Articles Posted in Divorce

Coupledisputebacktoback-300x205It’s common in divorce cases for the less-monied spouse (the one with the lower income) to seek various forms of maintenance from the other spouse. It’s possible to work with your divorce or family law attorney to request both “temporary” maintenance, and post-divorce maintenance or to oppose the request for it, depending which side of the equation you find yourself.

Awards for both temporary and post-divorce maintenance are retroactive to the date of the application, and both forms of maintenance are awarded based on a specific formula. However, temporary maintenance isn’t subject to the same advisory schedule regarding duration. It’s also possible for amounts paid before a divorce is finalized to be considered when calculating the maintenance to pay.

Let’s explore some of the factors which might impact the kind of maintenance payments awarded to the less-monied spouse during divorce proceedings. Continue reading ›

Businessdebtpicture-300x200There are a lot of important decisions that need to be made during a divorce. Separating the lives of two people, particularly after a number of years spent together can be extremely complex. Decisions need to be made not just about children and property, but in regard to crucial family planning.

It is possible, today, for would-be parents considering having a child in the future to freeze embryos, or have embryos collected for the purpose of IVF. When these couples are divorced, decisions need to be made about what to do with an embryo.

Embryos, crucially, are not marital assets subject to equitable distribution, like a house or car. Rather, the concept of contract law needs to come into play. Continue reading ›

Arms-Crossed-200x300There are various complicated concepts which apply to legal cases in matrimonial law. Courts must consider the various components of each case on an individual basis, as the situation surrounding those involved can make a huge difference to the order made.

One possible consideration which may emerge in some postnuptial, prenuptial, separation, and stipulation of settlement cases is the choice of law clause. This is a clause in the legal world which can influence decisions of which state laws should be applied to certain cases.

Here, we’ll be exploring the concept of the choice-of-law clause, and how various factors can make a difference to which state’s laws are applied to particular family law cases. Continue reading ›

Couple-Home-300x200Maintenance is a common consideration in many divorce cases, wherein extra support needs to be offered to a specific spouse. In many divorces, the less-monied spouse seeks temporary maintenance to help with the costs of getting legal representation and supporting themselves when the divorce is ongoing. At times both temporary maintenance and post-divorce maintenance (support given at the end of a divorce), can help to preserve a spouse’s financial wellbeing during the case and when a marriage is dissolved.

Any maintenance order given by the courts in New York, whether temporary, or post-divorce in nature, has the possibility of being retroactive. This means the party seeking support may receive payments owed backward from the moment they applied for this support. For individuals attempting to get back on track as quickly as possible, it’s important to ensure you’re getting access to all of the financial support owed.

Notably, temporary maintenance is not subject to the same advisory schedule for duration as post-divorce maintenance. Let’s take a closer look at the complexities of calculating maintenance arrears in the case of temporary maintenance. Continue reading ›

Baby-and-Mom-300x200During a divorce or separation between parents, and for parents that were never married, there are various issues which need to be considered to ensure the long-term safety and wellbeing of the child. In New York, the courts will often do everything in their power to ensure the negative impact of a divorce, or parents that do not live together, on a child is as minimal as possible. While the end of a relationship, whatever the length (long term or a one-night stand), or a marriage between two parents can be upsetting for a child, it shouldn’t negatively influence that child’s ability to thrive in life.

Sometimes, to ensure a child continues to access the opportunities they would have had should their parents have stayed together, or to simply take care of their needs, the court will need to order child support. This payment, given to the primary caregiver or the residential custodial parent of the child, helps to ensure they can give the child the best quality of life without the presence of the other parental figure.

In most cases, child support is calculated according to a specific formula. However, certain children will have advanced or specific needs which require the standard formula for child support to be reconsidered. For children with special needs, additional considerations will often contribute to the decision of how much child support a non-custodial parent should pay. These special needs can also influence how long support is awarded for.  A law just signed into effect in New York now extends the age of child support for special needs children.  This can mean proceeding with or defending against an onslaught of child support petitions in Family Court, or post-divorce judgment motions in the Supreme Court for special needs children that have already aged out. Continue reading ›

Side-View-Couple-Fight-300x200If you’ve followed my bullet point series on orders of protection until now, you’ll know that these documents can be a common consideration in a range of divorce and family law cases. When a family “offense” takes place, causing danger to a specific member of the family unit, an order of protection can be issued to protect that individual.

Orders of protection appear in both family court, and the criminal court, depending on the case in question. For today’s segment on this order of protection series, we’re going to be looking at the differences in the ways different courts address orders of protection.

As usual, you can find additional guidance on the topics mentioned here throughout this website. Continue reading ›

Couple-Staring-300x200Welcome back to this series of bullet point guides on the topic of “Orders of Protection”. In this bullet point guide, I’m aiming to provide you with some useful information that may be helpful when making decisions about your Order of Protection case.

Today’s segment of the bullet point guide series examines what happens when someone needs to be removed from a home as part of an order of protection case. We’ll also be looking at how immediate hearings might be necessary in these cases, and why this is crucial. Continue reading ›

Finger-Pointing-300x200Welcome back to another issue in our family law Order of Protection Series. This guide follows the similar guides I’ve created in the past for child custody and equitable distribution. If you’d like to learn more about custody, orders of protection, and the other issues mentioned here, you can find more blogs here and pages on my website.

Orders of protection can be a complex part of family law. Though they’re similar in some ways to restraining orders, these orders don’t necessarily lead to the same legal actions. Although, orders of protection do require the person in question to avoid certain activities.

This guide aims to make complex concepts easier to understand in family law. For instance, in this segment, we’ll be talking about custody orders, and how long orders of protection might last when issued by the family court. Continue reading ›

Couch-Couple-300x200Welcome to your complete bullet point guide to orders of protection involving family members, and family offenses. This series is inspired by the other guides I’ve created on this blog to help my clients understand complex topics like divorce, equitable distribution, child custody, and child support.

Orders of protection can be a sensitive area of family law, and something that many people struggle to fully understand. Usually designed to keep people safe in a complex situation, these orders can be crucial to helping someone move on with their life after a marriage or relationship comes to an end.  It is also important for a person to defend themselves when someone is seeking an order of protection against them.

In this part of our guide, we’ll be looking at defining the order of protection, comparing it to a restraining order, and understanding how “family members” and “family offenses” are classified by the New York courts. Continue reading ›

For a while now, I’ve been working on bullet point series on my website as a way of delivering usefulCouple-fight-tie-300x227 information about family law in an easy-to-consume format. Recently, I finished a serious on child support. Today, I’m starting a new series which will revolve around orders of protection and family offenses.

Orders of protection are an important component of family law, and something that is available to “family members”, which could include not only related people but those that are or were in intimate relationships or have a child or children in common.  Sometimes they come up in divorce cases as well.  However, just like many aspects of family and divorce law, the order of protection can also be a little tricky, and at times challenging to get your head around.

Today, we’ll be looking at temporary orders of protection, or pendente lite orders in a divorce. We’ll also be discussing the concept of surveillance and whether the use of a PI violates an order of protection. Continue reading ›

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