Legal Blog

Am I Responsible for the Debt My Spouse Had Prior to Our Marriage?

If you are going through a divorce, you might be wondering if you are responsible for the debt that your spouse had prior to your marriage? Typically, the answer is that you are not responsible for any pre-marital debt that your spouse had. Any debt prior to a marriage is not considered as part of […]

What if My Ex-Spouse Excessively Calls or Texts Our Children During My Parenting Time?

With the ease of cell phones, your spouse may abuse his/her privileges to call or text your children during your parenting time. Here are a few tips of what you can do. Establish Set Days & Times For Calls & Texts: One of the most effective methods to limit excessive phone calls and excessive texting, […]

Child Support, Child Custody and Parenting Time in Mediation

Some divorcing couples choose to use mediation when resolving their divorce. For couples who can compromise, mediation may be a good alternative. In many divorces, child support, child custody, and parenting time issues are the most contentious issues. Those issues can also be resolved in mediation. If you choose to use mediation, then this is […]

What Do All the Legal Documents Mean in a Divorce?

In a divorce, there are many legal documents that get filed with the Court. Here is a brief summary and explanation of those documents: Summons: This document states the names of the two parties (Plaintiff and Defendant), the name of the Court where the case is filed, the attorney’s contact information, and some other basic […]

What is a Receiver (in a Divorce)

In some divorces, the Court will appoint a receiver. A receiver will typically be an attorney who will act as the custodian of some (or in rare cases, all) of the parties’ assets. A typical situation where a receiver will be appointed is when there is a piece of real property that needs to be […]

Adultery and Your Divorce (Adultery is Still A Crime in New York State)

New York is now a “no-fault” divorce State. This means, that you do not have to demonstrate fault in order to get divorced. This also means, that in a divorce, the Court is not concerned with why you are getting divorced, they are only concerned with the issues of the divorce (e.g., child custody, child […]

Traveling With Your Children – During and After Your Divorce

Here is what you need to know about traveling with your child – during and after your divorce. For International Travel: Passports: If your child is under the age of 16 years of age, both parents must sign the child’s passport. Both parents should also be present when you obtain the child’s passport. However, if […]

In a Divorce – Does it Matter if I’m the Plaintiff or Defendant

For New York Divorce cases, there will be a Plaintiff and a Defendant (in other States, they may be called a Petitioner and a Respondent). Does it matter if you are the Plaintiff or the Defendant? The short answer is that it really doesn’t matter. Unlike most every other type of case, in a divorce, […]

Can My Soon-To-Be-Ex Legally Take the House I Inherited?

You may have inherited a house prior to your marriage or even during the marriage. Provided that you have not placed your spouse on the Deed to this house, then your soon-to-be ex-spouse does not have any legal right to the house. However, they may have some rights to be financially compensated. If you did […]

Is My Pension Considered an Asset in A Divorce?

The answer is Yes, as a pension is considered an asset in a divorce. According to New York State law, pension benefits and retirement benefits earned during a marriage are considered marital property and subject to distribution in the event of a divorce. This means that each spouse is entitled to a share of the […]