In young couples and/or childless couples, custody of pets has been a sore subject that has come up in my practice. Pets are interesting because they are not children, but they are not exactly purely personal property either. Custody over a mini dachshund named Joey was at issue in the interesting case of Travis v. Murray, 42 Misc.3d 447 (Sup. …
Child Custody and Visitation Disputes that Cross State Lines
The Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) is followed by the State of New York and is codified in New York’s Domestic Relations Law Sections 75-78. Its applicability is with child custody and visitation disputes that cross state lines. The family law community regularly uses the statutory acronym UCCJEA – hopefully this post will dissect some of the …
How Organization Can Help You Save Money in Your Divorce
I help people through the emotional, life-changing experience of a divorce. A new chapter awaits on the other side. But first, the parties have to get through the divorce process. There is a lot of financial transparency in a divorce. The parties each have the legal right to financial disclosures from the other party. If the parties choose to go …
Looking for Pro Se Assistance on Your New York Divorce?
The New York State Unified Court System as a nice instruction guide to help pro se litigants file their divorce papers. You can find the booklet here. I am also available on an hourly basis for pro se assistance. Whether you want to speak about your legal rights or want an attorney to review the final documents before submitting them …
Workshops Available at FamilyKind on the Upper West Side in New York City
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 …
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 …
Completed NY Child Custody & Visitation Mediation Training
This weekend I completed New York child custody and visitation mediation training in Queens at Community Mediation Services, Inc. It was a complementary training to my divorce mediation training this winter with the New York Peace Institute. I am continually impressed by the quality of the education at our Community Dispute Resolution Centers (“CDRC”) in the state of New York. …
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 …
Overview of the “No Fault” Divorce Ground in New York
As a matrimonial attorney, I receive a lot of questions about “no fault” divorce law. No fault law in New York did not remove the need for a “ground” in order to be divorced. In other words, New York has been and still is a “grounds” divorce state. Until October 12, 2010, there were only six grounds for divorce in …
Fridays With Cari: Getting Divorced in New York
We’re here. The last Fridays with Cari webinar (in this series) will be on Friday, February 24th from 2-3pm. I will be giving an overview of the New York divorce process. I will briefly explain court procedures, stages in litigation, the differences between contested and uncontested divorces, grounds for divorce, no fault divorce law, conversion divorce, the Child Support Standards …