Peter L. Cedeño & Associates, P.C.
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March 2018 Archives

Interstate Child Custody Orders

What You Need to Know About Custody Orders Between States

Although it can be difficult, it is not uncommon for divorced or unmarried parents to live in separate states. This type of arrangement can be challenging when it comes to determining how joint custody of a child will work between the parents. However, before parents start to argue about which state the child will be living in, it is important to note that child custody orders that are valid in one state can be enforced in nearly every other state. A custodial parent can't just decide to grab the child and move to another state without first adhering to specific procedures that are designed to protect the best interest of the child.

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 judgment is crucial for all litigants. However, there is often a great deal of confusion about what property is "separate." Therefore, outlined below is a basic overview of what qualifies as separate property in a New York divorce.

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.

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