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Articles Posted in Trials

Parents-adventure-300x200Recently, I’ve been publishing bullet-point guides on the topic of parenting time and visitation in child custody and divorce cases. So far, we’ve covered a lot of different points that may arise during these complex cases. In this segment of our guide, we’ll be looking at a quick snap shot about appeals, and when orders may be upheld, or reversed.

In the New York courts, decisions made about child custody, visitation, and parenting time rights must always focus on the “best interests” of the children standards. This means the courts will carefully consider all of the circumstances of the case, before issuing an order considered to be in the best interests of the child or children involved.

Of course, there will be occasions when the parents in a divorce or separation case will not agree that the order is right for the child. When this happens, parents may choose to work with a child custody attorney to appeal the decisions made by the court. Continue reading ›

familyfloor-300x200In child custody, visitation, and parenting time cases, a lot of issues can come to the surface. While any family law case can be a complicated and emotional experience for everyone involved, cases which include children are often particularly difficult, because everyone has strong opinions about how the case should be settled.

In many cases, I find that parents end up agreeing to their own idea of the perfect parenting time and visitation strategy through mediation with a professional like myself (when I am a mediator for the parties, I am neutral and meet and speak with the couple together from the outset and throughout). This agreement can then be given to the courts for their approval. However, in other circumstances, for couples that choose litigation as their divorce process, the case may need to go to the courts. In this bullet-point guide series, we’re looking at some of the major factors parents and other parties may need to know when addressing parenting and visitation time cases.

In this section, I’ll be talking about forensics, and when they might be ordered by the courts to help with making decisions about a child’s wellbeing. Continue reading ›

Parents-Waving-300x200Parenting time and child visitation cases are often some of the most complicated for any family to deal with. Unfortunately, when two parents get a divorce, or decide to separate, decisions need to be made about how the custody of the child should be split between the two people.

In many cases, it’s possible for two parents to come to an agreement based on the perceived best interests of the child. Unfortunately, after a while, one parent or another might decide that the order of child visitation or parenting time is no longer appropriate for the situation. This is when people come to Child custody lawyers like me for help requesting a modification.

In this section of our parenting time bullet guide, we will be looking at occasions when the courts may dismiss a request for modification for custody and parenting time without a hearing. We will also be touching on sobriety as an issue for visitation cases. Continue reading ›

Kid-Piggyback-300x238Welcome to another addition in this bullet point guide on parenting time and visitation in family law. As you may know if you’ve read some of the other blogs on this website, parenting time and visitation issues are a common cause of arguments and unrest in many divorce and separation cases. People are often unwilling to compromise when it comes to seeing their children.

Often, it’s difficult to determine when the “right” time might be for visitation to a non-residential custodial parent. I have worked with countless clients in the past who have preferred to use their own schedules, rather than pre-set suggestions common in the legal landscape.

Today, we’re looking at how parenting time can be affected by considerations like school nights, and even difficult global situations. Continue reading ›

FamilyOutside-200x300Welcome to another segment in our series of Parenting Time bullet point guides. Over the last few months, I’ve been creating a series of helpful curated guides, taking information from elsewhere in this blog, and placing it in a more consumable format. These bullet-point guidance documents are intended to offer quick answers to questions you might have about aspects of family law.

In this series, we’re looking at parenting time and visitation – a concept that has some different nuances in family law. Any case which involves the care of a child is often exceedingly difficult for any parent to deal with. This is why it’s so important to be aware of your rights, and the kind of decisions you’ll need to make in these situations.

This part of our parenting time bullet guide will cover the topics of parent education and defining the “primary caretaker” in a family law cases. Continue reading ›

Couple-Home-300x200For some time now on this blog, I have been publishing these bullet point guides, which are a blend of my blogs over the years, as a solution for people who need to learn more about divorce. The end of a marriage is a complicated thing, and the complexities of your case may begin to feel overwhelming when you’re approaching litigation for the first time. These bullet guides aim to provide an easy-to-access way to answer some of your most pressing questions.

