Blog Posts in 2014

  • Pre-Nups: Is Getting One Right for You?

    Although planning a wedding can be one of the happiest times in many people's lives, the fact remains that those getting married in New York City face a unique set of circumstances: a later average age of marriage (early 30's) and a divorce rate that is several times higher than most of the nation. Although no one wants to think of their marriage ending in divorce before it even begins, a ...
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  • A Father's Parenting Time Rights in New York

    In New York, fathers are now given equal consideration as mothers in child custody matters. Ideally, divorcing parents will reach a child custody agreement on their own but if that is not feasible, a judge will decide based on the best interests of the children. If you are a father who is headed for divorce , you may be concerned about your rights to your children, or at the very least, curious. ...
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  • The Legal Process of Adoption: Some FAQ's

    Adopting a child is one of the most wonderful things that a family can do. However, prospective parents often find the adoption laws and process in New York City to be intimidating. While adoption is one of the more complex aspects of Family Law in New York, when broken down, prospective adoptive parents can gain a much better understanding of the legal steps and options involved. 1. What Sources ...
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  • Special Immigrant Juvenile Status: A Pathway to Citizenship for Undocumented Children through the New York Family Court

    One of the big issues in New York Family Law centers around immigration. It is very common for relatives in the United States—siblings, aunts, uncles, cousins, grandparents—to want to help bring over those they love. In many recent cases, the person they want to bring over is a child. However, coming to the United States is not easy and options for bringing over a younger loved one can be limited. ...
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  • Five Ways to Prepare for Your Adoption

    For those who are considering adoption , it is one of the most exciting and monumental decisions that you'll ever make. Such a decision involves a lot of smaller choices that you'll have to make along the way. From selecting a country to preparing your home and your family, the road to adoption is a long way and it helps to be prepared. Here you'll find five of the best ways to prepare for your ...
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  • Divorce and the Holidays: A Survival Guide

    One of the most challenging aspects of life post separation and divorce is managing the time each parent has with their children. However, during the holiday season, this stress can increase significantly. For many parents, the holidays are about more than just the time together itself. The holidays involve religious and family traditions, and large gatherings spent with extended relatives. ...
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  • Redefining Family: Marriage Equality in New York

    On July 24, 2011, history was made in the state of New York, when the Marriage Equality Act was passed by the New York Legislature, allowing for the legalization of same-sex marriages in the state. Religious organizations can refuse to conduct or recognize these marriages, under The Marriage Equality Act of 2011. The law does not allow for any penalties to be taken against the religious groups. ...
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  • Uncontested vs. Contested Divorce in New York

    Regardless of the kind of divorce you're headed towards, there are several key issues that you and your spouse will need to settle before it's final. The way that these issues are handled makes a divorce either contested or uncontested – essentially, rife with conflict or not. Sometimes, couples attempt to work together but find that there are conflicts brewing beneath the surface and are ...
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  • Child Support Obligation Add-Ons: The Main Points You Need to Know

    When it comes to child support , absent another agreement by the parties, the amount of support required from each parent is dictated by the Child Support Standards Act, or CSSA. The act takes the combined gross income from both parents, minus specific statutory deductions, up to $141,000, and determines what percentage each parent owes based on the percentage of the total that their income ...
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  • The Ins and Outs of No-Fault Divorces

    Prior to 2012, New York law made it extremely difficult to residents to successfully file for divorce . The state required that all couples file on fault-based grounds, such as inhumane treatment, abandonment, adultery, or imprisonment. Fortunately, the Empire State has caught up with the times and now allows for no-fault divorce. Contrary to what many believe, a no-fault divorce is different than ...
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  • New Spouse, Old Obligations: How Maintenance and Child Support can be Financially Impacted by Remarriage

    Although divorce can be an extremely difficult ordeal, many people are lucky enough to find someone new to share their lives with. Many people today enter new romantic relationships and get remarried. However, as wonderful as a second marriage can be, there are a number of financial issues on which, even years later, divorce can have a substantial impact. Therefore, it is important to be aware of ...
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  • Seeking Custody? A Guide on Do's and Don'ts

    In New York, custody and visitation are based on a "best interests of the child" analysis. Therefore, it is extremely important, as a parent seeking custody or visitation, to act in a way that conveys you have your child or children's best interests at heart. Listed below are several behaviors that you must, or, in other cases, should never, engage in during custody litigation. DO: Everything In ...
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  • Grandparents: What Are Their Rights in New York?

    For many of us, family goes beyond our parents, siblings, and children. It extends to aunts, uncles, cousins, and, significantly, grandparents. There is no question that grandparents often play an extremely important role in the happiness and development of their grandchildren. They provide love, guidance, and, in many cases, care. Some grandparents go above and beyond that, stepping into the role ...
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  • Terminating Child Support: What is an "Emancipating Event?"

    Although many issues are addressed during divorce litigation, there are often questions that come up after an agreement has been reached. One of the most common issues is when a parent no longer has to pay child support . Typically, a parent ceases to be responsible for support payments upon what is known as the emancipation of the child. Under NY law, this is when a child reaches 21 years of age. ...
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  • Not All Battles are Fought in the Courtroom: When Divorce Goes Online

    Since the beginning of divorce in society, there have always been those seeking to keep the entire process as private as possible. Similarly, there are just as many parties who want the world to know everything, from the distribution of assets to custody arrangements to their ex-spouses darkest actions and character traits, both real and imagined. Sometimes this can be as simple as one person ...
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