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 …
Helping Your Children Survive a Divorce
I recently came across this Parent’s Handbook from the New York State Parent Education and Awareness Program. If you are currently going through a divorce or separation with children, I recommend reviewing the handbook. I especially liked the section in the handbook when it talks about the emotional effects of children in different age groups. I am not a parent …
“Contested” vs. “Uncontested” Divorces – So What Exactly is the Difference?
In New York, a contested divorce is one where the parties do not agree on whether or not to get divorced, on what the grounds for divorce will be, and/or on all or some of the ancillary issues to the divorce including but not limited to durational/rehabilitative spousal maintenance, child support, and equitable distribution. All or some of the issues stated …
Licenses, Degrees, and Professional Practices/Businesses in NY Divorce Actions
New York uniquely classifies a spouse’s enhanced earning capacity (a professional degree or license) or professional practice or business as an asset for equitable distribution purposes. In order for enhanced earning capacity or interest in a business or professional practice to be considered during equitable distribution, it must be “marital property.” For example, a license or degree is marital property …
Animal Law Mediation
I was recently asked whether I handle animal law mediation. And the answer is, “why yes I do.” I am a previous member of the New York State Bar Association Committee on Animals in the Law, New Jersey State Bar Association Committee on Animal Law, and the New York Lawyers’ Association Committee on Animal Law. I have also had …
Overview of Equitable Distribution in New York
New York courts in a matrimonial action uses the term “equitable distribution” to describe how the assets will be divided between the two spouses. The term “equitable distribution” refers the equitable (not necessarily equal) distribution of marital assets upon a divorce. (When I tell my clients that the court divides things “equitably” not not necessarily “equally” I get a …
Why You Might Want To Consider Virtual Mediation Via Skype
I recently read this blog post and it made me think: why would someone prefer “virtual mediation” via Skype or some other video conferencing tool? Lots of reasons. Here are a few: 1. Travel Time/Expense. Perhaps you are a food or agriculture producer or agribusiness owner and do not live/work around New York City. Or perhaps you live in New …