Recent Posts in Family Law Category

  • Orders of Protection in Family Court

    If you are being abused by someone whom you are related or married to, you can apply for an order of protection in the family courts. In doing so, the abuser will not be able to commit certain acts against you, thus granting you a sense of security and safety against this person. Sometimes, violent situations arise, and you may need to obtain something in writing which ensures you and your family ...
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  • Adult Adoptions 101

    Adult Adoptions 101 In the state of New York, a person may choose to adopt someone over the age of 18 in order to grant them the same legal treatment a biological child would receive. Adult adoption may take place for a variety of reasons, like securing an inheritance, locking in legal rights, or acknowledging an existing parent-child relationship. The process can be exceedingly difficult, ...
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  • 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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  • New York's Automatic Temporary Restraining Orders

    “I am worried my spouse will withdraw money from our joint account when I tell him/her I want a divorce. Is that legal? How can I stop him/her from doing that?” Once you initiate an action for divorce and inform your spouse about it, there will be Automatic Orders (automatic temporary restraining orders) put in place that prevent you or your spouse from changing the status quo of any marital ...
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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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  • 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 DNA Doesn't Matter: Paternity by Estoppel

    Unfortunately, sometimes during family law litigation there can be a serious dispute regarding the paternity of one or more children involved in the case. Paternity can be significant because there are a number of crucial rights and obligations attached to being legally recognized as the father of a child. For the father, this includes the obligation to support the child(ren) until the age of 21 ...
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