Articles Posted in Divorce

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Negotiationpic-300x207Child custody cases are some of the most complex and emotional in the world of family law. In order to pursue the “best interests” of the child or children involved, parents can consider a range of options. Some will consider working things out through mediation or negotiation, others may believe litigation is the most effective strategy for their needs.

In all instances, accessing the support of an experienced family lawyer is always recommended. Even in mediation, having your own consulting attorney can be a crucial part of ensuring you achieve the right outcomes in your case. However, it’s particularly important to have the right guidance if your case makes its way in front of a judge and testimony is being heard.

Divorce attorneys and child custody lawyers have the ability to use a range of methods to demonstrate their client is capable of supporting the best interests of their children. Often, this means using cross-examination and direct examination at the right moments throughout the trial.

So, what happens in cases wherein an individual may choose to represent themselves? Continue reading ›

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Caucus-Session-300x200Legal matters are complex in virtually every aspect of law. It is preferred to deal with a legal professional that has had years of training, experience and education to prepare them for your case. In the family law space, which governs cases surrounding divorce, child custody, child support, family offenses and other issues, legal professionals are also an important tool in separating yourself from the case emotionally, so you don’t make rash, dangerous decisions.

The complexity and emotional elements of family law mean most will advise against representing yourself in a separation or divorce case. Working with a family law attorney will give you access to important guidance, experience, and support when you need it most.

Most people will either hire a lawyer themselves, or have an attorney assigned to them in a case where a fundamental right such as freedom, parenting time, or custody is at stake. However, there may be other options available for those who simply can’t access professional counsel in a situation where the finances are not there to hire an up-front representative or to have a lawyer assigned to represent them. Continue reading ›

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Negotiationpic-300x207Legal experts like family lawyers and divorce attorneys can offer today’s clients a lot more than just assistance with litigation. While one of the most common ways to work with a lawyer is to hire them to help fight your case in court, it’s also possible to explore alternative ways to benefit from the insight and expertise an attorney can give.

For instance, legal professionals can act as a consultant for people attempting to generate the best possible outcomes from a separation agreement or divorce case. If an individual decides to pursue mediation as a tool for planning a separation agreement, they can avoid some of the complexities and emotional hardships associated with litigation.

However, a mediator is an objective party, unable to give direct guidance or advice on how a specific party can serve their own interests in a case. As such, clients are usually advised to seek out support from a review attorney during the mediation. The review attorney can provide legal advice and support to the client, without necessarily taking on the role of litigator. Continue reading ›

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Female-Judge-300x200The complex nature of family law or divorce proceedings means cases rarely go as smoothly as one might hope. While working with the correct divorce or family law attorney can help to make the process more straightforward, there are still cases wherein one party might strive to make the situation more difficult for the other.

In some instances, the actions of a party in a divorce proceeding, family law case or after a Judgment of Divorce has already been granted, may drive the other to seek an order charging the ex-spouse with “contempt.” This action highlights the decision of the party held in contempt to ignore court ordered requirments, or act inappropriately in a case. Continue reading ›

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Parents-adventure-300x200Child support payments are intended to ensure children can continue to receive the quality of life within the guidelines and earning abilities of the parents that is in the best interests of the children. This includes providing the child with a consistent level of schooling (education), health care, and support to address other needs.

However, there are limitations to what’s intended to be covered in a child support payment. For instance, private school or full-time religious schooling may be considered as an allowable statutory “add-on” to the support. While other things, like hobbies and extracurricular activities may be considered something that is not a statutory add on. Continue reading ›

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Coupledisputebacktoback-300x205It’s common in divorce cases for the less-monied spouse (the one with the lower income) to seek various forms of maintenance from the other spouse. It’s possible to work with your divorce or family law attorney to request both “temporary” maintenance, and post-divorce maintenance or to oppose the request for it, depending which side of the equation you find yourself.

Awards for both temporary and post-divorce maintenance are retroactive to the date of the application, and both forms of maintenance are awarded based on a specific formula. However, temporary maintenance isn’t subject to the same advisory schedule regarding duration. It’s also possible for amounts paid before a divorce is finalized to be considered when calculating the maintenance to pay.

Let’s explore some of the factors which might impact the kind of maintenance payments awarded to the less-monied spouse during divorce proceedings. Continue reading ›

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Businessdebtpicture-300x200There are a lot of important decisions that need to be made during a divorce. Separating the lives of two people, particularly after a number of years spent together can be extremely complex. Decisions need to be made not just about children and property, but in regard to crucial family planning.

It is possible, today, for would-be parents considering having a child in the future to freeze embryos, or have embryos collected for the purpose of IVF. When these couples are divorced, decisions need to be made about what to do with an embryo.

Embryos, crucially, are not marital assets subject to equitable distribution, like a house or car. Rather, the concept of contract law needs to come into play. Continue reading ›

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Arms-Crossed-200x300There are various complicated concepts which apply to legal cases in matrimonial law. Courts must consider the various components of each case on an individual basis, as the situation surrounding those involved can make a huge difference to the order made.

One possible consideration which may emerge in some postnuptial, prenuptial, separation, and stipulation of settlement cases is the choice of law clause. This is a clause in the legal world which can influence decisions of which state laws should be applied to certain cases.

Here, we’ll be exploring the concept of the choice-of-law clause, and how various factors can make a difference to which state’s laws are applied to particular family law cases. Continue reading ›

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Couple-Home-300x200Maintenance is a common consideration in many divorce cases, wherein extra support needs to be offered to a specific spouse. In many divorces, the less-monied spouse seeks temporary maintenance to help with the costs of getting legal representation and supporting themselves when the divorce is ongoing. At times both temporary maintenance and post-divorce maintenance (support given at the end of a divorce), can help to preserve a spouse’s financial wellbeing during the case and when a marriage is dissolved.

Any maintenance order given by the courts in New York, whether temporary, or post-divorce in nature, has the possibility of being retroactive. This means the party seeking support may receive payments owed backward from the moment they applied for this support. For individuals attempting to get back on track as quickly as possible, it’s important to ensure you’re getting access to all of the financial support owed.

Notably, temporary maintenance is not subject to the same advisory schedule for duration as post-divorce maintenance. Let’s take a closer look at the complexities of calculating maintenance arrears in the case of temporary maintenance. Continue reading ›

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Baby-and-Mom-300x200During a divorce or separation between parents, and for parents that were never married, there are various issues which need to be considered to ensure the long-term safety and wellbeing of the child. In New York, the courts will often do everything in their power to ensure the negative impact of a divorce, or parents that do not live together, on a child is as minimal as possible. While the end of a relationship, whatever the length (long term or a one-night stand), or a marriage between two parents can be upsetting for a child, it shouldn’t negatively influence that child’s ability to thrive in life.

Sometimes, to ensure a child continues to access the opportunities they would have had should their parents have stayed together, or to simply take care of their needs, the court will need to order child support. This payment, given to the primary caregiver or the residential custodial parent of the child, helps to ensure they can give the child the best quality of life without the presence of the other parental figure.

In most cases, child support is calculated according to a specific formula. However, certain children will have advanced or specific needs which require the standard formula for child support to be reconsidered. For children with special needs, additional considerations will often contribute to the decision of how much child support a non-custodial parent should pay. These special needs can also influence how long support is awarded for.  A law just signed into effect in New York now extends the age of child support for special needs children.  This can mean proceeding with or defending against an onslaught of child support petitions in Family Court, or post-divorce judgment motions in the Supreme Court for special needs children that have already aged out. Continue reading ›

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