5 Financial Mistakes to Avoid During NY Divorce
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
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?
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
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
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
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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What Happens When Child Support is Not Paid in New York?
Unfortunately, relationships do not always work out. When a couple decides to end their relationship, complications may arise – especially when there are children involved. However, whether a child’s parents get along or not, both parents are expected to support the child in New York. In this article, we will review what happens when...
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Despite Allegations of Domestic Violence, Sole Custody Awarded to Father
The court decides matters of custody based on what will be in the child’s best interest. In Jarvis v. Lashley, 169 AD3d 1043 [2d Dept 2019], two unmarried people had a child. The relationship ended and the mother moved out of state with the child for three months. The mother then left the state...
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