No matter how amicable or contentious a divorce case was, issues can arise after judgment that can be dealt with in the Supreme Court. As a Nassau County Divorce Lawyer, I frequently defend against or bring applications in the Family Courts in Long Island, New York City and the surrounding…
People are free to make arrangements in their settlement agreements concerning the circumstances that would allow for child support to be changed as time moves on from their last child support order. Absent an agreement, however there are two different methods to try to change child support. The first, which…
An uncontested divorce means that every possible issue necessary to settle the divorce is agreed upon. There are different processes available to settle all the issues. Kitchen table discussions between couples is always available, divorce mediation, collaborative law, four way meetings with counsel and clients, and attorney negotiations are some…
Pendente lite motions are requests made by a party to litigated divorce cases to ask the Court to grant certain relief while the case is ongoing. Pendente lite is latin for “while the action is pending.” Pendente lite orders are not intended to settle the divorce in its entirety as…
If your spouse refuses to go to divorce mediation or collaborative law, then the question is already answered since mediation and collaborative law are both voluntary processes. You still can get a divorce, but the process will be under the traditional adversarial litigation model. Some cases under the traditional approach…
Custody trials can be a challenging part of a divorce or post-judgment divorce case in the Supreme Court where there is a disagreement over the custody and parenting time of a child. A custody and visitation (parenting time) case can also proceed to trial in the Family Court. Although the…
Forensics are ordered in custody and parenting time cases by the New York Family Courts and Supreme Court when there are disputes about the custody and/or visitation (parenting time) of minor children. The custody dispute might be part of a divorce or can be a part of a case when…
Appeals from decisions of the Supreme Court in a divorce or appeals from Family Court orders in New York are challenging. It is very important to properly serve and file the right documents, according to the deadlines in order for your appeal to be able to proceed. It is always…
The law in New York for the division of marital assets in a divorce is equitable distribution. Equitable distribution does not necessarily mean equal, although that is usually the starting point, it means what is fair. The job of your New York City, Long Island or Nassau County Divorce Lawyer…
Parents have a duty to support their children, in New York, until the age of 21 unless they are sooner emancipated. The doctrine of constructive emancipation has been developed by the Child Support Standards Act and corresponding case law in New York. Children can be emancipated because they get married…