Legal Blog

What Is A Motion?

You may hear your attorney say – I’ll file a “Motion”.  So, what is a “motion”? A motion is a document which is filed, with the Court, that basically: (1) requests something to be done; or (2) requests that something not be done.  The motion’s requests can be a combination of requesting something to be […]

Five Things You Should Not Do In A Child Custody Battle

If you are seeking custody of your child and are involved in a child custody dispute (battle), there are some things you can do to help you and some things you should not do. Here are five things you SHOULD NOT do in a Child Custody battle. Using your child as a pawn.  Do not […]

Facebook Posts Including Private Message Posts Are Discoverable

In New York State, if you are involved in any type of litigation, including divorce, most documents and communications, including Facebook posts, Twitter, Instagram, and SnapChap are discoverable.  This means, if the opposing attorney makes a request for those documents and communications, you have to produce them in discovery. The highest New York State Court […]

Who Decides The Child’s Religious Upbringing?

In a divorce or child custody dispute, one of the areas that must be decided is “what religion the child will be raised in”.  Most of time, the parents will agree that the child will be raised in a particular religion.  However, there are instances where there is a dispute about the religious upbringing or […]

Dealing With Lack Of Control In A Divorce

When going through a divorce, you may feel that you have little or no control over what your soon-to-be-ex-spouse does, especially when it comes to your children.  In many divorces, your ex-spouse may not follow your advice as it pertains to your children, for example: (i) not making sure the children do their homework; (ii) […]

A Parent’s Sexual Identity (Or Preference) Does Not Affect Child Custody

In New York State, a parent’s sexual identity or sexual preference will normally have no impact on the court’s determination in a child custody dispute. The Court will remain neutral regarding a person’s sexual identity or sexual preference and should not take this fact into account when deciding custody.  As with any custody determination, the […]

Receiving An Inheritance Before Your Divorce Has Been Filed Or In The Middle Of A Divorce

If you receive an inheritance, before you file for your divorce, or even in the middle of a divorce, you can easily protect the amount that you receive.  You need to directly deposit the inheritance into your own separate bank account. You should also document the amount of the inheritance, by photocopying the inheritance check […]

What Are The Major Financial Challenges Faced In A Divorce Or After A Divorce?

Going through a divorce, or recently divorced, you will face many changes and challenges in your life.  One of those changes, will be a change in your financial status.  Here are some of the major financial challenges you will face: There is an old maxim: “It costs more to live separate than together.”  For the […]

Can My Spouse Sell Our House Without My Permission?

If you are in the middle of a divorce, your spouse cannot sell your house without your permission.  It does not matter if your spouse is the only person on the deed.  Once a divorce action is filed, there is the issuance of the “Automatic Orders.”  The Automatic Orders are Court Order’s that prevent both […]

How To Deal With An Ex-Spouse (Or The Other Parent) That Isn’t Paying Child Support

If your ex-spouse (or the other parent) isn’t paying child support, here is what you can do. First, if you do not already have a child support order, then get one.  Typically, you can obtain a child support order by filing a petition in Family Court.  If you are the custodial parent, then the Family […]