Legal Blog

Can I Force My Ex-Wife to Lose My Last Name?

In many marriages, typically the Wife has taken on the last name of the Husband. In a divorce, the Wife has the opportunity to revert back to her maiden name. However, I am often asked in the Husband can force the Wife to stop using his last name and force her to go back to […]

What Kind of Questions Might the Judge Ask at a Contested Divorce

In a contested divorce, before there is a trial, typically, there would be several court conferences.  At each of these conferences, it is possible, that a Judge might ask you some questions. Most likely, you would be under oath when answering these questions. If there is a trial, sometimes a Judge will ask a clarifying […]

Do You Have To Split Your 401(K) In A Divorce?

If you have a 401(K), then most likely some or all of the funds in those accounts are considered a marital asset and your spouse is entitled to his/her marital share. So, the short answer is “MOST LIKELY YES”, a 401(K) is a marital asset that has to be shared. While you are married, any […]

Ten Tips for Testifying in A Divorce Trial

Most divorces do not actually go to trial. Indeed, it is estimated that in New York, only about 5% of cases actually go to trial, the rest of the cases will settle – although, some of those cases will settle AFTER a trial has started BUT before the trial has ended. If you do have […]

Your Spouse’s Cell Phone Is Off Limits

You may know that if you open your spouse’s mail, without their permission, that you are committing a Federal crime.  Similarly, if you open up your spouse’s cell phone, without their express permission, you also may face criminal or civil charges. This means that if your spouse has not given you express explicit authority to […]

What To Say To The Attorney For The Child

In many custody cases, an Attorney for the Child is appointed by the Court to represent the child (or children) in a child custody case or in a divorce case involving children. The Attorney for the Child will meet with the child and sometimes meet with each parent.  In court, the Attorney for the Child […]

The Court’s Viewpoint on Children

When it comes to child custody and children, virtually every Judge has the same mindset.  The children did not ask for the divorce and they are the ones caught in the middle.  Here is what one Judge said and I would say every Judge agrees with the substance of this statement: “Your children love you […]