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 […]
National Senior Health & Fitness Day Fair on Wednesday, May 28, 2014 from 11 AM-2 PM at the Akron-Newstead Senior Center, 5691 Cummings Road, Akron, New York will provide the following absolutely free: Seminars by five speakers. Beth Nicastro, RN and Women’s Health Educator/Community Coordinator WomenCare for Catholic Health System will speak about diabetes. Leanne […]
This is a common issue for clients, and it’s actually a major problem if behavior designed to alienate a child from the other parent continues. New York courts strongly object to the custodial parent, or the people close to them, creating prejudice against the other parent. Judges have gone so far as to reverse a […]
Adultery means less in divorce than it once did. Nationwide, and in New York, the movement in matrimonial law over the last few decades has been to make the divorce process less adversarial, less fault-driven, and more fair and predictable. The days of a spouse’s adultery causing financial ruin for them in divorce court are […]
Yes, even when you are the lower earning parent and don’t have custody, the court expects you to contribute to the care and feeding of your child. The state’s child support formula provides a guideline for how much you should try to pay, but if your situation calls for a different arrangement, and your spouse […]
During the discovery process, both spouses’ attorneys carefully examine the financial records of the other side. This information forms the basis of the settlement offers and negotiations. Attorneys will also be scouring the records to look for the telltale signs of missing cash or assets, which spouses will sometimes try to hide in order to […]
The preliminary conference is designed to give the judge and the two parties in a divorce action a clear understanding of what issues are agreed upon and what issues will require further negotiation or supervision from the court. Based on the discussions in the preliminary conference, the judge may decide that any minor children require […]
Not without the court’s approval. When New York Family Court hears cases about relocation with children after a divorce, it weighs various factors to determine which option is in the best interest of the child. Maintaining a close and loving relationship with their other parent will be one element the court evaluates, but that doesn’t […]
No, your spouse has no claim to a home you purchased before you were married, and you won’t be forced to sell it and share the proceeds as part of the divorce settlement. New York applies its equitable distribution rules only to marital assets, which are property, savings, debts, and other instruments that were acquired […]