6 Detrimental Mistakes That Could Sabotage Your New York Child Custody Case

All things being equal, both parents have joint custody rights to their children. Custody laws are also supposed to be gender neutral, meaning that Dad has as much of a right to raise the kids as Mom. But judges are human, and some may subscribe to the old preconception that younger children, in particular, are better off being raised by their mother. Others may assume that if Mom is not acting as a primary caretaker, she’s not suited to remain in that role. And still, others will assume you’re a questionable parent if you make other mistakes, five of which we cover below. Losing Your Cool with Your Spouse Yelling implies aggression and loss of control, which is especially detrimental for men, as the presumption still exists that men are more dominating and formidable than women. If you are a dad seeking custody and make the mistake of yelling [...]

April 10th, 2017|

New York Litigation: Understanding the Concept of Discovery

One of the most misunderstood aspects of litigation is the concept of discovery. The rules of discovery are complex and varied, causing both legal professionals and scholars alike to differ on their application. If you are party to litigation in New York, a brief overview of the discovery process can help you understand the role of discovery and how the right lawyer can make discovery work for you.    Understanding discovery Discovery refers to the process either by civil or criminal courts of gathering evidence from the opposing side in preparation for a trial. Regardless of whether the process is in criminal or civil court, the discovery phase occurs before trial. The process of discovery stems from the founding principle that someone accused of wrongdoing has the right to face their accuser and hear the evidence against them. The concept of discovery is fairly straightforward: in order for all [...]

March 23rd, 2017|

How To File For Divorce in NY? Here’s What You Need to Know

Couples who are considering divorce have many issues to consider, from the requirements to filing for divorce, to division of property, to custody of their children. Since the laws governing divorce vary from state-to-state, it can be difficult for couples to know how their state’s laws will impact their family as they transition through a divorce. New York couples can better prepare for their divorce by understanding how state law affects 7 common aspects of divorce. Here's how to file for divorce in NY: Residency requirement There are two requirements to file for divorce in the state of New York. The first is the residency requirement, which can be met in several ways: You or your spouse have lived continuously in New York for two years before filing for divorce You or your spouse have lived continuously in New York for one year and either: You were married in New [...]

March 10th, 2017|

Financing From the Masses: Crowdfunding Your Business Venture

The crowdfunding phenomenon took flight around 2008, and since then over $35 billion has been invested into creative ideas by people eager to get in on the ground floor of an exciting new product or concept. Title III of the Jumpstart Our Business Startups Act (JOBS Act) established provisions for crowdfunding that allowed startup businesses to offer and sell securities. The Securities Exchange Commission adopted Regulation Crowdfunding to implement these provisions, and  the new rules took effect on May 16, 2016, allowing the general public to invest in business startups—whereas before only accredited investors could finance news businesses. All the hoopla and all that money is motivating more and more small businesses to jump on the crowdfunding bandwagon and cash in on what appears to be an amazing opportunity, which it can be if you are mindful of both its advantages and disadvantages. Crowdfunding: The Advantages Cheap and easy [...]

March 10th, 2017|

Procedural Issues Complicate Family Law Cases

The law is extremely complicated, particularly when it comes to procedural matters. In some instances, the failure to follow procedural law can result in a dismissal of a case. In family law, the matters at stake often involve children, significant amounts of property, and support for the future—all things that are extremely important. Do not risk losing your case over a procedural issue because you failed to retain an experienced, knowledgeable attorney. Courts also have considerable discretion in family law matters, and convincing the court to use this discretion in your favor can be challenging. A skilled attorney can be a valuable asset in these types of cases. Case Example: Elgart v. Berezovsky In Elgart v. Berezovsky, Levoritz Law Firm dealt with some interesting procedural issues. In that case, Levoritz Law Firm appealed the court asking for a mistrial based on delays before trial and several issues related to [...]

February 15th, 2017|

The Importance of Pre-Nuptial and Post-Nuptial Agreements in New York

Agreements between spouses to distribute separate property in the event of a divorce can be extremely helpful in creating a fair and equitable result. However, even when there is an agreement, the court may override it as inequitable or unfair. Having an experienced family law attorney by your side can help considerably with these issues. New York law defines “marital property” as any property that was acquired by either spouse during the marriage, but before the execution of a separation agreement, regardless of who holds title. This definition is deliberately broad to allow the court to distribute property in a way that it feels is the fairest result based on the unique circumstances of each marital relationship. The law recognizes marriage as both an emotional and economic partnership, where both parties contribute. Courts have considerable discretion in determining which property is considered marital property. A Case Example: Fields v. [...]

February 5th, 2017|

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