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 …
Would Love Your Recommendation for the ABA Blawg 100
To my beloved readers… It’s that time of year again when the American Bar Association (“ABA”) is searching for the best 100 law blogs (“blawgs”). Last year, I made the coveted list and would love to do again.. but can only do so with your help. If you are a fan of this Food, Farm & Family Law Blog please …
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 …
Three Years and the Fun Keeps Coming…
Happy Third Year Anniversary to this blog! Seems like just yesterday I was writing this second year anniversary post. Time flies when you are having fun! It’s been an exciting third year of this blog. Here are a few highlights: 1. This law blog (“blawg”) made the American Bar Association’s (“ABA”) Top 100 Blawg list. Nominations for 2012 are right …
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 …
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. …
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 …