Recent Posts in Divorce Category

  • 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 ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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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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  • 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 ...
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  • 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 ...
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  • 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 ...
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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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  • 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, ...
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  • 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 ...
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  • 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 ...
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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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  • 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 ...
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  • 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. ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • Divorce By FaceBook

    A divorce is always difficult, but it's compounded when one spouse is dead set on being uncooperative. People get angry and they get combative. So, what happens when one party decides the best course of action is no action, as is not responding to requests and completely disappearing? One New York judge may have just ushered in a new era of divorce proceedings. Ellanora Baidoo and Victor Sena ...
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  • A Matter of Faith: How Religion Impacts Custody During and After Divorce in NY

    Although religion might not be a major concern during the course of a marriage, it can become the center of a major custody battle during not only divorce ligation, but years after a judgment has been finalized. Disputes over what religion to raise a couple’s children can even sometimes result in divorce. The religious background and upbringing of your child can have a major influence on their ...
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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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