Legal Blog

What is the Best Way to Pursue a Divorce if I Want One Right Away?

Divorce in New York can be accomplished quickly, if both spouses agree to ALL of the terms of the divorce. You will both need to agree upon the distribution of any property, custody of children, spousal maintenance, and visitation. If you and your spouse can agree on all of these terms, you or your attorney […]

Does My Divorce Lawyer Need to be Located in the County Where the Court is Located?

Your attorney does not need to be located in the county where the court is located. In New York, an attorney is licensed to practice in all the counties and all the courts. However, it is usually beneficial to choose an attorney who is familiar with and practices in the county where the court is […]

How To Handle An Ex-Spouse That Does Not Abide By The Divorce Agreement

A divorce agreement issued by the court is a legally binding contract. As such, if either party refuses to follow the divorce agreement, you have a few options on how to handle this situation. You can have your attorney (or you can do this yourself), send a letter outlining exactly how your ex-spouse is not […]

How Old Must A Child Be To Have A Say In Where They Live Or Visit?

In New York State, a child’s preference on where they want to live MAY be one of factors that a Court can consider when awarding custody. Once a child turns 18 years of age, they have the absolute right to decide where they want to live, and the Court cannot overturn that decision. However, what […]

Divorce, Summer and Your Children

Well, summer is here, and you are in the middle of a divorce or thinking of getting divorced. How are you going to share the children during the summer? Here are a few ideas: Camp: If your children have traditionally gone to camp, then it probably will be a good idea to keep sending them […]

Do I Have To Keep Bringing The Children To See My Ex-Spouse If The Ex-Spouse Constantly Doesn’t Show Up?

In some situations, you may be bringing the children to see your ex-spouse, yet, the ex-spouse isn’t there or constantly doesn’t show up. In those situations, here is what you should do. If your ex-spouse generally does show up, but isn’t there, then you should give him/her at least 15 minutes to show up. You […]

How To Handle A Co-Owned Family Business In A Divorce

You and your spouse own a business together. The business is doing well (or perhaps not so well), but, unfortunately, your marriage is about to dissolve and you are getting divorced. Along with all the other issues involved, you and your spouse have to decide what to do with your co-owned business. In general terms, […]

Can I Make Up Lost Parenting Time With My Children?

After your divorce, if there are children involved, each parent will have designated parenting time (sometimes called “visitation time” or “parental access time”). For example, one parent may have alternating weekends plus weeknight visits, or each parent may have 50% of the time with the children. Oftentimes, either the non-custodial parent will lose some of […]

What If We Can’t Agree On Who Gets To Keep Living In The Marital Home?

If you and your spouse are getting divorced, and you both live in the marital home, one of the issues that will need to be resolved is: Who gets to keep living in the marital home? There are many factors that a court would consider in who gets to keep living in the marital home. […]

Is It Considered Abandonment If I Leave The Marital Home?

There is a misconception concerning “abandonment” or leaving the marital home. Prior to 2010, New York State required divorcing couples to establish “fault” in order to get divorced. One of the grounds was abandonment. One way to show abandonment was to establish that one spouse left the house for a period of one year or […]