Recent Posts in Divorce Category

  • Requesting Temporary Exclusive Use of the Marital Home

    When one spouse files for divorce, it often inspires a stressful—and sometimes even hostile—household environment. To resolve this issue, both spouses can work with their individual legal representatives to petition the court for temporary possession of the family home. Unfortunately, New York courts usually only grant temporary occupancy to a single spouse if there is significant proof of ...
    Continue Reading
  • Dependency Exemptions & The Child Tax Credit Under the TCJA

    Making child custody and child support determinations is an integral aspect of the divorce process. Before spouses can legally part ways, they must first reach an agreement regarding related tax deductions and the child tax credit. Before 2018, parents could claim qualifying children as dependents on their tax returns, excluding up to $4,050 per dependent. By working with attorneys and divorce ...
    Continue Reading
  • What Happens to a Timeshare During Divorce?

    New York Is an Equitable Distribution State Equitable distribution is legal principle that refers to division property and finances based on the relative needs and contributions of both spouses. This means when couples in New York get divorced, state courts attempt to divide assets as fairly as possible, which rarely means a 50/50 split, though equal distribution is still possible in some cases. ...
    Continue Reading
  • New Tax Law's Effects on Alimony Deductions

    The new tax law eliminates the tax deduction for alimony payments, potentially making marriages an even more hotly contested and costly process, especially for lower-income couples. Although upper middle class and wealthy households can usually afford higher taxes on alimony payments, those with limited means—where a few hundred dollars per month (for a meal or a car payment) makes a difference in ...
    Continue Reading
  • What is a QDRO?

    If you are considering divorce, you are likely concerned about your financial state of affairs, especially regarding you and your spouse’s retirement plan. Perhaps one of the most important aspects of divorce, it is vital you do not forget to consider future pensions even if your divorce occurs years before you are ready to retire. If you do not ensure pensions or retirement funds are a part of ...
    Continue Reading
  • Military Pension Division: A Simple Explanation

    Couples that include a service member often have unique concerns to deal with when it comes to the law and their marriage. This is especially true in divorce. Our New York military divorce attorney wants you to be informed about what you’re potentially entitled to during a divorce from a service member. Read below for more information. The Basics of Military Pension Division After 20 years of ...
    Continue Reading
  • Divorce Mediation: Yes, Avoiding Court IS Possible

    What is Divorce Mediation? Divorce Mediation involves a series of meetings where the two divorcing spouses and the attorneys of Peter L. Cedeno & Associates sit around a table and discuss everything involved in getting a divorce. During the mediation sessions, our office will help walk the couple through their divorce. We will inform them of all of the necessary items they must tackle in order to ...
    Continue Reading
  • Forensic Experts in Child Custody Cases

    A child custody case is centered on the life of the child just as much as it is concerned with the lifestyles of the parents. In some ways, it could be argued that a child custody case is actually a parental control case. In order to get an accurate glimpse into family matters so intricately detailed and intentionally obscured, a forensic psychiatrist may be necessary. What is a Forensic ...
    Continue Reading
  • 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 ...
    Continue Reading
  • 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 ...
    Continue Reading
  • 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 ...
    Continue Reading
  • Statements of Net Worth - Listing Your "Income"

    One of the first things divorcing spouses will have to do when a divorce action is commenced is to exchange financial information with one another. Each spouse, with the help of their attorney, will have to fill out their own individual financial form called a Statement of Net Worth, or an Affidavit of Net Worth. What Is a Statement of Net Worth? On this form, parties must describe their entire ...
    Continue Reading
  • Talking to Your Kids About Divorce

    Whether it was your idea, your spouse’s decision, or a mutual agreement, going through a divorce is not going to be easy. If you share any children together, you can expect things to become even more difficult, especially when it comes to telling them the news. To help everyone get through this transition as easily as possible, always keep these suggestions in mind. Be honest: You should not try ...
    Continue Reading
  • Where & How Do I File for Divorce in New York?

