I am a big fan of alternative dispute resolution such as mediation and collaborative law. Lawyers in New York are guided by the Code of Professional Responsibility. When I am in my role as a mediator, however, I am not acting as a lawyer at that time. Although I am…
Trials and hearings, in New York divorces, can be on the topics of grounds, custody, support and equitable distribution. While the majority of cases settle prior to trial, many trials are still necessary on some or all of the issues. Although other hearings are possible, such as on contempt or…
The law in New York does contain reasons to deviate from the guidelines amount of child support. The Child Support Standards Act contains a formula, based on income, that dictates what the presumptive amount of child support should be in each particular case. The law also contains ten reasons that a…
This article is meant to provide some background about divorce and family law matters in the New York City borough of Queens, New York. As mentioned in prior blog entries, although the statutes are the same for everyone in New York State, there are different rules and procedures that change…
Separation agreements, pre-nuptial agreements, post-nuptial agreements, and stipulations of settlement may largely contain the same contents, and serve a lot of the same purposes, but vary in the timing that they are made. One purpose is invariably to define the respective rights of each marital partner in the event of…
Every location has different particularities that make handling family law and divorce cases somewhat different from County to County. The Domestic Relations Laws and Family Court Act is the same for everyone in New York, but different rules and procedures might apply from Judge to Judge, courtroom to courtroom, and…
The Long Island contingent of the New York Association of Collaborative Law Professionals has been making a push to start implementing streamlined protocols in order to further save time and expenses to divorcing couples that have chosen to work collaboratively. Collaborative law is an alternative to litigation, but unlike mediation,…
After agreeing upon the terms of a settlement in a divorce mediation, the drafting attorney usually will put together the settlement agreement. It might be in the form of a separation agreement or a stipulation of settlement. Since I am a New York City area, Suffolk County and Nassau County…
Each County has some particular nuances that make practicing divorce and family law a little different in each venue. Although most of the same laws are applicable throughout the state, besides differences in geography, each court, as well as each judge has their own rules and procedures. As a New…
In this blog I will attempt to outline some of the elements of common family offenses, which I have seen in my practice as a New York City and Long Island Order of Protection Lawyer. If a family offense is proven, it usually entitles the victim to an order of…