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Domestic Violence and Divorce

Oftentimes, domestic violence is a common contributor to divorce. Domestic violence includes:

  • Physical abuse;
  • Sexual abuse;
  • Emotional abuse;
  • Stalking;
  • Threatening; and
  • Harassment.

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Having a Business Valued During a Divorce

Owning a business during a divorce may lead to some contentious issues, especially when one person seeks to hold a stake in the company while the other chooses to relinquish control of his or her stake. Ordinarily, a spouse that wants to maintain control over the company will seek to value the business at a low amount while the other spouse seeking to give up control may want to value the business very high. For this reason, it makes it very difficult for both parties to agree on the valuation.
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From the Proposal to the Prenuptial Agreement

A prenuptial agreement is a contract entered into prior to marriage and is designed to protect both parties. This agreement sets forth the way in which marital property will be divided in the event that the parties get divorced. It may also include the party’s financial obligations to one another, as well as any other requirements the parties wish to include. Continue reading From the Proposal to the Prenuptial Agreement

You Didn’t Pay Child Support, Can the Other Parent Refuse to Allow Visitation?

The court system views child support obligations and child custody orders as two distinct and separate issues. Child support is generally ordered to a non-custodial parent to help support the child’s custodial parent in order for the child to be able to receive necessary care. Whereas, child custody orders are typically not withheld from either parent, absent abuse, neglect, or drug use, as the court believes that each parent has a natural right to see and spend time with their own child. Therefore, just because the non-custodial parent has not paid child support does not mean that the custodial parent has a right to refuse the other parent’s visitation rights. Continue reading You Didn’t Pay Child Support, Can the Other Parent Refuse to Allow Visitation?

Annulments: Void Marriages vs. Voidable Marriages

Divorces and annulments are commonly seen as similarly situated ways to end a marriage, but they are actually quite different. An annulment differs from a divorce by essentially “erasing” the marriage in its entirety. An annulment can only be decreed when certain criteria are met, and when that criteria is met, the marriage is assumed to have never occurred. Furthermore, while some divorces need not be addressed with a legal proceeding, annulments must always be declared with a legal proceeding. Continue reading Annulments: Void Marriages vs. Voidable Marriages

Uncontested Divorce

Getting a divorce is never easy, especially when children are involved and assets must be divided. Oftentimes, these divorces can be complex and contentious. A divorce may be either contested or uncontested. A contested divorce is where one spouse does not agree to pursue a divorce whereas an uncontested divorce is when both parties agree. In New York, an uncontested divorce happens when: Continue reading Uncontested Divorce

What Say Does a Child Have in Custody Arrangements?

Court ordered custody arrangements can either be argued for in the Supreme Court of New York or in Family Court. When a case for divorce is brought forward in the Supreme Court of New York, the child custody arrangement will also be presented at that time. Whereas, in Family Court, a child custody case is brought forth because the parents have never been married, but there is a disagreement surrounding who will care for the child. In either the Supreme Court of New York or Family Court, the presiding judge will allow the child a chance to voice their own opinion about who they believe is better suited to be granted custody. Continue reading What Say Does a Child Have in Custody Arrangements?

Joint Custody and Child Support

Calculating child support can be a confusing and overwhelming process, especially if you are going through a child custody battle. One of the most common myths believed when calculating how much you may need to pay for child support is believing that if you have joint custody of your child, you don’t have to pay any child support. While the child support statute in New York is silent on the issue of joint custody, each parents’ support obligation will be based on fact-specific issues.

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Parental Kidnapping Prevention Act

Parental kidnapping is essentially when one parent relocates their child without the consent of the other parent. According to the United States Department of State, there are over 200 child abductions each year due to one parent trying to avoid, override or modify a current custody agreement. Parental kidnapping in New York is a serious offense that may result in jail time for the abductee. The Parental Kidnapping Prevention Act was enacted to deter the problem of parental kidnappings.

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What is Bigamy?

Bigamy is the act, or intention, of entering into separate marriages with persons that have a living spouse, or entering, or intending, to enter into a marriage when you have a living spouse. The act of bigamy is a class E nonviolent felony and will result in no jail time, but you may be put on probation for one-and-a-half to four years, and you may be obligated to pay a fine.

Continue reading What is Bigamy?

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