As much as you may want to protect your kids by keeping their world simple and easy to navigate, the fact is that at some point, you or your former spouse are likely to meet someone, and the kids will have to learn to accept these new relationships. It’s not likely that you’ll convince a […]
Monthly Archives: May 2014
Negotiating the disposition of a jointly owned business has significant financial, tax, and career implications for both spouses. We’ve helped clients approach business interests in a variety of ways, from continuing forward as co-owners, to buyouts of one party, to complete liquidation, among other options available. There are also considerations when it comes to children […]
Failure to comply with court orders is very serious, and failure to comply with court ordered child support is even more serious still. Any violation of a court order can result in a criminal contempt charge in New York, but when a spouse gets behind on child support payments, the court’s actions can be swift […]
Yes, your spouse will have to be personally served. Use of a process server is advised, as the server will then file the necessary affidavit of service that allows you to move forward if your spouse doesn’t respond. If the server can’t locate your spouse, we will pursue other approaches, like asking the court to […]
Usually it’s considered marital property. Marital property is understood by New York courts as all income, assets, and debts acquired during the marriage, whether with joint funds or separate funds. It doesn’t matter whether your name alone is on the deed or title, odds are very high that the judge will consider the property to […]
There’s a lot of confusion around this point, but the answer is a resounding no. You do not have to provide financial records to your ex, or account for how you spend child support money. Courts would be endlessly clogged if they allowed former spouses to “audit” the spending of support or maintenance payments for […]
No, changing the locks or otherwise impeding your spouse’s access to their home is illegal without the court’s consent. Except in cases where domestic violence poses a risk to your safety, the judge won’t authorize you to simply kick your spouse out and force them to find lodging or sleep on the street. What needs […]
In the modern economy, it’s perfectly normal to move where the jobs are, and it’s relatively straightforward in most cases to make a persuasive argument to a Family Court judge that the best interests of the child is where you are able to maximize your earnings. If your current job wants to transfer you out […]
The disposition of the marital residence is a matter that has to be negotiated between the parties. We often see cases where the divorcing couple agrees to protect their children from the stresses of divorce by allowing the custodial parent to retain the home, keeping the kids in the schools they know and close to […]
All of our clients want to have a sense that their divorce process will be over as quickly as possible, but especially once the issues have been negotiated and your final agreement has been submitted to the court. Unfortunately, what happens from that point is out of our hands, and it’s not unusual for several […]