divorcing

Same-sex marriage has been legal in New York State since the passing of the Marriage Equality Act in 2011 and, as with all unions, divorce is always an unfortunate possibility. The requirements for same-sex divorce are the same as those that apply to heterosexual couples: you must satisfy the residency requirements set forth in New…

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Supreme and family court appeals in New York

Appealing a decision or order from the New York Supreme or Family Court is a complicated process. To begin with, you should have sufficient grounds for appealing: being dissatisfied with the outcome of your case is not enough. The following circumstances must also apply: You or your attorney must have objected to the issue during…

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Considering moving after a family court case? Think again.

Two recently separated New York parents obtained a child custody and visitation agreement. According to an October 18, 2016, New York Law Journal article, the father wished to modify this agreement. In the agreement, the two parents agreed to reside within fifteen miles of each other to benefit their child. The father sought to change…

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No-Fault divorce in New York

New York adopted “no-fault divorce” in August 2010, which represented a significant change in the state’s long-static matrimonial laws. Prior to the advent of the no-fault option, anyone seeking a New York divorce had to blame their spouse for one of the following in order for their application to be accepted: Adultery Cruel and inhuman…

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Spousal maintenance in New York

Spousal maintenance, as alimony is called in New York, is a series of payments one makes to their former spouse during or after a divorce. Its purpose is to enable the recipient to maintain the same standard of living he or she did during the marriage, as well as help them financially as he or…

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Prenuptial agreements in New York

prenup before wedding concept

At one time, prenuptial agreements were regarded as a formality, and an insulting one at that. Today, however, they are becoming the norm, especially for couples with high net worth. In a prenuptial agreement, you and your future spouse disclose and itemize all the assets you own prior to getting married, and then agree on…

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Child custody and relocation in New York

relocation with children

When a couple divorces in New York State, child custody and the possibility of future relocation will invariably come up if there are minor children involved. In general, there are two types of custody arrangements: sole and joint. Both situations involve one parent receiving sole physical custody of the children while the other parent retains…

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Paying for a child’s education after divorce

New York courts today generally take the view that children must be given every reasonable opportunity to succeed in life. That includes a college education. When evaluating a parent’s post-divorce responsibility for their child’s education costs, the court reviews factors like the following: The ability of the parent to pay The educational background of the…

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Study finds that conflict, not divorce, most likely to impact children’s future divorce likelihood

It has long been assumed that young children who witness their parents getting divorced are much likely to get divorced themselves. According to a recent research study reported in Marriage and Family Review, however, it turns out that conflict, not divorce itself, is actually responsible for this connection. Conflict between parents can make for a…

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New article explores what prompts most men and women to divorce

Love is not always easy, and it can be extremely difficult when you are married and later decide that your marriage is not working out. You may even be prompted to schedule a meeting with a New York divorce lawyer to review your options. Read on to learn more about the reasons that spouses have…

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Divorce and child support in New York

Under New York law, children are entitled to benefit from the income and standard of living that their parents enjoy. When those parents divorce, the noncustodial parent pays child support to the custodial parent so that any children under 21 are not left financially bereft by the separation. Child support in New York State is…

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New study reveals that Americans are less approving of divorce

A new research study from the National Health Statistics Report, a CDC publication, indicates that individuals are softening their opinions on divorce while being less acceptance of the decision to divorce. There is no doubt that the last 50 years have been subject to a great deal of changing perceptions associated with living together, marriage…

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Tips for same-sex couples preparing for divorce

same-sex divorce word letter

Divorce is never easy, but same-sex couples have their own unique concerns when it comes time to end the marriage. Read on to learn more about to handle this situation appropriately. Talk to an attorney first You need a New York divorce attorney who has experience dealing with these kinds of special issues. Since rules…

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Why you should know the numbers before you get divorced

consultation

There are many different costs and expenses associated with filing for divorce in New York, including real estate appraisers, experts, lawyers and potentially financial advice or even therapy for you as well as your children. The cost of a divorce can definitely vary, but it is a good idea to have some understanding of what…

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When your divorce stress and sickness requires medical attention

Many individuals going through the process of divorce in New York recognize that stress is one of the most common emotions you are likely to experience before, during and after you file. While there are certainly many different implications associated with divorce that can influence your physical health, you may need to get help from…

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Tips for moving during a divorce

moving boxes after divorce

As if dealing with the emotional ramifications of divorce was not enough, moving out of the home that you shared with your spouse can be an extremely difficult experience. Thankfully, there are many different ways that you can make the move much easier on you. First of all, make sure you contact a moving company.…

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Do I need to tell my child’s teacher about my recent divorce?

