Family Court vs Supreme Court – The Cost Benefit for Custody Proceedings

Even Miranda Priestly had to go to think about the best option to get custody of her twins so why wouldn’t you?  Different costs and benefits exist in a decision to start the dissolution of your family unit in family court versus supreme in a New York Custody battle.  As I mentioned in a priorContinue reading “Family Court vs Supreme Court – The Cost Benefit for Custody Proceedings”

When is a Child Support Modification a Bad Idea?

You see your ex in a brand new car and you rush to file a petition for an upward modification of child support in family court. What could possibly go wrong?  A Child Support Modification is typically allowed every three years, when the party’s income changes by at least 15% and only with a substantialContinue reading “When is a Child Support Modification a Bad Idea?”

The Heightened Fidelity Requirement in Spousal Contracts

Contracts between spouses have a more heightened requirement for fidelity, otherwise known as loyalty, than do agreements between non spouses such a prenuptial agreements. Unlike a prenuptial agreement, spousal contracts occur after the parties have pledged some kind of fidelity to one another through a ceremony or by the act of getting a civil marriage.Continue reading “The Heightened Fidelity Requirement in Spousal Contracts”

How Divorce Jurisdiction Can Be Determined by Your Shoes

Sounds crazy but it happened. The couple lived a bicontinental jet set life. The wife tried to commence the divorce in New York County because, unlike Manhattan, Monaco does not have a concept of shared marital property. The husband contested that the New York jurisdiction was the couple’s primary residence. One of the arguments madeContinue reading “How Divorce Jurisdiction Can Be Determined by Your Shoes”

The Difference between a Contested and Uncontested Divorce

What is the difference between a Contested and Uncontested Divorce in New York? One is cheaper and quicker to accomplish if done correctly. The other can be an arduous painful process lasting years and leaving the wary and unreasonable possibly bankrupt. An Uncontested Divorce is one where both parties voluntarily sign an agreement which resolvesContinue reading “The Difference between a Contested and Uncontested Divorce”

Why Can’t You Get a Divorce in New York Family Court?

It seems obvious that family court should handle all things family but in New York Courts that is not true. According to the New York Family Court Act Section 115, the Family Court has exclusive original Jurisdiction or control, over the following: child abuse and neglect proceedings child support proceedings proceedings to determine paternity andContinue reading “Why Can’t You Get a Divorce in New York Family Court?”

Why The Best Interests of Your Children in a Divorce Are Not Your Interests

When a married couple with minor children seeks a divorce they often forget that their interests are not automatically aligned with the best interests of their child. If they cannot agree on a custody and visitation arrangement, the Court steps in to protect the children by appointing a children’s attorney aka guardian ad litem andContinue reading “Why The Best Interests of Your Children in a Divorce Are Not Your Interests”

The Changing Attitude Towards Prenuptial Agreements

The prenuptial agreement long carried with it a connotation which was repulsive to young couples just starting out on the adventure called marriage. However, now as couples are getting married later and bring more equal assets to the marriage, they see the document as a wise move. Why might a prenuptial agreement be a wiseContinue reading “The Changing Attitude Towards Prenuptial Agreements”