The concept of ‘no fault divorce’ is so common that litigants may not be aware that certain states still allow a spouse to file a divorce based on fault. No fault divorce only became widespread law in the 1980s after President Reagan signed it into law. Before then, most parties had to prove a groundsContinue reading “Adultery and Other Grounds in a New York Divorce”
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The Benefits of Marriage According to A Divorce Attorney
People choose to get married for a variety of reasons. In today’s age most people claim it is for love. With so high a divorce rate, why bother getting married? Diana Arnone Esq. of Diana Mohyi Attorney at Law, a New York Divorce Lawyer explains the benefits. The law has evolved based on the socio-economicContinue reading “The Benefits of Marriage According to A Divorce Attorney”
The Risk of Failure to Disclose in Divorce & Family Law Proceedings
Discovery exchange is a long established requirement of U.S. court proceedings. Each side is generally required to exchange material relevant to the prosecution and defense of a court case. What are some typical risks of ignoring these disclosure demands in divorce and family law proceedings? Dismissal of the Petition. Where a petitioner failed to provideContinue reading “The Risk of Failure to Disclose in Divorce & Family Law Proceedings”
When Can A New York Prenuptial Agreement Be Overturned?
Generally correctly drafted and executed prenuptial agreements do hold up in New York Courts. However, there are ways to attack a prenuptial agreement in order to keep it from being enforced. The avenue to do so is typically at early stage motion practice and negotiation of a resolution of the case. Which is why itContinue reading “When Can A New York Prenuptial Agreement Be Overturned?”
How Does Domestic Violence Impact Equitable Distribution in a New York Divorce?
Domestic Violence can impact the financial aspects of a divorce in New York. It is similar to getting damages for personal injury however the victim is not required to show just physical harm. New York recognizes that domestic violence can also include emotional abuse and Courts find it to be even more egregious if itContinue reading “How Does Domestic Violence Impact Equitable Distribution in a New York Divorce?”
How Inflation Impacts Divorce and Other Family Law Practice
A family law attorney must consider the expenses that the client currently faces and will face post-divorce or other custody related proceedings. New York State only sets a new cap for child support and maintenance on a yearly basis. Therefore if the cost of goods gets dramatically higher in the course of a year, thereContinue reading “How Inflation Impacts Divorce and Other Family Law Practice”
What to Show a Court to Avoid a Finding of Willful Violation of Child Support?
In New York, the Family Court has the authority to impose incarceration and even probation in the event that child support is not paid and the Court finds a willful violation of the support order occurred. See, MATTER OF BERMEJO v. SUQUILANDA, 202 AD 3d 1080 [2nd Dept. 2022]. How do you show the FamilyContinue reading “What to Show a Court to Avoid a Finding of Willful Violation of Child Support?”
What are the New York Maintenance Guidelines?
Are you looking for a straight forward chart which provides simple guidelines which allow litigants to estimate how much spousal support / maintenance a Court might award? In New York such a chart exists. It is applicable to final awards of maintenance not interim pendente lite awards granted during ongoing litigation. Although it is notContinue reading “What are the New York Maintenance Guidelines?”
Why Divorce and Custody Trials Outcomes Are Complicated
Even if you believe you have the best possible case to bring before a Court, you can still lose. It is difficult to lose a case that you have worked so hard to prepare for. The law can be on your side and you can have plenty of evidence to present. However, in the endContinue reading “Why Divorce and Custody Trials Outcomes Are Complicated”
What is the Purpose of An Attorney for the Child in a Divorce?
In New York a Guardian Ad Litem (“GAL”) can be appointed to represent the interests of a child in a Divorce or Custody proceeding. The GAL is usually a lawyer who is subject to ethics rules. The Guardian Ad Litem can also act as the Attorney for the Child and appear in Court to fileContinue reading “What is the Purpose of An Attorney for the Child in a Divorce?”
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