Recent Posts in Family Law Category

  • Social Media and Divorce

    Everything these days winds up in one social media context or another. People post pictures of their coffee to Instagram, Tweet their thoughts on a traffic jam, give detailed explanations about their dinner on Facebook, and more. While it is great to be able to connect so readily with friends and strangers all around the world, there are some matters that should not be shared so openly, especially ...
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  • New York Temporary Spousal Support Changes

    Sometimes you will hear a story about someone paying spousal support – also called spousal maintenance or alimony – to an ex-spouse for the rest of their foreseeable future. As bizarre or unfortunate as the circumstance may seem on the surface, it is actually a reality for many people. As long as an ex never remarries and cannot seemingly afford to live as comfortably as they did when they were ...
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  • Tax Ramifications of Divorce

    Getting a divorce in New York causes more than just emotional complication. After all, as a married couple, the people seeking a divorce presumably shared with one another more than just their feelings. Real property, bank accounts, credit and debit cards, children, pets, liabilities… When divorcing, there is much more to untangle than purely emotions. One major area that requires untangling is ...
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  • Foreign Divorces: Expanded

    It is not uncommon for married couples looking to dissolve of their marriage to seek a divorce in a country other than the United States. There are plenty of reasons why people might look elsewhere for a divorce: The husband or wife might originally hail from a foreign country; A party who is from a different country or speaks a different language might be more familiar or comfortable with a ...
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  • Family Court vs. Supreme Court in New York

    The distinction between Family Court and Supreme Court in New York is often blurred, leaving individuals dealing with a family law issue to wonder where exactly their case will be handled. While these courts do share authority over multiple issues, it is important to understand the difference between the two as it relates to your case. Perhaps the most notable difference is the jurisdiction of ...
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  • Four Way Conferences: Do's and Don'ts when Meeting with Your Ex and their Attorney

    Four Way Conferences: Do’s and Don’ts when Meeting with Your Ex and their Attorney At some point, in a contested divorce or other family matter (such as custody), the majority of litigants in New York can expect to attend what is called a “Four-Way” conference. This is a settlement conference where both parties and their lawyers or attorneys sit down and attempt to settle all or at least parts of ...
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  • Domestic Violence and Custody Under New York Law: What A Litigant Needs to Know

    For many New Yorkers, one of the biggest issues in a divorce or other separation is custody. Under New York law, there are numerous factors that the Court will consider under the “best interests of the child” standard. One of these factors, which can create numerous challenges, is whether domestic violence has taken place between the parents, or been committed by either parent against the children ...
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  • Attorney Peter Cedeño to Deliver Upcoming Continuing Legal Education Class

    On April 16, 2015, Attorney Peter Cedeño will be leading a Continuing Legal Education (CLE) seminar focused on divorce law and custody matters. This event is hosted by the New York Bar Association Family Law Section and will be held at the Executive Conference Center in New York City. Each attendee can earn a total of 7.0 credits from this seminar, even attorneys who are newly admitted. As a ...
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  • The Invalidity of a Foreign Divorce

    While certain states across the U.S. vary when it comes to divorce laws, you can certainly expect different countries to vary. That is why it is so important to ensure that your foreign divorce will be recognized as valid once you return to the states. If you are a New York resident and recently got a divorce overseas, you need to ensure that this marital dissolution is deemed valid by state ...
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  • What's Mine is Mine: Defining Separate Property Under New York Divorce Law

    One of the biggest questions in divorce litigation is often “who gets what?” Under New York law, when a couple gets divorced, the courts will utilize what is known as “Equitable Distribution” to divide up the parties’ martial property. Additionally, each party will get to keep their own “separate” property. Understanding what constitutes separate and marital property for the purposes of a divorce ...
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  • The Requirement to Pay Add-Ons for Child Support on a Proportional Basis Based on Income

    Child support can quickly become one of the most confusing and debated aspects of any divorce. Both parents want the best for their children, but at the same time, they want to ensure that they’re not paying more than they ultimately should be. While New York follows a specific algorithm when calculating these payments, things aren’t always as black and white as they seem. How is child support in ...
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  • When Your Spouse Hides Their Money: Red Flags and R.A.I.D.S

    A common issue in New York divorces that often results in particularly lengthy and brutal litigation is where there is a serious dispute over how much money someone is earning. Often, after a divorce is commenced, the supporting or monied spouse’s income suddenly takes a huge drop. They are claiming that they earn less. They can’t afford maintenance, they can’t afford child support. There are no ...
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  • When the Wedding Is Cancelled, Who Gets the Ring?

    While divorce is unfortunately all too common among New Yorkers, another issue that does not get discussed nearly as much is the financial impact of weddings that don’t end up taking place. While all for the best in the long run, there can be serious financial repercussions resulting from a broken engagement. In fact, this can be to the extent that the former fiancées each need to get a lawyer or ...
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