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Category Archives: FAQs
How Are Retirement Accounts Divided in a NYC Divorce?
Retirement accounts and pensions built during a New York marriage are marital property, and a court can divide the marital share between both spouses through equitable distribution. The part you earned before the wedding almost always stays yours. The part that grew during…
How Is a Business Valued in a New York Divorce?
A business owned by either spouse during a New York divorce is valued by a neutral appraiser who calculates its fair market value. The marital portion is then divided as part of equitable distribution. Most business owners hear the word "divorce" and immediately…
What Does an Attorney for the Child Do in a Custody Case?
An attorney for the child is a court-appointed New York family law attorney who represents your child as their own client in a custody case. They do not represent you. They do not represent the other parent. Their entire job is your child's…
What Should a New York Parenting Plan Include After Divorce?
A New York parenting plan should spell out the custody schedule, who makes which decisions, how holidays and vacations are split, how parents will communicate, and how disputes get resolved. The plan needs to be detailed enough that two parents who no longer…
How Do You Modify Spousal Maintenance in New York?
You file a modification petition in the same court that issued your original spousal maintenance order. Then you prove a substantial change in circumstances. Without that proof, the amount stays the same. Most people learn that the hard way. They lose a job,…
How Do New York Courts Decide What Is in a Child’s Best Interest
It depends on the child. New York judges decide custody based on whatever will best protect that specific child's health, safety, and emotional well being. There is no checklist. There is no formula. There is a careful look at every part of a…
How Do You Enforce Visitation When the Other Parent Refuses
You enforce visitation in New York City by going back to Family Court and filing a violation petition against the parent who is blocking the order. The court can order makeup time, fines, supervised exchanges, and in some cases jail time or a…
What Issues Are Unique to Same-Sex Divorce in NYC?
What Issues Are Unique to Same-Sex Divorce in NYC? In many cases, the hardest part is not the basic divorce law. It is how that law applies to a family whose real history started years before legal recognition caught up. For many people…
What Custody Rights Do Fathers Have in a New York City Divorce?
What custody rights do fathers have in a New York City divorce is one of the first questions many dads ask when separation becomes real. In New York City, fathers and mothers start with equal rights under the law, and a judge decides…
What Happens at a Forensic Custody Evaluation in NYC?
A forensic custody evaluation in New York is a court-ordered mental health assessment. It helps a judge decide which custody arrangement is best for the child. Most parents hear those words during a contested custody fight. It feels invasive. Someone is going to…
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