Can I withdraw my Divorce?
Can I withdraw a divorce case? This article is about parties who have filed for divorce but have changed their mind and now want to know whether they can withdraw their case in Supreme Court. The answer is it depends. Whenever you make an application to court it is considered a very formal application. You […]
Do I have to pay my spouse 50% of my Business?
Do I have to pay my spouse 50% of my business? This article has to do with updates as to New York Divorce Law and equitable Distribution of business interests. I will try to point out trends that I see in the case law in the various judicial districts and hope that it will provide […]
IS YOUR CHILD CUSTODY EVALUATION VALID IF CONDUCTED VIRTUALLY
If you are in a child custody battle and the parties were sent out to do a psychological evaluation during the pandemic you may have grounds to challenge that report. In order to determine whether an expert report can come into evidence the Court must weigh the reliability of that evidence before it can consider it. In […]
COUNSEL FEES AND EXPERT FEES IN DIVORCE OR CUSTODY MATTER IN NEW YORK
COUNSEL FEES AND EXPERT FEES IN DIVORCE OR CUSTODY MATTER IN NEW YORK The behavior of the parties in a New York divorce or child custody matter will affect an award of counsel fees, if an application is made by either party, Normally the monied spouse will pay the majority of the other party’s expenses but there […]
NEW CHILD SUPPORT LAW POSSIBLY PROVIDING ADDITIONAL SUPPORT FOR ADULT CHILDREN THROUGH AGE TWENTY SIX
NEW LEGISLATION AFECTING CHILD SUPPORT On October 8, 2021, the Domestic Relations Act was amended to provide possible support for adult children through age 26. See DRL, Chapter 437 of the Laws of 2021) Also, the Family Court Act added a like provision in its Section 413-b. Both provisions provide possibilities for petitions for continued child […]
NEW YORK EQUITABLE DISTRIBUTION LAWS AS AMENDED
CHANGES IN EQUITABLE DISTRIBUTION ANIMALS AND EQUITABLE DISTRIBTION There have been exciting New Developments in Equitable Distribution law in New York. The latest factors include the impact of domestic violence on distribution of marital property and the distribution, so to speak of domestic companion animals. The factors for EQUITABLE DISTRIBUTION are as long as they are […]
Family Law and Estate Planning
Estate planning and Family Law Whether you are getting a divorce or staying married, every party should seek the advise of an estate planning lawyer because it can have significant tax consequences for you There are several considerations that your New York Divorce lawyer should take into account and often times that involves estate planning and referrals […]
Can a Party Modify a prior Custody and Visitation Order or Agreement
A parent can move to modify a prior order of custody and visitation upon a showing of a change in circumstances and that a change in said Order would be in the children’s best interests. In the 2020 case of Matter of Epstein v Soler-Epstein, cited as 188 AD3d 1052 the Supreme Court Appellate Division, Second Department, […]
CHILD CUSTODY HIGHLIGHTS IN NEW YORK
Child custody and visitation in New York is an area of law that requires an attorney that understands the importance of the day to day life of the party and children while litigating custody and visitation. The difference between litigating a custody case, successfully, and losing a custody case depends upon how you navigate the […]
Geographical Relocation Cases involving Child Custody
Geographical Relocation Cases involving Child Custody At some point in time a divorced couple or a party to a Child Custody Order may run into the problem of having to relocate the subject children to another location and cannot gain the consent of the other parent. Geographical Relocation cases vary, they are tough going, and it often […]