Category Archives: Family Law
Common Parenting Time Arrangements After Divorce
In a divorce, parenting time — also known as visitation — is an essential part of a child custody arrangement. A New York court deciding on allocation of parenting time will focus on what is in the child’s best interests, weighing such factors as the child’s age, their relationship with each parent and the ability… Read More »
How Retirement Accounts May Be Divided During a Divorce
The nest egg you’ve put away for retirement is the product of your hard work and careful savings over a lifetime, and you might think it is yours alone. But in a New York divorce, retirement accounts are considered marital property to the extent they were accrued during a marriage. As such, they are part… Read More »
Understanding Contested vs. Uncontested Divorce in New York
New York divorces are categorized as either contested or uncontested. The distinction between these two types is less about the grounds for divorce and more about whether the spouses can agree on the essential terms of marriage dissolution. Virtually all New York divorces are now filed on no-fault grounds, where one spouse simply asserts that… Read More »
How Online Apps Can Help With Co-Parenting After Divorce
Co-parenting apps have revolutionized how divorced or separated parents manage responsibilities and maintain effective communication. By utilizing features like shared calendars, secure messaging, expense tracking, and document storage, co-parents can streamline their interactions and reduce conflict, ultimately benefiting their children’s well-being. Here’s a detailed look at features offered by popular co-parenting apps, which may… Read More »
Making a Strong Case for Shared Physical Custody in New York
When parents in New York get divorced, one of the most critical aspects is deciding where their children will live. Having both parents share physical time with the children can be an ideal arrangement. However, New York courts prioritize the best interests of the child when making decisions on shared physical custody, and the arrangement… Read More »
How N.Y. Courts Decide if Property Is Marital or Separate
In a New York divorce, determining whether property is marital or separate directly impacts the equitable distribution of assets. Under New York law, marital property is generally defined as any property acquired by either spouse during the marriage, regardless of whose name is on the title. On the other hand, separate property includes assets that… Read More »
Grandparents’ Visitation Rights Under New York Law
In New York, grandparents seeking visitation with their grandchildren have certain limited legal rights. A statute outlines the conditions under which a grandparent can petition for visitation and the standards that must be met to achieve a favorable outcome. Understanding the statutory requirements is vital for any grandparent considering this legal route. Under New York… Read More »
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 »