Legal Blog

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 […]

Can I Change My Child Custody Agreement Even If I Have Been Divorced a Long Time?

In many divorces, the children are fairly young, and your divorce agreement regarding child custody may be very outdated. However, provided your children are under the age of 18 years of age, it is never too late to change your child custody arrangements. In order to change any child custody agreement, regardless if it was […]

Is Everything I Discuss With My Attorney Confidential?

One of the oldest rules in law, is the attorney-client privilege. This means that what you discuss and reveal to your attorney is confidential. Your attorney is not allowed to reveal what you discuss with him/her. A Court cannot compel your attorney to reveal what you said to your attorney. Even if your attorney mistakenly […]

What Are The Differences In Getting Divorced After A Long-Term Marriage?

If your marriage is longer than 25 years and you are getting divorced, there are several potential differences than divorces of couples who are married for less than 20 years. Typically, marriages of longer than 25 years, the children are either over the age of 18, in college or teenagers. If the children are over […]

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 […]