Sharing the news that you have recently gotten divorced can become tiring after you have let all the important stakeholders know about the situation. Bear in mind that not everyone will hear word through the grapevine that you have decided to move forward with a divorce. You may consider the benefits associated with letting your…

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How to broach the divorce conversation with your spouse

talk about divorce

It is never easy to bring up the prospect of getting a divorce in New York with your spouse, even if the two of you have been separated for some time. In the event that problems have plagued your marriage or if you have gone through therapy or even been legally separated, having this conversation…

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What to do when divorce has significantly impacted your finances

There is no doubt that a marital dissolution in the State of New York can have numerous implications for your life, including as it relates to your children, your emotions and your finances. Financial strain is common after divorce for both partners. Divorce will have a major influence on you for years to come, which…

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Are high expectations increasing your risk for divorce?

According to a new research study at a Florida State University, high expectations can erode the success of a relationship. High standards in forms of independence, support or caring can only improve satisfaction in marriages where the marital ties are strong. Problems that may lead to divorce can come from having high expectations from your…

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What is discovery and what does it have to do with my divorce in New York?

The process of filing for divorce in New York is relatively straightforward but you can easily get tripped up by a legal terminology such as discovery. Discovery refers to the period in which information is disclosed and shared between the divorcing parties and their attorneys. While this usually happens after the initial pleadings have been…

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Will my New York divorce filing be public?

public and private for divorce records

In recognition of the very private nature of divorce proceedings, New York law keeps the majority of matrimonial matters private by prohibiting court reporters and court clerks from allowing anyone outside of attorneys and spouses associated with the case to copy or examine any of the legal paperwork filed in divorce court. It is natural…

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Could your appreciation of social media be an indicator for divorce?

A new research study indicates that one in seven married individuals have contemplated divorce as a result of a spouse’s social media activity. It is important to realize that the behaviors associated with a lack of trust regarding social media don’t have to do with general use of these sites for sharing updates and interacting…

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What will a divorce cost me?

question

This is one of the most common questions asked of New York divorce attorneys, but the answer can vary from one firm to another. There are several different things you may need to consider, and the bottom line is that this is all variable based on the level of conflict in your divorce. It is…

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What is a temporary support order in my New York divorce?

child support letters and money gavel

Since a divorce in New York can take some time to be completed, one spouse may consider filing for a temporary support order before a permanent one is established on behalf of him or her by the court. For example, if one spouse has an income and a job and the other does not, the…

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Who can claim the child on taxes after a divorce?

tax return showing dependents

If you are legally separated or divorced, then one of the most common questions you have may be about who has the authority to claim the child as a dependent. More often than not, it is the custodial parent who spends more than half the year with the child who has the rights to claim…

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What does equitable division really mean?

Upon the process of filing for divorce, you might be presented with the term “equitable division” or “equitable distribution” as it relates to dividing up the property between two parties who are ending their marriage. New York is what’s known as an equitable division state. In states like this, each spouse has the income that…

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Tips for staying positive after a divorce

Since divorce can put all of your life in what feels like a tailspin and can significantly alter things you do even on a day to day basis, it can be difficult to stay positive. Trying to avoid focusing on the negative aspects of ending your marriage will make things easier for you in terms…

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Tips for men getting a divorce

Going through the process of a divorce is not easy for anyone but knowing what you need to do to prepare while some of the most common issues impacting them in a divorce can help you feel more prepared. Read on to learn some key tips regarding what to do if you are a man…

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What 3 things should I do to prepare before filing for divorce?

Unfortunately, many divorce proceedings can feel like war, and you need to be prepared for the battle before you initiate involvement. Read on to learn some of the most important tips that you should follow before filing for divorce. First, consult with a few attorneys in family law to determine their upfront fees and their…

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The value of healthy parent-child relationships after divorce

child custody concept

Although divorce can wreck emotional havoc on everyone involved, it is important to try to stabilize healthy parent-child relationships once the divorce has concluded. In many cases, there are so many emotions happening between the divorcing partners that the feelings of their shared children can easily be swept under the rug after the divorce is…

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What are the five marriage mistakes that can lead to divorce?

5 reasons for divorce

Although every relationship situation is unique, there are some common factors that tend to contribute towards divorce. Read on to learn more about whether your relationship could be impacted by one of these five key causes of ending a marriage. These key causes include dishonesty, cheating, addictions, major changes in priorities and abuse. If you…

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What is the link between bankruptcy and divorce?

