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…
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…
A single adult, a married couple or two adult intimate, even unmarried, partners together may adopt according to the New York Domestic Relations law. Adoptions can be done through an authorized agency or by private placement including step parent, adult and foster parent adoptions. Anyone that needs more information on…
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…