Blog Posts in March, 2015

  • 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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  • Adopcion Por El Segundo Padre: Un Paso Necesario Para Todos Los Padres LGBTQ En Nueva York

    Desde el 2011, las parejas del mismo sexo pueden contraer matrimonio en Nueva York. Sin embargo, lo que esto significa también es que pueden divorciarse en Nueva York. Mientras la Ley de Igualdad Marital permitió a los padres del mismo sexo registrar a ambos cónyuges en las actas de nacimiento de sus hijos, haciendo de los dos los padres legales bajo la ley de Nueva York, el hecho desafortunado es ...
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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 ...
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  • Cheating Doesn't Matter: Why Adultery Isn't the Best Grounds for Filing a Divorce in New York

    Often, the cause of a divorce can be tied to the most straightforward breaking of marriage vows: cheating. However, as much pain and anger an extramarital affair can cause, and as understandable as it is to want to file for divorce as a result, claiming cheating as the reason is not the best way to get out. Many New Yorkers are often surprised to learn that, although for a long time adultery was ...
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  • Student Loans and Divorce: Who Pays Them Back?

    New York is known for being a mecca of educational institutions. However, due to the rising costs of education, it is extremely common for many New Yorkers who have taken advantage of those opportunities to have student loan debt. In fact, the average US college graduate has $30,000 in student loans, and many people with graduate degrees have far more than that. Coupled with the state’s high cost ...
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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 ...
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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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  • When Circumstances Change: Factors Considered in Modifying Child Support

    A common issue for many divorce litigants in New York, both before and after a divorce is finalized, is paying or getting paid child support . Under New York law, child support is awarded based on the Child Support Standards Act, or CSSA, which provides a formula and guidelines. However, there are often change’s to a party’s income over time. When this shift is downward, it may have a significant ...
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  • Second Parent Adoptions: A Necessary Step for All LGBTQ Parents in New York

    As of 2011, same sex couples can get married in New York. However, what this also means is that same-sex couples can get divorced in New York. While the Marriage Equality Act allowed for same-sex parents to list both of them on their child’s birth certificates, making them both the legal parents under New York law, the unfortunate fact is that many states still do not legally recognize the ...
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