    People looking to get divorced in New York often have no idea how to do so. Why would they? It’s unlikely something they’ve ever had to deal with. But it is important to understand the various requirements one must meet in order to file for divorce in New York State. There are also factors to consider that will affect the county in which a person chooses to file for divorce. In order to file for ...
    Continue Reading
  • 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 ...
    Continue Reading
  • Who gets what in our divorce? Marital Property vs. Separate Property

    When a couple decides to get divorced, one of their main concerns will typically be about the “things” – the physical items accumulated over time throughout a marriage, and also the non-tangible items. Couples who are married for long periods of time will inevitably have amassed all sorts of property together –furniture, antiques, photographs, cars, jewelry, electronics, property, inheritances, ...
    Continue Reading
  • Validation of Foreign Divorces in NY

    Given the advancements in family law, there is no longer a “one-size-fits-all” solution for divorce. In particular, foreign divorces have become increasingly common given that they can be cheaper and more quickly resolved. Before you jump the gun and pursue a foreign divorce, however, it is important to determine whether they are recognized in New York. The last thing you want is to waste valuable ...
    Continue Reading
  • Dating & Divorce: Do or Don't?

    When you’re in the midst of a divorce, it can feel like walking on eggshells. The delicate balance of preserving the peace while also fighting for what you want is difficult and many adults find themselves looking for an outlet to relieve this tension. Enter: dating. Pursuing an emotional connection on the side is harmless, right? Unfortunately, dating in the midst of a divorce often only makes ...
    Continue Reading
  • 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 ...
    Continue Reading
  • Traveling Abroad with Children After a Divorce: Tips and Pitfalls

    With summer approaching in New York, many parents have begun planning vacations for when their children are off from school. However, when the parents in question are in the middle of or previously were involved in divorce and/or custody litigation, traveling with children can be a complex issue. Specifically, traveling abroad with your child can be a challenge under New York law where the parents ...
    Continue Reading
  • Child Support Calculation

    The issue of child support is one that can only be worked out with an experienced New York divorce lawyer due to increasing legal complexities. When it comes to taking care of a child after divorce , thinking of your child's welfare should always be foremost on your mind. However, due to certain economic circumstances, you possibly have no choice but to seek child support from your former spouse. ...
    Continue Reading
  • Who Gets the Dog? Determining Pet Custody in a New York Divorce

    For many people, pets are like family members. For New Yorkers who are separating from a partner or are getting divorced, pets can create a lot of complications. Traditionally, New York courts treated pets like regular property, or chattel. In other words, no consideration was given beyond who bought the pet or who had received the pet as a gift. However, over the past couple of years, there has ...
    Continue Reading
  • Forensic Evaluations in a Custody Dispute

    Child custody orders are quite significant and have the power to shape a child’s entire future. With such a momentous decision on the line, emotions can quickly escalate, leading to a dispute between both parents. When this happens, the court may decide that a forensic evaluation is necessary and will enable them to make the most informed decision. Forensic evaluations are used to assess the ...
    Continue Reading
  • Child Support in New York: Where Income is Greater than the Cap

    Although the Child Support Standards Act is somewhat straightforward on how child support works in New York, whether the parties were never married or were / are getting divorced, one issue that frequently comes up in New York courts is where the parties’ combined income exceeds the CSSA “cap” or ceiling, which is currently $141,000 annually. New York City Is Expensive... Including Divorce ...
    Continue Reading
  • Visitation Rights Between a Spouse and Child

    If you're still deciding on which NYC divorce attorney you should go to in working out child custody issues, we're available here at Peter L. Cedeño & Associates P.C. as a dependable law firm. One factor that we know you'll be asking about is visitation rights and the complexities therein you can't solve without the aid of an experienced attorney. It's an issue with potential contentious ...
    Continue Reading
Page 1 of 3

"I absolutely recommend Peter Cedeño"

  • Please enter your name.
  • Please enter your email address.
    This isn't a valid email address.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please make a selection.
  • Please enter a message.