Author Archives: Bridget Tartaglia
Divorce: Understanding Your Digital Assets
Dividing property during a divorce can be difficult and sometimes contentious. Decisions about dividing material goods like the residence, a vacation home and investment accounts can be particularly difficult with partners who are splitting. But what about the iTunes account? In New York, property and assets accumulated by a couple during their marriage are considered… Read More »
Shine the Light on Domestic Violence
The behavior is personal and sometimes deadly. Intimate partner violence afflicts every community in the United States, usually behind the closed doors and happy faces presented to the public. New York is no different. By proclaiming October as Domestic Violence Awareness Month in New York, Governor Andrew M. Cuomo shines a light on the often… Read More »
Baby Veronica Goes Home
In a family law case that captured headlines for years, Veronica Capobianco has finally gone home. In 2008, Christina Maldonado informed her then-boyfriend Dusten Brown she was pregnant. Mr. Brown pressed for marriage indicating he would not support the child if Ms. Maldonado did not marry him. Ms. Maldonado ended the relationship and Mr. Brown… Read More »
Changing Seasons: Advanced Medical Directives
Estate planning is essential. Big changes in life mean changes to estate planning documentation, including your medical directives. An inheritance, divorce or marriage could change choices made years earlier. Any person over the age of 18 should have a medical directive, regardless of wealth. While end-of-life decisions are generally equated with the aged, accidents and… Read More »
Splitting Assets and Dividing Debts in Divorce
Many divorcing spouses wonder why they are not entitled to an exact 50 percent split of the household assets, but what they do not realize is that courts divide assets equitably in a divorce — not necessarily equally. Courts consider a variety of factors when deciding how to divide family belongings. A good lawyer can… Read More »
Orders of Protection and Temporary Restraining Orders
You do not need a lawyer to seek a temporary restraining order in New York. Courthouses and police stations are required to provide an immediate order of protection if you request one. A trial date is set and a hearing is held to see if you qualify for a permanent order of protection. A judge… Read More »
Paternal Rights for Unwed Fathers: What to Do When There are Doubts
Do not sign a voluntary acknowledgement of paternity if you are unsure whether you are a child’s father. Once you sign, New York allows just 60 days to rescind your acknowledgement. By signing, you waive your right to deny paternity. The only way to get out of the agreement is to retain a lawyer to… Read More »
Co-Parent Adoption for Same-Sex Couples
Legal obstacles make it substantially more difficult for parents to adopt together as a same-sex couple. Prospective parents must elect one person to file the court documents for adoption, while the other must remain anonymous. Problems can arise when one parent has sole custody. Although you plan to raise the child together, the parent with… Read More »
Grounds for Invalidating a Prenup in New York
Invalidating a prenuptial agreement has traditionally been difficult in the state of New York. However, in recent months, former wife of millionaire Peter Petrakis has made it just a little easier. Elizabeth Petrakis alleged that she was fraudulently induced to sign a prenup when her husband-to-be made an oral promise to destroy it once the… Read More »
Spousal Support in Same-Sex Divorce
Statistics suggest that the boom in gay and lesbian marriages since the Marriage Equality Act became law in 2011 is likely to be followed by a boom in divorce. It is important to understand and appreciate the financial implications of same-sex divorce. Marriage traditionally created a legal obligation upon a husband to support his wife,… Read More »