Divorce, which almost often involves disputes over money and debt, can lead to bankruptcy. The key is critical timing and knowing the main factors about how to prepare for the financial challenges associated with divorce. You may need to consult with a bankruptcy attorney in addition to a family lawyer when preparing for divorce. In…

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What you should know about presumptive revocation and divorce

cancelled

New York law declares that a testator, otherwise known as a person who has written and executed a last will and testament, create a subsequent will or direct another person to act upon the original will, thus allowing the first will to be revoked. In a ruling that came down over the summer, the New…

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A simple and effective tip for hiring a divorce attorney

Even though it is strongly recommended that you set up a meeting with a divorce attorney if you are even contemplating divorce, this does not mean that you are obligated to hire the first attorney that you meet with or that you have to file for divorce immediately. In fact, just knowing that you have…

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Supporting your kids during a divorce

divorce support

As a parent, a divorce can impact your life deeply. Trying to figure out the best way to tell the children about the plans is just the beginning, because then you need to enter the stage of changing their life in a big way. As you might expect, not all children are going to react…

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What about pet custody?

Although child custody is often one of the most hotly contested aspects of a divorce, many individuals with and without children also face challenges over what happens to family pets when a marriage dissolves. While normal property can be sold or divided, a beloved pet is irreplaceable. The conversation about what happens to a shared…

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An easier path ahead for Catholics wanting to end their marriage

Catholic marriage

Pope Francis announced last week that the church aims to make it simpler and faster for Catholics who want to get a marriage annulment. This painful process has been known to take years and frustrate both spouses, which is why the church has taken some action to address growing concerns. Many people who have wanted…

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Why cohabitation agreements matter

broken marriage relationship needing attonrney

Avoiding the complexities of marriage and a potential divorce might sound good if you choose to live together instead, but you should know the downsides of pursuing this route, too. Couples living together in New York do not have the protection of a common law marriage to provide rights related to medical decisions, survivor benefits,…

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The Ashley Madison hack: driving up divorce rates?

divorce actions

In the wake of a massive data leak tied to Ashley Madison, a popular site for spouses seeking extramarital affairs, divorce attorneys are preparing for an influx of business. Personal data was hacked from the infidelity site including details like email addresses, parts of credit card numbers, names, and addresses. The data hack exposed the…

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Avoid these common divorce mistakes

sad from divorce mistakes

Even in the best case scenario, divorce can be difficult. Knowing how to avoid some of the most common mistakes people make when it comes to New York divorce can save you heartache and aggravation. Read on to learn more about avoiding the big mistakes in your divorce case. The most common mistake people tend…

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The link between divorce and paternity in New York

paternity test

Paternity simply means the legal status of being a father, and this status can convey both responsibilities and rights. During the process of a divorce, one of the issues couples might face with regard to child support and child custody is that of paternity. If both parties do agree on the father of involved children,…

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What is gray divorce?

divorcing couple

The end of a marriage can occur at any time- six months in or 30 years down the road. America is currently experiencing a surge in gray divorce, referring to the termination of a marriage between two older individuals. Especially as the baby boomer generation plays such a prominent role in society today, it is…

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Is celebrity divorce different?

divorce for celebrities

There is no doubt that divorce in general gets a lot of news coverage these days, but celebrity divorce seems to get special attention. Compared to the general population, is it really that different? The reality is that with any marriage involving at least one high-profile individual, divorce proceedings might start off very differently from…

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Role of a prenup during a divorce

planning with a prenup

In the event that you file for divorce, this situation subjects a prenuptial agreement for scrutiny. The discussion over whether to have a prenuptial agreement can be difficult as you enter into a marriage with your new spouse, but if used properly, it is a valuable planning tool. Many hope that this agreement will never…

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Same-sex divorce remains yet to be clearly defined

laws

With all the recent news about same-sex marriage, there is a lot of legal precedents that remains to be set with regard to same-sex divorce. Although the phenomenon of parting ways from a same-sex marriage is not necessarily new, it has not been handled in America’s courts in the high numbers that heterosexual marriages have.…

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How to bring up a prenuptial agreement

prenup agreement talk

There is no doubt about it; the conversation about a premarital agreement may be awkward at best, and explosive at worst. Read on to learn some tips about how to broach this situation in a calm manner that promotes open communication. First of all, suggest the conversation at a time when you are already working…

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Divorce questions: Can social media be sued as a process server?

