Blog Posts in January, 2015

  • Who Pays for College After a Divorce? It Depends on How You Draft

    Although many parents consider child support a major part of divorce litigation and settlement, many of them forget what is often one of the greatest expenses involving children: paying for college. For New Yorkers, such an oversight can be extremely costly. How NY Courts Decide Which Parent Pays Tuition New York courts have a "child-friendly" view when it comes to parents being responsible for ...
    Continue Reading
  • Settlement Agreements: What to Include-A Basic Overview

    It's always a great thing when two people getting divorced can reach an agreement regarding the issues in their case. This is especially true in New York City, where full litigation of all a divorce's issues in court can take not only months, but sometimes years. A settlement agreement that is negotiated by the parties and their attorneys can save a lot of time, stress, and expense. However, it is ...
    Continue Reading
  • Mediation: What is it and When is it Right for You?

    As many would-be and current litigants know, divorce in New York can be extremely time consuming and expensive. One alternate but increasingly popular method for resolving divorce cases is mediation, a process that, when fully embraced, can save time and costs to a great extent, in addition to being less acrimonious. Mediation is a process where each party sits down with a certified mediator who ...
    Continue Reading
  • How New York Handles A Spouse Taking or Hiding Property from the Marital Estate

    Unfortunately, as much as divorce can be an emotional conflict, many of the issues in matrimonial litigation are financially driven as well. One of the greatest concerns during the course of divorce litigation is where one or both of the parties tries to transfer, hide, or encumber assets so that their soon to be ex-spouse cannot access or utilize them. Other times, a party is irresponsible and ...
    Continue Reading
  • Consequences of Not Paying Child Support

    When the parents of a child are no longer together, the court will make determinations about the child's care, including which parent the child lives with and the amount of support the other parent pays to help contribute to the child's upbringing. While the amount of the child support can be negotiated, the final decision of the court is legally enforceable. Neglecting to pay child support is not ...
    Continue Reading
  • Awarding Maintenance in New York: A Basic Framework for Those Getting Divorced

    Under New York law, parties in a divorce are often entitled maintenance from their former or soon to be former spouse. The payor spouse is the wealthier or "monied" party, and the payee spouse is the "less monied" party. While many New Yorkers seeking a divorce know that much, they may not know there is more than one type of maintenance, and that the purpose and standards used to determine the ...
    Continue Reading
  • Divorce & Legal Fees: Who Pays?

    A question often asked by divorce litigants in New York is whether or not one spouse will be responsible for the other's legal fees. Under New York law, the spouse who has more income and/or resources (the "monied" spouse) is required to assist the less-monied spouse with their counsel fees. This is in order to level the playing field, so that the spouse with more funds can't take advantage of the ...
    Continue Reading
  • Marital Agreements: The Elements of Enforceability

    Often, it is difficult enough for an engaged couple to determine whether or not to execute a pre or post nuptial agreement with respect to their finances and estates. Since New York City has higher divorce rates than most of the country, a New York couple is, unfortunately, far more likely to have to use their agreement. Therefore, it's even more crucial that any marital agreement executed be ...
    Continue Reading
Page 1 of 1

"I absolutely recommend Peter Cedeño"

  • Please enter your name.
  • Please enter your email address.
    This isn't a valid email address.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please make a selection.
  • Please enter a message.