Recent Blog Posts
How Can I Get Sole Custody of the Children in New York State?
If you’re a parent who is seeking sole custody of your children, it’s important to know that New York State generally prefers joint custody agreements where both parents are involved in the child’s life. Generally speaking, you must be able to provide the court with strong evidence that the child would not benefit from… Read More »
Do I Need the Court’s Permission to Relocate with My Child?
If you have an existing custody order or written agreement which places restrictions on the ability to relocate, you will either need the other parent’s consent or the court’s permission to relocate with your child. Relocating without the court’s permission or in violation of court order can have both civil and criminal implications. In… Read More »
How is Property Divided in a New York Divorce?
To understand how property is divided in a New York divorce, you must first understand the concept of marital versus separate property. Under New York law, marital property includes any assets or debts that were acquired by either spouse during the marriage. It doesn’t matter whose name is on the title. This likely includes… Read More »
When Would a Parent Be Awarded Sole Custody of the Children?
Generally speaking, the State of New York wants to see two parents who are actively involved in their child’s life, regardless of whether their marriage lasted. In some cases, however, it may not be possible, feasible, or beneficial to have an unfit parent in the lives of the children. If you are seeking sole… Read More »
Understanding Your Legal Obligation Toward a Disabled Child
On October 8, 2021, the New York legislature signed into law a measure that expanded a parent’s duty to support their disabled child until the age of 26. But how is this law interpreted by the courts? One way to answer this question is by looking at a real case. On August 5, 2022,… Read More »
Can Non-Violent Abuse Be Considered Domestic Violence in New York?
According to the Centers for Disease Control (CDC), intimate partner violence (IPV) is “abuse or aggression that occurs in a romantic relationship.” It can refer to abuse suffered by spouses and children, or anyone who lives in the same home or is involved in a romantic relationship with the abuser. It refers to more… Read More »
What Does a Forensic Psychologist Do in a Family Law Case?
Forensic psychologists play a vital role in evaluating parties in domestic disputes, particularly related to divorce cases. They use their expertise to help the court make decisions regarding family services and children. Their role is to conduct evaluations, offer expert testimony, and help with mediation to resolve disputes between parents. In this article, the… Read More »
Does New York State Allow Legal Separation?
Not every state in the country allows couples to legally separate, but New York State is among those that do. Couples can petition the court for a Judgment of Separation or create a Separation Agreement, which is a written contract that stipulates the terms of their separation. In these cases, the couple is not… Read More »
What are the Grounds for Granting Sole Custody in New York State?
The State of New York takes a vested interest in the welfare of its children. While raising your children according to your own beliefs is a fundamental right granted to all parents in the United States, it can be taken away under the right circumstances. Ultimately, New York State uses a “best interests of… Read More »
What are the Different Types of Alimony in New York State?
Alimony, known as spousal support or maintenance in New York State, is a type of payment that one spouse makes to the other either throughout the divorce proceedings or after the divorce has been finalized. Alimony payments that are made while the divorce is pending are called spousal support. Alimony payments made after the… Read More »