PRENUP OR PAY OUT: CONSIDER A PRENUPTIAL AGREEMENT BEFORE MARRYING
PRENUP OR PAYUP How does one take the financial risk out of marriage while maintaining a strong and loving relationship? Risk mitigation is a term most commonly used in business practices, which is also referred to as hedging your bets. For instance, when you are about to buy your forever home, you make sure that we […]
PRENUPTIAL AGREEMENTS ACROSS BORDERS
INTERNATIONAL PRENUPTIAL AGREEMENTS ACROSS BORDERS Here are some factors to consider while entering into a prenuptial agreement if you are negotiating the agreement out of the United States or abroad but wish to eventually enforce it in New York State. Many people ask whether a foreign prenuptial agreement will hold up in other states. A […]
Can I appeal a Child Custody Decision?
Can I appeal a Child Custody Decision? I am often asked whether my client should appeal their New York child custody decision. If you are in Family Court, or in Supreme Court, and if you have undergone an evidentiary custody trial, or fact-finding, the court will render a Final Decision which will later be settled […]
Prenuptial Agreements and Postnuptial Agreements: What you should know
What are things that should be included in a prenuptial or postnuptial agreement? The first thing that a prenuptial agreement (or “prenup”) should address is the protection of the pre-existing assets of the bride and groom. But there is so much more that can be and should be addressed in a prenuptial agreement which can protect against misunderstandings […]
What is a Postnuptual Agreement?
Many people do not know what a postnuptial agreement is and whether or not they should sign one. As a New York Divorce Lawyer located in Manhattan I must say that although I am capable of litigating divorces I find that the parties benefit from a more amicable approach to settling their marital issues. This is where a postnuptial […]
DO SAME SEX PARENTS HAVE EQUAL RIGHTS TO CHILD VISITATION AND CHILD CUSTODY?
DO SAME SEX PARENTS HAVE EQUAL RIGHTS TO CHILD VISITATION AND CHILD CUSTODY? Same sex parents who adopt the children of the marriage have equal rights to child visitation and child custody but what about if they are not married? Here there is a different standard of proof. It has been held that a nonbiological and non-adoptive […]
What do I have to do to prove my geographical relocation case?
I have not discussed geographical location of children because it is a complex area of law but I will deal with the main points in the context of my experience as a practitioner and the current state of the law as I understand it. Geographical location in the context of custody cases comes up often because this is a […]
Information and Defenses to Paternity and Orders of Filiation in Custody Matters in New York Family Court.
COURT SHOULD DISMISS PATERNITY PETITIONS ON GROUNDS OF ESTOPPEL AND BEST INTEREST OF THE CHILD It is well settled that although a Court may order genetic testing or genetic marker tests in cases involving custody of children. In order to to determine paternity of an alleged father, the Court may impose the defenses of equitable […]
Update on Second Department Case Impacting Degrees, Enhances Earnings Capacity Awards in New York Divorces by New York Divorce Attorney Lisa Beth Older
Lately, Courts in divorce actions in New York have started to reduce awards that have to do with enhanced earnings made from a non-titled spouse’s interest in a titled spouse’s degree, license or education from 50% share to 25%, especially if your New York Divorce Action is pending in the Second Department of New York […]
New York Divorce Lawyer Lisa Beth Older comments on a Court holding that the Death of a spouse does not negate the duly executed Stipulation of the parties entered into during a New York divorce while both parties were alive.
This decision will have serious consequences for relatives of the deceased spouse who will take from the will of the deceased spouse: The Court held as follows in the case of McKibben v Jenkin (41 AD3d 795 [Schmidt, Skelos, Lifson, Covello], lv dismissed 9 NY3d 955): In ac action for divorce the husband and wife had stipulated to […]