process server divorce

A recent case out of New York raises questions about how process servers can be used to notify parties of the divorce filing. According to Manhattan Supreme Court Justice Matthew Cooper, a Brooklyn woman was within her rights to serve her divorce papers over Facebook. The woman in question messaged her former spouse over the…

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Dogs of New York: Pets are the new custody issue in NY

pet custody dogs in city

When it comes to child custody, there is years of case law and relevant application to help consider how a court might decide. There are clear guidelines about how things should happen, and established systems for helping divorcing couples navigate the process during and after the divorce. What about pets, though? There is a lot…

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Service of divorce papers via social media allowed by New York judge

divorce papers service

Proper service is essential for divorce. As per New York State’s Domestic Relations Law (DRL) § 232 service is proper when the summons and/or the complaint are  “(a) personally delivered to the defendant, or (b) served on the defendant pursuant to an order directing the method of service of the summons.” Recently a New York…

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Parent’s implied consent to child’s relocation

When a parent relocates to another country with his or her minor child, he or she usually needs the consent of the other parent. However, consent can be implied based on the actions of the parents as was the case described by a recent New York Law Journal article. A couple that met in New…

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When can I request modified spousal maintenance in NY?

changing a court order

The outcome of your New York divorce might include an order for spousal maintenance to be paid by one party to the other. The maintenance award will either be set for a certain period of time or for life, and the most popular option is for judges to award spousal support for a specific period…

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The complexities of a “gray divorce”

divorce

A gray divorce is typically defined as a divorce by parties aged 50 or older. Between 1990 and 2013 alone the number of gray divorces has doubled according to a February 8, 2015 article in the Sun Sentinel. This has presented diverse challenges for lawyers and financial planners as older couples have different needs in…

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Father gets overnight visits despite mother and daughter’s qualms

child custody lawyer with overnight child visits

Sometimes, parents do not have equal custody of their child or children. This may result from their schedules, their locations, or it may result from a decision regarding who would be the best parent to take care of the child or children provided that the parents have separated. The Administration for Child Services (ACS) can…

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Financial stability after divorce

balancing money after divorce

Divorces may be very pricey thus a person needs to do everything he or she can to ensure that he or she becomes financially stable once the divorce is over.  First, one needs to create a budget that he or she will try his or her best to follow, as reported by Fox Business in a…

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Understanding how marital assets are distributed

bronx equitable distribution lawyer

Under New York law, courts apply the Majauskas Formula to determine the post-divorce equitable distribution of benefits pensions. The formula, as the name implies, comes from a 1984 divorce case decided by the New York Court of Appeals. In the namesake case, Majauskas v. Majauskas, 61 N.Y.2d 481 (1984), the Court held that New York…

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Agreement about marital property not upheld

legal agreement

A man and woman signed an agreement at the Spanish Consulate in New York in front of the Consul. The agreement signed while the two signatories were married separated marital property according to the New York Law Journal on September 2, 2014. It stated that whoever had the title the property was its owner and…

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New York’s Equitable Distribution Law

divorce distribution

When spouses decide to end their marriage in divorce, a New York Supreme Court judge will rightfully try to divide the property between the couple. The goal of the court is to divide the property as fairly as possible, but that doesn’t mean that everything will be divided in half. New York is an equitable…

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Why is the Philippines the only country not to allow divorce?

divorce not permitted

The Philippines do not offer the option of divorce to the majority of its citizens. According to a January 19, 2015 article in Foreign Policy, that nation is the last country in the world that prohibits divorce. The reason for this prohibition is primarily religious. The country is heavily Catholic, and Christianity does not permit…

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New York Domestic Relations Law and Incest

New York’s law on domestic relations is codified in the Domestic Relations Law which consists of 16 Articles which are further divided into 272 Sections. Substantive Sections include Sections 5 through 61 (marriages and rights of spouses); Sections 71 through 78-A (child custody); Sections 80 through 85 (guardianship); Sections 109 through 117 (adoption); Sections 121…

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Financial tips for those going through a divorce

divorce and finances

Know your assets and liabilities In a divorce, both assets and liabilities are split up between the parties. That means that savings accounts and pensions can be split. If you owe money, say on a mortgage, then that debt may be split up. For this reason, it is important to be knowledgeable of your and…

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Social media, such as Facebook and Instagram, providing evidence in a large percentage of divorce cases

divorce and social media

There are constantly news stories claiming that social media networks, such as Facebook, are amassing large amounts of data. That means that their users are providing more information than before—status updates, photos, videos and more. Sometimes, this information is used in cases and trials. One law firm conducted a study of 200 of its divorce…

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New York State Domestic Relations Law summarized

