My mission is to help the wronged, unhappy or injured get what is fair and right. This is the initial draft of my “Why” as I discovered yesterday when doing an exercise at the annual training of the New York Association of Collaborative Professionals. The “Why” can be tweaked and…
There are various resources out there free on the internet which are useful in practicing New York family law. The New York statutes are one of the most important sources of information and are located in different places on the internet. As a Long Island Divorce Lawyer, family law attorney…
Marital assets, and debt, in New York generally are things that are acquired during the marriage that does not fall under the exception of separate property. Separate property, in general are things that a spouse entered the marriage with that was kept separate throughout the marriage. Property acquired by gifts…
Orders of protection can be issued by either the Family Court or the Supreme Court as part of a child custody case or divorce in New York. My previous blog articles concerning orders of protection in family law matters focused on the most common method that orders of protection cases…
I have previously discussed modifications of judgments of divorce. As a reminder, a modification does not erase the order that was made, but if there is an adequate change of circumstances under the law, a party to the case can change the order going forward in certain circumstances. But, can…
In a word, yes, drug tests can be ordered, but they do not have unfettered discretion to order tests at their whim. The cases in New York have held that when the physical and mental state of a parent is in question the New York Civil Practice Law and Rules…
Temporary orders of protection are issued by the Family Court (or the Supreme Court in divorce cases) and can last as long as a Family Offense case is pending in the court. Final orders of protection are those that are issued at the end of the case. Family Offense petitions…
For some litigation works, but many find litigation to be a frustrating process. Litigation can be a time consuming, expensive, emotionally draining process that is hard on any children of the family. Some cases settle relatively quickly after one, two or a few court appearances. Others find though, after being…
Whether a case is settled before it is filed, after some litigation, or a Judge decided it, at the conclusion of the case a number of documents must be prepared, signed and filed with the court in order for the divorce to be finalized. These same documents are required throughout…
Marital property is broadly defined, in the New York Domestic Relations Law, as all property obtained after the date of the marriage and prior to the signing of a separation agreement or the filing of a matrimonial case, without regard to the form that title is held, unless a proper…