While dividing marital property is often stressful, determining who will receive custody of the children can be even more overwhelming for those going through a divorce. If you have filed for divorce or are currently going through the divorce process, you know...
Family Law
How may couples benefit from a postnuptial agreement?
Since the subject of a prenuptial agreement can be an emotionally sensitive one for couples about to marry, you may have decided not to ask your spouse to sign one. Now that you have experienced the highs and lows of marriage, you might regret not signing a prenuptial...
How difficult is it to change a custody agreement in New York?
Divorced parents may have agreed to a custody arrangement that no longer serves the relevant children well. When this is the case in the state of New York, a parent may seek a modification of the child custody agreement. In order to petition the court for a change to...
Can you rely on bird nesting?
As a parent going through divorce, you still want what is best for your child. Of course, the divorce process itself will often create great amounts of stress and disharmony in your child's life. You can potentially counterbalance that by providing stability in their...
More couples divorcing later in life
After spending years together, many marriages seem cemented. Spouses have likely seen each other at their best and worst, and they have worked through large and small issues. More and more couples in their 50s and 60s, however, have started making the difficult...
Understanding what courts consider in custody hearings
Most parents want to spend as much of their time with their children as possible. The same is true for divorcing couples. You may feel shocked to learn that what you believe makes you the best parent for your children to live with could differ from what a court...
Can your divorce disrupt your children’s behavior?
One of the hardest parts of deciding to divorce your spouse is the uncertainty of how your choice will impact your children. Inevitably, your children will experience adjustments as they learn to cope with a changing family dynamic. You may worry about how your...
Can your second marriage benefit from a prenuptial agreement?
Embarking on a second or subsequent marriage is often filled with anticipation and financial concerns. Investment portfolios, property, debt and children from previous relationships can all affect the way you view your life moving forward. Signing a prenuptial...
How does the court determine the best interest of the child?
According to the New York State Unified Court System, courts use a "best interests of the child" standard when deciding custody cases. This means the court will make decisions that best promote the child's optimum health and safety based on the pertinent factors....
How is alimony determined in New York, and am I eligible?
Alimony – also called spousal support or spousal maintenance – is a payment one spouse makes to the other during a divorce or once it’s finalized. The purpose is to allow both parties the opportunity to maintain a similar lifestyle to the one they had before the...