In New York, in 2011 the legislature passed the Marriage Equality Act. This law gives same sex couples the right to get married in New York State. Under the law, out of state marriages for same sex couples are to be recognized in New York. Prior to the passage of the…
Relocations can be discussed and settled upon in child custody cases, mediations and collaborative divorce cases. What happens, however, if the parties (usually parents) do not agree on whether a parent should be allowed? As usual, the best interests of the children are used as the legal standard in New…
Divorce mediation, collaborative divorces and settlements in divorce litigations on Long Island, New York City and the rest of New York operate in the shadow of the law. What this means is that the law exists in the background but does not have to control the resolution of that particular…
A party to a divorce can change their last name back to a prior surname once the divorce is granted. There will be language in the Judgment of Divorce which either specifies the last name that can be resumed or that in general they may start to use whatever their…
Separation agreements or stipulations of settlement that come from divorce mediations or a collaborative divorce case are structured the same as a stipulation of settlement that emanates from a divorce litigation that was eventually settled. The differences between the three methods are in the process by which the agreements are…
Alimony is now known as maintenance in New York. “Pendente lite” (Latin for pending the litigation) maintenance, or temporary maintenance, is a legal term for the maintenance that is to be paid while a divorce case is ongoing. Pendente lite maintenance is different from durational or “permanent” maintenance which is…
Collaborative law is a process where couples, and their lawyers, agree to settle their differences without the courts or threatening to litigate. This is accomplished by everyone signing an agreement to work together in a cooperative or collaborative fashion, to iron out all the details that need to be settled…
Child custody in Long Island and New York, applies to children until they are eighteen years of age. Although eighteen is the age of majority in custody cases, child support continues in New York until age 21 for unemancipated children. The different types of custody situations are fairly uniform throughout…
Each case is unique, however, I am writing this blog entry to give people a broad outline of how a New York divorce litigation might proceed on Long Island, New York City or the surrounding areas based on what I know and have seen in my practice. A divorce case…
This is a question that many people need to answer when deciding whether to try mediation for their divorce. I have been practicing matrimonial and family law, for a number of years now as an attorney all around the area. I also handle Long Island Divorce Mediation at my office…