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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.

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What Is Emancipation?

Emancipation is a way in which a minor can be legally recognized as an independent adult. Many refer to emancipation as a “divorce from parents.” Emancipation essentially gives minors the legal right to take full responsibility for their own welfare and decisions. A minor who is looking to become emancipated will face several legal obstacles before a court can find them legally emancipated.

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Social Media During a Divorce

Today, social media has become a part of everyday life, from posting a picture on Facebook to Tweeting about a child’s accomplishment. However, social media not only affects individuals and families on a daily basis, but it can affect your divorce case, so it’s advised that you close out your social media accounts during divorce proceedings.

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A Forensic Accountant May Be Helpful in Obtaining the Proper Valuation of Assets in a Divorce

Many individuals going through a divorce often experience issues when it comes to the division of financial assets. During a divorce, marital property such as assets and debts are divided between the two parties. While an attorney can assist in negotiating the division of assets, a forensic accountant may be instrumental in assisting in complicated financial situations.

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Co-Parenting and Extracurricular Activities

Today, most children are involved in a sport or other recreational activity. However, extracurricular activities such as sports, tutoring, music lessons, and art classes, among others, may be complicated to manage when co-parenting. It’s important to come up with and stick to a co-parenting plan.

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