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Be Wise and Hire a Local Attorney for Your New York Divorce

Divorce is often a stressful event and emotions often run high. During this difficult time, you may need a buffer between you and your spouse. An experienced lawyer can help you to put emotions aside and make the best choices for yourself and your family while aggressively protecting your rights. State law governs divorce, and […]

Common Law Marriages in New York State

Popular culture perpetuates the myth of common law marriage, usually by setting forth the dictum that if a couple stays together for a period of time such as seven years, they convert their relationship into one that has all the rights of a legally performed and recognized marriage. The reality is that common law marriages […]

Enforcement and Modification of Court Orders after Your Divorce

While your divorce order puts the final stamp on the dissolution of your marriage, the terms of the order often include ongoing obligations that must be met for as long as the order indicates. Should either party fail to abide by the terms of the order, the aggrieved ex-spouse can seek redress in court. For […]

Can I Collect Social Security Benefits After My Divorce?

When couples remain married for a number of years and then divorce, one of the issues they should be aware of is the effect of the divorce on any benefits they may receive in the future. One such benefit is any payment provided under the Social Security program. Later in life, this program provides many […]

Postmarital or Postnuptial Agreements

Most people are familiar with the idea of a prenuptial agreement, which lays out terms that parties agree to abide by in the event of a divorce or death. This type of agreement is entered into before marriage and is often an attempt to clearly lay out issues, such as distributions of property and amounts […]

Statistics Tell the Story about Marriage and Divorce

The expression who wears the pants in the family has been around for years, but which gender is the decision-maker when it comes to divorce?  Interestingly enough, studies show that it is not the men but the women. Women initiate divorce much more frequently than men. And this is despite the fact that after divorce […]

Do Children Have a Say in Legal Actions Concerning Them?

In many legal actions, the child has little say about custody or other determinations, especially when at a young age. However, there is a program in New York called the New York Attorneys for Children Program, which provides attorneys to children when they are involved in court proceedings dealing with juvenile delinquency, child custody, visitation, […]

Laws New York Courts Consider When Awarding Child Custody

Case law predominantly determines how the New York courts rule in child custody cases. This is because New York’s Domestic Law statutes do not provide much guidance in the way of child custody. As in most states, the best interests of the child form the benchmark and influence the court’s custody decisions. Several influential New […]

New York Spousal Support Changes under the No-Fault Divorce Law Enacted in 2010

When the New York legislature enacted no-fault divorce in 2010, it also provided new guidelines for temporary maintenance (spousal support or alimony). The guidelines established temporary spousal maintenance based on the spouses’ incomes and used a formula to determine amounts. For temporary spousal maintenance awards, a significant income disparity must exist between spouses. The spouse […]

Purposes of Paternity Cases and How They Work

There are a number of reasons why people pursue paternity cases, such as: A man suspects he is the child’s father and wants the legal right to help the child A man does not believe he is the biological father and wants to avoid child support A mother wants to seek child support from the […]

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