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Do I Need a Legal Separation Before Divorcing in New York? New York is one of several states that recognizes and grants legal separations to married couples. A legal separation is not a divorce, but many of the issues you would resolve in a divorce are also addressed in legal separations, such as equitable...

Emancipation of a minor child can be obtained by court order if and when a child becomes financially self-sufficient, no longer lives with his or her parents, and/or is no longer under parental guidance or control. There are many reasons a minor may seek legal emancipation, including the following: Making a considerable income and...

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...

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...

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...

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...

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...

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...