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…
Extraordinary circumstances must exist for someone who is not a parent to be able to prevail against a parent for custody or guardianship in New York. Only if these extraordinary circumstances are found by a court to exist should the court then consider if it is in the best interests…
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…
There is a formula in New York contained in the law, commonly called the Child Support Standards Act, which is designed to provide a presumptive amount that a non-custodial parent should pay for child support. The policy behind the enactment of the statute was to attempt to provide standard amounts…
People that are considered family, by the law, have the ability to get orders of protection against other family members in New York Family Court (or New York Supreme Court while in a divorce) if a Family Offense has been committed by the person against whom the order of protection…
I have handled a lot of Long Island child custody and visitation (aka parenting time) cases, particularly in Nassau, Suffolk, Queens, New York City and the surrounding areas. I will discuss below how custody cases are decided in the Family Court and Supreme Court in contested child custody litigation or,…