New Laws Affecting New York Divorce, New York Child Custody and New York Child Support Orders
MILITARY DIVORCES AND CUSTODIAL ORDERS If you are going through a divorce in New York State or a divorce in New York City, you may want to consider the latest laws affecting child custody adn child support. If you are a military parent and plan on returning home soon you may want to know that […]
The Potential of New York Courts to make new law that will impact upon the court’s future decisions to recognize Gay Marriage in New York
We do not recognize gay marriage in New York unless the gay marriage occurred elsewhere in another state. That said, the law is moving in a new direction. In the case of “Court of Appeals of New York, in the Matter of H.M. (Anonymous), Appellant, v E.T. (Anonymous), Respondent, on May 4, 2010, the highest Court moves in that […]
DO YOU WANT TO MOVE TO A DIFFERENT STATE?
CPLR Section 302 B tells spouses in New York whether New York has the power to adjudicate their divorce when one or both members of the family move to another state. Do you want to move to move to a different state with your children but your ex spiuse does nto want you to leave […]
What will happen in Divorce Court?
This is a very generalized statement for educational purposes only as to what a divorce looks like if the parties are contesting the divorce. This guideline set forth below under New York State Law is what you might expect to see but no guarantees are to be read into this article as litigation is hazardous for both […]
Can I file for Divorce in New York State if I just moved here?
I have lived in New York for less than one year. Can I file for divorce in New York? In New York you can only count on certain residential requirements before filing an action for divorce. They are specific and set forth in the Domestic Relations Law. You are permitted to bring a divorce action […]
Must I sue for custody?
MUST I SUE FOR CUSTODY? Many of my clients do not understand that in order to get a divorce judgment the parties must first settle their issues of child custody. That means when you commence an action for divorce you must include in the Wherefore clause a request for custody. In doing so that does […]
Can I apply for Custody?
Can I apply for child custody? There are many things you need to know before you can apply for child custody in New York. For one, a court must have the power to adjudicate your case. We call that “jurisdiction”. This is a complex idea of law that involves many factors but the initial inquiry is […]
Family Offense
Family Offense Proceedings are difficult because it means filing a petition against a family member or intimate partner when you have been the victim of a crime perpetrated against you. The results you want to achieve from filing a Family Offense petition is an Order of Protection. You generally go to Family Court for relief […]
CHANGES IN DIVORCE LAW
CHANGES IN DIVORCE LAW As 2019 rapidly approaches, I thought it would be a good time to revisit changes to the law and be sure the proposed papers necessary to get a divorce judgment are up to date and contain the proper language. Another change was put into effect by Administrative Order that revised forms having […]
DO I NEED A LAWYER IN FAMILY COURT
DO I NEED A LAWYER IN FAMILY COURT? It is not required that you retain a NY divorce lawyer or NY Family Law Lawyer to go to Family Court or to prosecute your divorce in Supreme Court in a New York Divorce Case, but here is why it is advisable to do so. Family Court is user friendly if you think […]