Many people assume that the only way to handle a divorce with a high-conflict partner is to buckle down for arollercoaster ride of litigation and court appearances. However, one point of view is that this just leads to additional conflict, and a lengthy divorce procedure that can cost a lot…
Long Island Family Law and Mediation Blog
Enforceability of Marital Agreements in New York Involving Jewish Law
New York has a history of having a concentrated population of Jewish people who observe Jewish law. Currently, observant Jews who want to be divorced must effectuate a divorce that is valid under both Jewish law and New York state law, or they can choose not to marry under secular law and…
Enforceability of Islamic Marriage Agreements in New York Made in Front of an Imam
Under Islamic law, marriage itself is a civil contract, and both spouses must have the legal ability to make a contract to create an enforceable marriage. Traditional Muslim marriage contracts include a provision called mahr. The mahr is automatically a wife’s separate property under Islamic law, and it supposed to…
Evictions of Family or an Adult Child in New York
In New York, parents owe an obligation to pay child support until their child is 21. The child support obligation is usually paid to the other parent. However, for other purposes such as child custody, children become adults at age 18. When a parent-child relationship breaks down, but there is…
Can You Make Secret Videos to Use in a New York Child Custody, Divorce or Family Law Case?
During a heated divorce or a child custody battle in New York, both parties may try to gather evidence against the other party. Several laws protect individuals’ rights to privacy, but there are certain gaps. The Federal Wiretapping Statute prohibits auditory wiretapping, but it doesn’t mention videotape surveillance. This means…
Recording Phone Conversations in New York for Use in Child Custody or Divorce
It can be tempting in the midst of a contentious divorce or child custody proceeding to record the other parent’s oryour spouse’s phone calls with a mistress or his/her conversation with his child. However, if the evidence you obtain was obtained illegally, you will not be able to use it…
No-fault Divorce and the Residency Requirement in New York
Residency requirements to obtain a divorce exist so that the person filing for divorce can’t simply choose the state with the laws they want, move to that state, and then sue for divorce. Those who move to New York without their spouses cannot immediately sue for divorce on the grounds that their…
How Do You Serve Process in Family Court Child Custody Cases?
When a custody case is brought to a New York family court, the law requires the papers to be served to the otherside, often in the form of a summons and petition. It is up to the parent that is filing the case to ensure that the other parent in…
Parent Education, Child Custody, Visitation and Parenting Time
Issues of parenting in child custody and visitation cases are often very complicated, as they consider a wide range offactors when determining the best interests of a child. After all, it is the responsibility of the New York court to ensure that their decisions regarding custody orders are made according…
Should There Be Overnight Visitation or Parenting Time on School Nights?
This blog article will discuss the pros and cons of overnight parenting time to the non-residential custodial parent onschool nights. Discovering a schedule for parenting time or child visitation that works for both parties involved in a divorce or child custody case, as well as the children in question can…