Bronx Lawyer

The Domestic Relations Law is part of New York’s legal code. This part is often abbreviated, DRL. The DRL is composed of sixteen articles. These articles form the backbone of New York’s laws on marriage, divorce and family law. A summary of each article of the DRL follows. Article 1 The article gives the short…

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Medieval January divorce rush continues centuries later

love, divorce filings

To some in the legal industry there is something called the “January rush.” This rush is a general trend with many explanations. The January rush refers to the elevated number of divorce clients filing divorce in the first month of the year. Some people attribute this change to the December holiday season. Some couples who…

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Judge determines how much of family business a man owns in order to distribute marital assets

pizza business distributed in divorce

During a divorce, the matter of equitable distribution can be a very contentious issue. Equitable distribution is one way of saying “splitting marital property.” In a divorce, most items, including homes that were obtained during the course of the marriage are considered marital property. Inheritances or money awarded during an accident case are not considered…

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Court decides child will stay in US in international custody case

international flags for child custody

The mother of a child was granted custody of the child. The two live in the United States. Later, the father petitioned to get custody of the child according to an October 17, 2014 New York Law Journal article. He was allowed to bring this petition to court due to regulations from the Hague Convention…

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Why divorce for those aged 50+ can be hard, but not impossible

gray divorce

Divorce can prove challenging for some, but for those aged over 50, financial challenges may the biggest of all according to a new study conducted at Bowling Green State University as reported in an October 24, 2014 article in the Pittsburgh Post-Gazette. If someone is aged 50 or over, then they are probably close to…

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New York judge declares foreign prenup invalid

cancel pernup agreement

A prenuptial agreement, commonly referred to as a “prenup,” is an agreement between individuals before they marry. Typically, each party has his or her own lawyer and together; they create a contingency agreement that states what will happen to the couple’s property and assets should the couple decided to split up or get divorced. In…

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‘Divorce Hotel’ coming to a resort near you

divorce hotel

The Gideon Putnam Resort in Saratoga Springs, New York will be the newest “Divorce Hotel” according to the NY Post on September 4, 2014. While the hotel is a top wedding host, it will now add quick divorces to its list of amenities. The concept for a divorce hotel at the resort came from entrepreneur…

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How likely divorce is to spread

divorce attorney in Bronx

A recent study attempted to answer the question, “is divorce contagious?” The study looked at degrees of separation, according to an October 21, 2013 Pew Research Center article. One degree of separation includes your close friends and family members. Two degrees over separation includes friends of friends or family members. The study conducted by university…

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Real estate agents are now specializing in divorce home sales

divorce equitable distribution of marital residence

Equitable distribution of marital assets in a divorce can be a difficult challenge. This is especially true when there is real estate involved. In a divorce, the parties must split up their assets. If they have a marital residence, then there are a few options. Because that property has value, then they may choose to…

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Divorce and how it can impact children

divorce

While some married couples might feel that it is best to end their failed marriages, this might not be a good idea as it may adversely affect their children. Nine of the most common effects that divorce has on children are:  “smoking habits, Ritalin use, poor math and social skills, susceptibility to sickness, an increased…

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Study suggests short men get divorced less than their taller peers

divorce study

A recent study (PDF) conducted by New York University sociologists revealed many interesting facts about men’s height and their relationships. For example, for a variety of reasons, shorter men were less likely to get divorced. The study used data from 4,500 families between 1968 and 2011. The study found: There may be many reasons why tall men…

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How to respond when you find out that your spouse is gay

family law

When one finds out that his or her spouse is gay, this can be very surprising, life changing, challenging, and it can and will probably change everything as reported by the Huffington Post in a December 29, 2013 article. The person who was your life partner and the one person that you thought you  knew…

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In divorce case, child support amount was a big question

child support calculating

A divorce and family court case in which the wife was the plaintiff and the husband was the defendant went to trial in Queens County, New York over several issues, according to an April 17, 2014 New York Law Journal article. The interesting part of the decision in this trial was about the amount of…

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Challenges same-sex couples may face when seeking a divorce

same sex divorce

In New York, in order to get divorced at least one of the parties must have been a New York State resident and must currently be a resident. This regulation can create problems for same-sex couples who were married in New York but do not live there. This rule does not apply to getting married…

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I have been served divorce papers. Now what?

serve divorce papers

Being served with divorce papers can often be confusing, and often embarrassing.  The following months and in some cases years, can be long and emotionally difficult. Firstly, there are different types of service that may be made in a case. In the case of a divorce, personal service must be made, what this means is…

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