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New York Family Law Blog
Divorce & Legal Fees: Who Pays?
A question often asked by divorce litigants in New York is whether or not one spouse will be responsible for the other’s legal fees. Under New York law, the spouse who has more income and/or resources (the “monied” spouse) is required to assist…
Marital Agreements: The Elements Of Enforceability
Often, it is difficult enough for an engaged couple to determine whether or not to execute a pre or post nuptial agreement with respect to their finances and estates. Since New York City has higher divorce rates than most of the country, a…
Pre-Nups: Is Getting One Right For You?
Although planning a wedding can be one of the happiest times in many people’s lives, the fact remains that those getting married in New York City face a unique set of circumstances: a later average age of marriage (early 30’s) and a divorce…
A Father’s Parenting Time Rights In New York
In New York, fathers are now given equal consideration as mothers in child custody matters. Ideally, divorcing parents will reach a child custody agreement on their own but if that is not feasible, a judge will decide based on the best interests of…
Special Immigrant Juvenile Status
One of the big issues in New York Family Law centers around immigration. It is very common for relatives in the United States-siblings, aunts, uncles, cousins, grandparents-to want to help bring over those they love. In many recent cases, the person they want…
Divorce And The Holidays: A Survival Guide
One of the most challenging aspects of life post separation and divorce is managing the time each parent has with their children. However, during the holiday season, this stress can increase significantly. For many parents, the holidays are about more than just the…
Redefining Family: Marriage Equality In New York
On July 24, 2011, history was made in the state of New York, when the Marriage Equality Act was passed by the New York Legislature, allowing for the legalization of same-sex marriages in the state. Religious organizations can refuse to conduct or recognize…
Uncontested Vs. Contested Divorce In New York
Regardless of the kind of divorce you’re headed towards, there are several key issues that you and your spouse will need to settle before it’s final. The way that these issues are handled makes a divorce either contested or uncontested – essentially, rife…
The Ins And Outs Of No-fault Divorces
Prior to 2012, New York law made it extremely difficult to residents to successfully file for divorce. The state required that all couples file on fault-based grounds, such as inhumane treatment, abandonment, adultery, or imprisonment. Fortunately, the Empire State has caught up with…
Child Support Obligation Add-ons
When it comes to child support, absent another agreement by the parties, the amount of support required from each parent is dictated by the Child Support Standards Act, or CSSA. The act takes the combined gross income from both parents, minus specific statutory…
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