In this bullet point guide, we will be looking specifically at marital and separate property in divorce equitable distribution, as well as the role that taxes might play in separating assets. We will also touch on the decisions to be made about business ownership during a New York divorce.

Defining Marital and Separate Property

As mentioned in previous blog posts and guides, the process that New York courts use to distribute assets between two parties in a divorce is called equitable distribution. This process involves sharing “marital assets” based on what the court considers to be just and fair.

  • Marital assets are broadly defined by the New York law for Domestic Relations as property obtained after the date of the marriage and before a separation agreement is executed, or the filing of a divorce case.
  • Separate property is not included in equitable distribution considerations under the Domestic Relations Law. Separate property is anything that was kept separate and either acquired before the date of the marriage, or the property that was received by one party as a gift or inheritance. Sometimes, personal, or separate property may also include personal injury awards.
  • In New York divorce cases, marital property can include a range of things, including retirement and pension benefits acquired within the marriage, automobiles, real-estate, furniture, stocks, bank accounts, and even business components. All marital property must be equitably distributed according to the laws of New York, unless there is an agreement otherwise.
  • When determining how to divide marital property between two spouses, the courts will often consider a variety of things, including the current income of each spouse, their age, their earning potential, their health, and the contributions that each person made to the marriage, both financial and otherwise.

Continue reading ›

Outsidequarrelcouple-300x200If you’ve been following my blog over the last year or two, you’ll have noticed that I’ve been systematically sorting through various articles I’ve done over the years to bring you an easy-to-follow list of guides on things like divorce mediation, litigation, and beyond.

Right now, I’m discussing divorce litigation, which is one of the most complicated topics for many couples to deal with. Litigation can be a difficult process at the best of times but understanding the basics of how decisions are made, and issues are overcome can help you to move through the process with as little stress as possible.

Today’s bullet points will cover some important ideas in divorce litigation: namely, equitable distribution, and what kind of things might change what a court sees as “fair”. Continue reading ›

Negotiationpic-300x207Lately, I’ve been frequently adding new updates to my blog as part of a bullet point series on divorce litigation summarizing the more in-depth articles I posted over the years. These bullet point guides aim to offer a quick overview of some of the most common questions and concerns that emerge in litigation.

Though litigation is only one option when it comes to getting court orders or making agreements in a divorce process, it is a common choice, particularly when at least one of the sides of the case will not negotiate or mediate. However, there are a lot of rules and guidelines to be aware of before you move into the litigation process. Today, we’re going to be looking at residency requirements for a New York divorce, and whether it’s possible to withdraw a divorce in litigation. Continue reading ›

Unhappy-couples-300x200Recently, I’ve been updating my blog with a series of bullet-point guides intended to help people who want to learn more about divorce litigation. This area of law can be a very complicated one for many people, and it’s often difficult to find the answers to all the questions you might have.

This bullet-point series bring together some handy insights on divorce litigation that I have written about over the years, and the concerns that might arise during a case. In this particular bullet point list, we’ll be looking at the concept of marital debt, and how it could be divided in a divorce – just like marital assets.

We’ll also look at the family home, and how the courts approach splitting the value of the home between partners. Continue reading ›

Cross-Exam-300x199Divorce attorneys use specific techniques aligned to a certain structure when presenting a case for New York divorce litigation. These presentations often start with an opening statement, where the attorneys on both sides present the case to the court, allowing the judge (there are not juries in matrimonial and family law in New York) to get an insight into what the argument is about.

Divorce litigation trials progress after opening statements with things like direct examination, cross examination, re-direct and re-cross of witnesses. Today, as the ninth guide in our bullet point series for divorce litigation, we’ll be summarizing some of my more in depth articles over the years covering the concepts of storytelling throught direct exam, cross-examination, and closing statements – and the role these things play in the success of a case.

Storytelling and in Divorce Litigation

Continue reading ›

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