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Common-Law Marriages in NY

January 28, 2020
Common-law marriage is the concept that if a couple lives together for long enough (some say seven years, although the defined amount of time varies from state or state or is not defined), they are automatically considered legally married and should be treated as such for tax purposes, next-of-kin situations, inheritance, and other legal...
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Grandparents’ Rights in NY

January 16, 2020
Child custody and visitation cases have a reputation for causing drama and contention. In an age where the stereotypical family model of a two-parent household is hardly the norm anymore, there may be a number of adult figures that have an interest in contributing to a child’s wellbeing. If you are a grandparent in...
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5 Financial Mistakes to Avoid During NY Divorce

December 31, 2019
Sometimes the best decision that can be made in a relationship is to end it. If you and your spouse have decided to get a divorce, you will be faced with decisions that have the potential to affect your financial security. Here are five common financial mistakes made during divorce, and how to avoid...
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Explaining Divorce to Children

December 17, 2019
Nobody begins a relationship expecting it to end in divorce. Unfortunately, even when both people in a marriage have good intentions, relationships do not always work out. As adults we understand the compatibility issues, financial troubles, and disagreements that may ultimately lead a couple to divorce, but a child is usually left wondering what...
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Do I need a lawyer for my postnuptial agreement?

December 12, 2019
In S.B. v. B.B., N.Y.L.J., November 22, 2019 (Sup.Ct. Nassau Cty, November 6, 2019) the Nassau County Supreme Court determined a postnuptial agreement was invalid due to being unconscionable and unreasonable. The parties married in 2004 and in 2008 the wife signed a postnuptial agreement prepared by her husband’s attorney. The husband did not...
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Child’s Refusal to Follow Court Order Was Insufficient to Deny Parenting Time

December 9, 2019
In Matter of Emanuel J. v Zielka K., 2019 N.Y. Misc. LEXIS 5624, 2019 NY Slip Op 51667(U), 65 Misc. 3d 1217(A), 2019 WL 5408460, the parties were granted joint custody, with the mother having primary residential custody and the father having visitation. In 2017, the father filed a petition to modify and enforce...
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Four Ways You Can Lose Custody of a Child

December 3, 2019
Although New York’s courts are not eager to strip custody rights from a parent, they have an obligation to ensure the safety and well-being of children. If you and your co-parent have a set custody arrangement you are likely already aware of the behaviors that will result in loss of custody. While some of...
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People you Should Have on Your Divorce Team

November 26, 2019
Divorce is a complicated process that can seep into every aspect of your life. Even when a split between two people is amicable, complexities may arise that are just too difficult to handle on your own. When taking into consideration any shared property and assets, and especially your children, it is prudent to seek...
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