As my readers know, not only am I a food and agriculture lawyer but I also have a family and matrimonial law practice. I wanted to point out a helpful organization here in New York City for you folks who may be going through a separation or divorce: FamilyKind. It offers separate classes for adults, children and teens to better …
Supervised Child Visitation in New York
When one parent (the custodial parent) has physical custody of a child, the other parent (the non-custodial parent) usually has visitation rights (i.e., “parenting time”). There is an assumption that a parent has a right to unsupervised visitation with his or her child absent any threat to the child’s wellbeing. However, if the court finds that there is a threat …
Ask Cari: “When Can I Obtain an Order of Protection in NY Family Court?”
Family Court and Supreme Court has concurrent jurisdiction on family offenses. An indigent person may receive court-appointed representation in Family Court if they are under a certain income threshold. Family Offenses are crimes; therefore, Criminal Court also has jurisdiction over family offenses. In order for one party to bring a family offense petition in Family Court, one of the following …
Ask Cari: “Can I Leave the Marital Home Before the Divorce is Commenced?”
I am frequently asked this question during divorce consultations. There is a fear out there due to the law of abandonment that a spouse will hurt his/her legal position in a divorce if he/she vacates the marital home before the divorce is commenced. “Actual abandonment” is still a ground for divorce in the state of New York; however, the departure …
A Few Thoughts on Matrimonial Agreements
Matrimonial agreements are always encouraged, especially with divorces. When people enter into an agreement as opposed to getting an order from a judge, it is more likely that they will comply with the agreement. Any type of matrimonial agreement is a contract and can be enforced by court action just like any other civil contract. Matrimonial agreements may discuss the …
New Member of the Family & Divorce Mediation Council of Greater New York
As noted in previous posts on this blog, I have a growing divorce and family law mediation practice. I wanted to take a moment and note my membership of the Family & Divorce Mediation Council of Greater New York. If you are looking for a divorce or family law mediator, I recommend reviewing the Member Directory.
The Collaborative Divorce – The Right Fit For You?
Collaborative law is an alternative to a lengthy, expensive, and adversarial litigation process. Couples, with the assistance of their attorneys (and sometimes other professionals), make joint decisions regarding the dissolution of their marriage. In order for the collaborative process to work, both the husband and wife must agree to work effectively together to reach goals that satisfy both parties. Trust …
How is Durational Spousal Maintenance Calculated in New York?
Pursuant to a divorce, spousal maintenance may be awarded for life, not at all, or for a fixed period of time. In New York, lifetime maintenance is awarded in extremely rare circumstances. Durational maintenance is awarded to the lesser-monied spouse of a divorce for a defined, fixed term. The purpose of durational maintenance is to enable the lesser-moneyed spouse to …
Sibling Visitation Rights in New York
There is a presumption that a parent knows what is best for his or her child and can decide who the child sees and when. When parents divorce, siblings or half-siblings might be split and their relationships might suffer. In New York, siblings (full-blood and half-blood) have a statutory right to visitation with each other. This is outlined in New …
Relocating from New York with Marital Children After A Divorce
I love New York and I certainly don’t want to move elsewhere but I understand why someone else might. After a divorce, one parent may wish to relocate either to pursue a new relationship or to be closer to family. If there is no visitation granted to the other parent, the custodial parent can move freely. However, in most cases …
How to Legally Change Your Name in New York
It’s a new day….and time for a new last name. There are various reasons people want to change their names. This post will primarily focus on the process for changing your name incident to a divorce. Most Judgments of Divorce grant the ex-wife permission to resume using her maiden name (or surname). If this is the case, there is no …
How to Calculate Temporary Spousal Maintenance in New York
Temporary spousal maintenance is money paid from the higher-earning spouse to the lesser-earning spouse. It is typically applied during the pendency of the divorce but it can also be used as a guideline when a couple is married for relief in Family Court. I have received a lot of phone calls lately from folks whose spouse decides to cut them …