It’s very important that you do. Not only does the court frown on any appearance that you’re disobeying its orders – in fact, you can lose custody if you violate court orders for visitation – but it’s important that your children know that even after a divorce, they remain part of a family that is […]
Daily Archives: March 7, 2014
If you and your spouse have established a college savings plan for your child, that account will be treated as an asset subject to equitable distribution. In other words, whether you’ve opened a special savings account or created a tax-preferred 529 plan to pay into, at the time of the divorce, the monies will go […]
You do, but if your children are consistently reluctant to attend visitation or avoid it altogether, you may have grounds for an enforcement action of the custody agreement. Your ex-spouse has an obligation to uphold the terms of your agreements, and if it appears that they are influencing your children not to see you, there’s […]
No, assets you owned before the marriage are considered “separate assets.” New York law distinguishes “marital assets” from “separate assets” in divorce. Equitable distribution rules apply only to marital assets, which means that property you brought into the marriage is most likely secure. . It does sometimes come up that a spouse can show that […]
In Rochester, legally, you can’t force your spouse out, so don’t call the locksmith to change the locks while they’re at work. If you believe your safety is in jeopardy and the court agrees there is a threat of violence, the judge can remove your spouse, but that’s rare. The best way to get your […]