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What is a Prenuptial Agreement?

Whether to enter into a prenuptial agreement, also known as an antenuptial agreement, is an important decision for two individuals who are getting married. A prenuptial agreement is a contract which dictates how marital assets will be divided, and can even set out alimony amounts and issues regarding children. If two individuals choose to enter into an agreement, it is important to understand the requirements and possible challenges.

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Marital Privileges During a Criminal Trial

When a witness takes the stand in a criminal trial, generally they are required to testify. There are certain confidential relationships under state and federal law which prevent a witness from being compelled to testify. These include the well-known attorney-client and doctor-patient privileges. Privileges are granted by law and are not Constitutional rights like the 5th Amendment, which protects against self-incrimination.

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Amendments Change how Division of Assets and Post-Divorce Maintenance are Calculated

The amendments to Domestic Relations Law §236 are now applicable law since the New York Legislature and New York Governor Andrew Cuomo passed them last year. Improving spousal maintenance guidelines has been an ongoing discussion since 2010, culminating in the new changes. The amendments mark a compromise between lawmakers, advocates, and various family law rules committees.

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Repercussions of Adultery in Criminal and Family Law

Many would be surprised to know that, in New York State, adultery is a crime. In addition, adultery is also one of the four grounds for divorce. So, if you or someone you know is thinking about adultery, know that there are criminal law and family law implications.

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Child Custody Disputes

Although actress Kelly Rutherford’s battle with her ex for custody of their children is widely publicized, custody disputes occur every day to parents who aren’t celebrities. In that case, Rutherford has been attempting to gain sole custody after her ex had permanently moved to Europe. The custody battle has been on-going since 2009, even before the birth of their second child.

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Proposed Change to Law Would Allow for Personal Information from Matrimonial Actions to be Redacted in Civil Cases

In matrimonial actions, some of your most personal information is brought to light in the courtroom. This information may be used subsequently in proceedings brought in civil court. A recently proposed amendment to a New York law would allow for greater protections of confidential information of any documents, testimony, or evidence derived from a matrimonial action if it were to be used in a Supreme or County Court action.

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What is a Cohabitation Agreement and Do You Need One?

Nearly everyone has heard of prenuptial agreements and even post-marital agreements. Not everyone, however, may be familiar with cohabitation agreements. These are agreements between those who cohabit or live together without the legal benefit of marriage.

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The Complexity of Second Divorces

As quoted by many sources, the divorce rate hovers around 50 percent for first marriages in this country. Second marriages have an even higher rate of divorce, generally stated to be around 67 percent. That means more second-timers file divorce petitions and these are often older people, many of whom are retiring or approaching retirement.

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What Happens to a Married Couple’s House During Divorce?

Interest rates are at historic lows and divorcing couples and people in general are buying and selling homes in increasing numbers. This exasperates the already common question – “What happens to a couple’s home during their divorce?”

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