Category Archives: Family Law
Spotting and Remediating Nursing Home Abuse and Neglect
Elders are making up a larger and larger percentage of the U.S. population, which in turn is increasing the need for nursing homes and assisted-living facilities. Unfortunately, patients and residents at these institutions are vulnerable to mistreatment by their caregivers through abuse or neglect. Abuse can take many forms, including physical, emotional, sexual, and financial… Read More »
Who Gets the Family Home in a New York Divorce?
In a New York divorce, a process called equitable distribution is used to divide marital property fairly, not necessarily equally. This applies to the family home as well, but its unique nature presents some complexities. Unlike stocks or investments that can be easily split, a house is a single, non-liquid asset. In addition, it is… Read More »
Spousal Maintenance in New York
Spousal maintenance, sometimes called Alimony in other jurisidctions, is a court-ordered payment that one spouse makes to the other after a divorce. The purpose of maintenance payments is to help the receiving spouse maintain their standard of living during the transition to being single. Factors Affecting Maintenance Awards A number of factors can affect the… Read More »
Special Considerations for High Net Worth Divorce
High-net-worth divorces typically require special consideration, compared to the average divorce. While there is no strict definition of a high-net-worth divorce, today’s high-net-worth divorce typically involves several million dollars in assets. Factors affecting high net worth divorces Successfully navigating a high-net-worth divorce requires careful planning and professional guidance. Here are some factors your attorneys will… Read More »
Understanding Fault vs. No-Fault Divorce
In order to get divorced in New York, spouses must have a legally acceptable reason for ending the marriage. This is typically expressed in terms of fault. What’s the difference between “fault” and “no-fault” divorce? Fault vs. no-fault grounds for divorce The choice between fault or no-fault grounds for divorce can significantly impact the process…. Read More »
What’s Not Allowed in a Prenuptial Agreement?
Prenuptial agreements are valuable tools that can provide clarity and structure while potentially reducing conflicts. However, it’s important for couples considering a prenuptial agreement to understand the legal boundaries that govern them. Prenups are legally binding contracts between two individuals who intend to marry. This agreement outlines how various aspects of property division and support… Read More »
What Are Grandparents’ Rights?
Life-altering changes in the family, such as divorce, separation or the loss of a parent, can strain a relationship with grandparents. In other cases, the parents and grandparents may simply not appreciate a grandparent’s influence. In New York, grandparents have limited legal rights when it comes to seeking court-ordered visitation with their grandchildren—at least in… Read More »
Parental Alienation During Divorce
Divorce is a difficult process, and when children are involved, emotions can run high. Unfortunately, some parents resort to destructive behaviors that can harm the parent-child relationship. This behavior, known as Parental Alienation Syndrome (PAS), occurs when one parent influences the child to reject the other parent. In severe cases, the child may completely reject… Read More »
What to Do When You Suspect Your Ex is Hiding Assets
Divorce is never an easy process, and it becomes even more challenging when one spouse tries to hide assets to avoid equitable distribution. However, there are legal tools available to help you uncover hidden income and assets during divorce proceedings. Here’s what to do: Gather financial records: Categorize assets as “marital” (acquired during the marriage),… Read More »
When Can Parental Rights Be Terminated?
Termination of parental rights is a legal process that permanently ends the rights of natural parents to their child, essentially freeing the child for adoption. This significant and often emotional decision is made to ensure the child’s safety, well-being and best interests. Filing a termination of parental rights petition A termination of parental rights petition… Read More »