During a separation or divorce mediation in New York, couples are expected to honestly disclose their assets. Dishonesty during this process can result in a case being set aside. In the 2015 case Moore v. Moore, an ex-husband tried to subpoena financial records from his ex-wife so that he could…
When making custody determinations, a court is likely to consider whether a custodial parent is likely to encourage the child’s relationship with the noncustodial parent. It is considered in a child’s best interests to have a relationship with both parents. This means that a court will not look favorably upon…
In some cases, divorce mediation can be the best solution for a couple who want to find an amicable way inwhich to end their relationship. It allows individuals the opportunity to settle disputes that typically arise in the instance of divorce, outside of the discomfort of a court-room setting, and…
New York Domestic Relations Law § 236 (B)(3) sets forth that prenuptial and postnuptial agreements are valid and enforceable if they are in writing, the parties subscribe to them, and they are proven in the way required to entitle a deed to be recorded. The difference between these types of…
During a divorce in New York, there are a number of subjective steps that may be taken to pursue the best interests of a specific party. However, at the same time, the presence of the New YorkDomestic Relations Law in any divorce taking place throughout New York and Long Island…
Restraining Orders for protection of a person in New York Family Law are called Orders of Protection. It’shelpful to know the proper legal names under each state of what it is people are seeking. Restraining order and orders of protection (aka protective orders), for example, can mean different things. Orders…
In cases of paternity in New York, a child that was born during marriage is legally presumed to be abiological product of that marriage, and this presumption historically was one of the most persuasive in law. However, it’s important to note that this presumption is still subject to the sway…
In the courts of New York and Long Island, as well as legal institutions throughout the world, it’s notuncommon for legal terminology to leave parents confused when it comes to matters of custody. Indeed, in some cases, parents or guardians may be left feeling uncertain about the level of custody…
In Suarez v. Williams, the New York Court of Appeals, the highest court in New York state, very recently considered a child custody dispute between a child’s mother and paternal grandparents. The child in question had lived with his paternal grandparents between the ages of 10 days old and nearly 10…
There are different ways to handle a divorce in New York, including mediation, litigation, and collaborative divorce. How the divorce is handled can substantially affect the outcome and cost, but there are pros and cons to each approach. Divorce mediation is a popular form of alternative dispute resolution. Mediation involves…