Divorce

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Domestic Violence and Divorce

Recently, domestic violence has risen to the forefront of media attention, and awareness of the problem has skyrocketed. Domestic violence is the abuse of a party in a married or intimate relationship with the other, and in most cases, it is the woman who receives the abuse. In almost all cases being in a situation of domestic violence means you should get out, even if that means a divorce. An individual may be hesitant to get out of an abusive marriage if there are children, but studies have shown the long-term effects of being around domestic violence can be detrimental to the child. Many people who become abusive later in life witnessed it growing up. The negative long-term effects for both the abused party and the family often make it worth it to get out of that relationship. While getting out of that relationship is often the best move, it is [...]

2019-01-09T00:05:07+00:00April 30th, 2018|

Moving and Custody Issues

When parents with minor children separate or divorce, they live in separate residences where the children will either live as their primary or custodial residence and then visit the other parent at their homes. In the majority of cases, the parents will live within a few miles of each other so transportation for visitation purposes is not a major issue. However, changes in a parent’s life occur frequently that may necessitate that parent to relocate, usually to pursue a new employment opportunity with better pay and benefits. In other cases, the parent will have remarried and will need or want to move to the new spouse’s residence, which may be in another part of the state or even thousands of miles away. In New York, the primary custodian of the children may not simply pack up and move away with the children unless the non-custodial parent consents. If there [...]

2019-01-09T00:30:40+00:00February 5th, 2018|

What Are Your New York Spousal Support Options?

When marriages end in New York, maintenance awards are the payments set up to help the receiving spouse become financially independent after a divorce. Factors that affect the award often referred to alimony or spousal support are an assessment of the standard of living the couple experienced while married, whether one spouse or another has enough income and property to provide for his or her own needs, and whether the other spouse owns enough or has enough income to provide for the other spouse’s reasonable needs. Calculating Maintenance Awards The first step in deciding a maintenance award is to understand both spouses’ finances. Both spouses are required to prepare a comprehensive accounting of their own wealth. Each spouse is charged with adding up their net worth and including a statement proving it. All assets are calculated and all liabilities added up. Whatever remains is net worth. As these figures [...]

2019-01-09T00:34:43+00:00January 19th, 2018|

Where to File for Divorce

Like any other state, you need to establish residency if you are seeking a divorce in that particular jurisdiction. If you wish to get divorced in New York, you have to meet the state’s residency requirements before filing in court. These requirements include any one of the following: You were married in New York and either you or your spouse has been a resident here for one continuous year immediately preceding initiation of the action for divorce. You and your spouse resided in New York as husband and wife and one of you was a New York resident when the divorce action commenced and has been a resident for a period of one continuous year immediately preceding the divorce action. The grounds for the divorce occurred in New York and either you or your spouse was a New York resident for at least one year before the divorce action [...]

2019-01-09T00:46:14+00:00January 5th, 2018|

Flight Risks in a Divorce

Most parents who are in a co-parenting situation because they are unmarried, separated, divorced or going through the process are able to arrive at suitable custodial and visitation arrangements, but there are cases where there is considerable animus and conflict between the parties. In some of these situations, a parent will resort to abducting the child and hiding out in another state or country. According to the U.S. Department of State, there are an average of over 200 child abductions in this country every day. There are also divorce matters where the issue is one of substantial assets that one party is extremely reluctant to part with, even where there is a court order giving possession to the other spouse. A party who fears or has been ordered to relinquish a portion of those assets may instead flee to another country with assets in hand. Protective Orders If a [...]

2019-01-09T00:51:28+00:00December 19th, 2017|

What Does the Free College Bill Do for Child Support?

New York state high school students who are looking for a break for college are in luck. Governor Andrew Cuomo signed a budget bill this year that gives free college tuition to New York students attending the CUNY or SUNY schools, as long as their family's income is not over $100,000 this year. Next year, the income cap will increase to $110,000 and $125,000 in 2019. Those who are eligible will pay no tuition, which is roughly $6,500 at four year schools and $4,350 at community colleges. They still have to pay their student fees, room, board, and books, which can add up to $14,000 per year. However, there are some serious loopholes that may allow people to take advantage of the system. A student's eligibility is based on their family income. That's the income that the mom, dad, step parents, or custodial parents earn. The student puts that [...]

2018-12-07T20:43:31+00:00May 26th, 2017|

What is Pre-Divorce Planning? How Do I Know if My Spouse is Doing This?

Tom and Marie have been married for 14 years, but the marriage is on the rocks and divorce is imminent. Worse, Marie worries that Tom is trying to hide some of the family's assets from her. She has noticed things are different. Such as, they have less money at the end of each month, Tom's salary from his business is lower, his taxes are higher, and they're paying a lot more for all of their utilities. She has also been seeing mail from a couple of banks and investment firms she's not familiar with. Pre-divorce Planning Many divorces result in couples dividing the marital assets equally, so it's not uncommon for one spouse to try to hide a significant portion of their money to exclude it from the property division. Some will even do it so they can inflict emotional pain as well. This means the one spouse can [...]

2018-12-07T20:44:54+00:00April 25th, 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 [...]

2018-12-07T20:45:39+00:00March 10th, 2017|

International Divorce Proceedings: Terekhina v. Terekhin

Even when a party is out of the country, he or she still needs to comply with New York law in divorce proceedings. This includes appearing for depositions and hearing as well as answering discovery. Failure to do any of these things can result in sanctions that may include a prohibition for entering evidence in a divorce proceeding. A Case Example: Terekhina v. Terekhin The parties in Terekhina v. Terekhin were married in Russia in 2000. They planned to move to New York in 2010 to take advantage of New York’s advanced prenatal care options. In 2011, they purchased a home and moved to Staten Island. Shortly thereafter, their second child was born. However, the defendant, Mr. Terekhin, was arrested a few months later for allegations of assault against his wife, Ms. Terekhina. The family law court ordered that he stay away from his two children and wife. In [...]

2018-12-07T20:46:41+00:00September 15th, 2011|

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