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Category Archives: Family Law

What Legal Requirements Must Be Fulfilled Before a Divorce?

Before a couple is able to file a divorce action in court and actually go through the divorce process, there are certain legal requirements that they must fulfill. These requirements include:  Residency. A spouse that chooses to file for a divorce must have resided within the state they are filing for a certain period of… Read More »

Religion and Your Child Custody Arrangement

It’s somewhat common for one parent to change religions after going through a divorce. However, there are legal implications involving child custody and changing religion that must be considered. Religion is actually one of several considerations that courts will take into account when determining custody arrangements, alongside health care, residence, recreation and education.  First, courts… Read More »

When Can You Modify a Child Support Agreement?

Whether you are paying or receiving child support, you may reach a point in the arrangement where you feel like it needs to be modified to reflect your current life situation. But when are the best times to attempt to modify your arrangement, and how do you go about doing so?  Situations that may call… Read More »

Does Your Same-Sex Marriage Need a Prenuptial Agreement?

In a column last year after the landmark Supreme Court ruling striking down the prohibition of federal recognition of same-sex marriages, a Forbes writer drew an analogy between the coming wave of same-sex marriages and the significant uptick in marriages after World War II. Although noting that the numbers could potentially be similar, he observed… Read More »

What a Prenup Can Do — and What It Cannot

In a 2010 poll of divorce attorneys, 73 percent noted an increase in the use of prenuptial agreements, in addition to some surprising trends related to these documents. The American Academy of Matrimonial Lawyers conducted the poll with its 1,600 members, 52 percent of whom noted that women were increasingly the ones requesting a prenup…. Read More »

Child Custody and Support Issues Specific to Same-Sex Partners

With all the changes in recent years to the legal status of same-sex couples, it can be difficult to understand the exact nature of your rights as a couple and, if you have children, your rights as parents. What’s true in one state may not be in another, and what you might assume would be… Read More »

Child Support Deviations

Federal law mandates that all states create a uniform formulaic system for determining support obligations for children within their jurisdictions. While states are not required to adopt any particular formula, most choose one of two common systems. In New York, child support obligations are based on a fixed percentage of the payor’s income less certain… Read More »

Supervised Visitation in New York

The law places a great deal of importance on preserving the relationship between parent and child. While this certainly makes sense under most circumstances, it can create a frustrating and unsettling scenario for a custodial parent when the other parent has a history of abuse, neglect, violence or mental instability. In New York, a judge… Read More »

How Do You Consciously Uncouple Assets?

Entertainers Gwyneth Paltrow and Chris Martin created a divorce sensation when they announced they were consciously uncoupling. What effect does that have on division of assets during divorce? In March, the celebrity couple announced their separation via Goop, the website of Ms. Paltrow. While a great deal of attention is paid to the apparent civility… Read More »

I Want to Move — Can I Bring My Children?

The issue of parent relocation is relatively complicated, and each case tends to have a unique set of circumstances that play a significant role in the court’s ultimate decision. There are many factors that may influence the result, including the following issues. The child’s best interests This is the first and most important element in… Read More »