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Category Archives: FAQs
Stay Away or Refrain From Order of Protection in NY?
A New York order of protection goes one of two ways. A refrain from order of protection leaves the respondent in the home but bars abuse, threats, and harassment. A full stay away order bars all contact and presence. Family Court Act §…
How Long Does Alimony Last in NY?
How Long Does Alimony Last in NY? Spousal Maintenance Duration Under DRL § 236(B)(6) How long alimony lasts in NY is governed by an advisory schedule tied to the length of the marriage. Domestic Relations Law § 236(B)(6)(f)(1) suggests maintenance for 15 to…
What Happens to a Family Business in a High Asset Divorce?
A family business in a New York high net worth divorce is treated as property to be valued and divided, not a company to be split down the middle, and in most cases one spouse keeps and runs the business while the other…
How Is a NYC Co-op or Condo Divided in a Divorce?
A New York City co-op or condo bought during the marriage is marital property, and its value gets divided in a divorce through equitable distribution, usually by one spouse buying out the other or by selling the unit and splitting the proceeds. Equitable…
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…
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