Author Archives: Bridget Tartaglia
How Courts Adapt Parental Rights to Non-Traditional Family Structures
Courts in New York as in other states have come to recognize the increasing diversity of family structures. Modern families frequently look different from the traditional nuclear unit, encompassing unmarried co-parents, multi-generational households and and/or LGBTQ+ parents. Each present unique questions concerning custody, visitation and parental rights. The following are non-traditional family structures about which… Read More »
How Courts Handle Divorced Parents’ Conflicts Over Education
One of the most challenging areas of adversity for divorced parents can be making educational decisions for their children. Disputes may arise about school choice, special education services or the division of tuition expenses, and there may be religious or logistical complications. In these situations, courts can play a critical role in ensuring that the… Read More »
How Do New York Courts Decide Who Gets the Pets in a Divorce?
In recent years, New York courts have fundamentally changed how they decide who gets possession of pets during a divorce. Traditionally, animals were treated strictly as personal property and awarded to one spouse or another in much the same way as a car or other treasured assets. However, a landmark amendment enacted in 2021 now… Read More »
How Cohabiting With a New Partner Might Affect a Child Custody
In New York, a parent’s decision to cohabit with a new romantic partner after divorce is a sensitive topic that often raises questions about the potential impact on custody or visitation rights. Cohabitation is not, by itself considered grounds for modifying an existing custody or visitation agreement. As long as the parent continues to foster… Read More »
Why High-Asset Divorces Are So Much More Complicated
If you are facing a high-net-worth divorce, you must understand that the road ahead is fundamentally different and far more complex than a typical separation. The process you are about to begin will feel less like the end of a personal relationship and more like the dissolution of a business. The emotional strain may be… Read More »
How Wasteful Dissipation of Assets Can Affect Equitable Distribution
In New York divorce proceedings, the spouses’ marital assets are divided using the process of equitable distribution. This involves the court’s weighing of several factors to determine a fair but not necessarily equal split. One of the factors considered is whether either spouse is at fault for wasteful dissipation — that is, deliberately squandering, concealing… Read More »
Why You Should Have a Lawyer Even if Your Divorce Is Uncontested
In deciding to end your marriage, you and your spouse may agree on the big picture, paving the way for an uncontested divorce. If you’re eligible, this route can save significant time and expense and avoid emotional strain. Nevertheless, there are good reasons not to proceed without an attorney. Specific criteria must be met to… Read More »
Tips for Helping Children Adjust When Divorce Lies Ahead
Going through a divorce is a deeply personal and often painful process. As you deal with your own emotional issues, you undoubtedly want to protect your children from distress. However, it’s important to realize that children deserve to know what is happening so that they have an opportunity to cope and adapt in healthy ways…. Read More »
Costs Not Covered by Child Support, and How They Can Be Shared
In New York, child support is a court-ordered payment intended to cover a child’s basic needs, such as food, clothing, shelter, and basic educational expenses. Parents need to understand which costs related to child rearing that are not covered by base child support, and which types of expenses are considered add-ons, which are shared proportionately… Read More »
What Can a Parent Do if a Child Refuses Parenting Time?
In New York, when parents have joint physical custody of a child after a divorce, each of them is entitled to parenting time as prescribed in a plan adopted by the court. However, what happens if a child — for whatever reason — decides they don’t want to adhere to the parenting time schedule? A… Read More »