Category Archives: Family Law
What Can Turn Separate Property Into Marital Property in a Divorce?
In a New York divorce, marital property is subject to division through the process known as equitable distribution. Separate property generally remains with the spouse who owns it. However, the classification of an asset as separate is not always permanent. Over the course of a marriage, actions taken by one or both spouses can convert… Read More »
How Might Working From Home Affect Child Custody and Visitation?
As remote work becomes increasingly common in the United States, parents may wonder how working from home might affect their child custody and visitation cases. At first glance, working from home seems to offer a clear advantage that could strengthen the position of a parent who wants a greater share of parenting time. A parent… Read More »
What Happens When One Parent Wants to Relocate After a Divorce?
Relocations are not unusual among divorced parents. People can be prompted to move for such reasons as remote work opportunities, changes in cost of living, new romantic relationships and desires to be closer to extended family or support networks. Yet, a relocation with child in tow can have a profound effect on the other parent’s… Read More »
Paternity: When It Matters and How It’s Proved
Paternity refers to the legal recognition that a man is a child’s father. Establishing legal paternity critically impacts children, parents and entire families, shaping everything from financial support to emotional bonds. Paternity often becomes a central legal issue not only in cases of unwed parents but also where family disputes, inheritance or government benefits are… Read More »
Postnuptial Agreements: What They Can and Cannot Do
A postnuptial agreement is a written contract between spouses made after a marriage begins. Like a prenuptial agreement, which is created before marriage, a postnup allows couples to address or change arrangements concerning their finances and property during and after the marital relationship. Postnups are recognized under New York law, provided they meet certain legal… Read More »
How Equitable Distribution Works in High-Asset Divorces
In New York, the rule of equitable distribution governs how assets are divided when a marriage ends, meaning property is distributed fairly but not necessarily equally. New York courts consider many factors to achieve a just result, such as the length of the marriage, each spouse’s income and assets at the time of marriage, contributions… Read More »
Digital Parenting Plans Are Gaining Favor in New York Courts
Parenting plans are a central component of custody cases in New York, detailing the schedules, communication protocols and shared responsibilities of co-parents. Traditionally, these agreements were managed on paper or through verbal understandings, but technology is reshaping the process. New York courts are recognizing the advantages of digital co-parenting tools and applications. Digital parenting plans… Read More »
Advantages of Using Mediation to Resolve Contested Divorce Issues
Mediation has emerged as a highly effective method for resolving contested issues in divorces, such as child custody, child support, spousal support and division of marital property. The New York court system has embraced mediation as a preferred approach. Under the Rules of Court, judges may refer domestic relations cases to mediation before continuing with… Read More »
How a Stay-at-Home Parent Can Maintain Financial Stability After Divorce
Divorce brings significant emotional and financial upheaval, especially for stay-at-home parents who may not have been closely involved with household finances or held recent employment. Nonetheless, it is possible to regain control, protect your future and build stability for yourself and your children. Here are several practical tips to help stay-at-home parents maintain financial stability… 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 »