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The decisions regarding the care of your children should not be left up to chance. Make sure your parenting rights are protected with experienced matrimonial law attorneys on your side. The law offices of Vivien I. Stark, P.C. have over 30 years of experience in divorce and family law in New York City and the surrounding areas.
While the concept of alimony has been around for a very long time, it can sometimes be difficult for a spouse who has worked hard in a supporting role to get the assistance they deserve, and other times a party is at risk for being ordered to overpay maintenance.
Divorce is a process, and that process starts as soon as you have been served with a divorce summons. A divorce summons, formally called a “Summons with Notice” or Summons and Complaint” is an official, legal notification that your spouse has filed for divorce.
Whether your divorce is uncontested and you are preparing a marital settlement agreement or you need legal guidance in the case of a contested divorce, it helps to understand how the courts see marital versus separate property.
Think of a marital settlement agreement as a valuable tool that allows you and your spouse to decide how you want to split your marital property, rather than having the judge decide for you. It also means that you are agreeing to an uncontested divorce, which is less costly both emotionally and financially than a contentious divorce.
In a divorce, a parenting plan is a document that helps address not only the day-to-day issues of raising a child, but also those “big-picture” items. Like the calendar on the fridge, it helps reassure children that their parents are on top of their needs.
Your divorce lawyer is going to be your resource, your sounding board and your advocate. As such, you need to find somebody with whom you feel comfortable. Your friends may make recommendations, but remember that what worked for them (or their friend, brother or cousin) may not be the right choice for you.
When children are involved in a divorce, there is an obligation to ensure that they are financially taken care of until they are 21 (or under 21 if they are in the military, married, or otherwise self-supporting, or if they have left the home). That obligation is child support. However, when there is “substantial change” in circumstances, a modification of child support may be warranted.
The Tax Cuts and Jobs Act of 2017, signed into law by President Trump on December 22, 2017, includes a change that will have a big effect on divorcing parties in the coming year.
On September 28, 2017, the Landord Tenant Part of the District Court, Nassau County, issued a decision staying a holdover action pending the resolution of a related divorce currently pending before the Supreme Court, because the property in question was potentially marital property subject to equitable distribution.