Why an Annulment is Not Quicker Than a Divorce

An Annulment is the preferred route by those who do not want to carry a perceived stigma of being divorced. It is essentially ‘undoing’ a marriage rather than severing a marriage. A New York Annulment carries a burden of proof requirement not required by a ‘no fault’ divorce. Pursuant to New York Domestic Relations LawContinue reading “Why an Annulment is Not Quicker Than a Divorce”

Why the Working Girl Needs a Prenuptial Agreement to Protect Her Assets

Prenuptial Agreements are not just for successful men who marry the plastic trophy wife. ‘Working girls’ in today’s era of independence need to protect their assets before they let love carry them away. It’s important to consider a prenuptial agreement not only where you own a company but also have a professional career which generatesContinue reading “Why the Working Girl Needs a Prenuptial Agreement to Protect Her Assets”

Why It is a Bad Idea to Self-Represent in a Divorce

Some people like to cut corners and save money at every possible instance. In some cases it makes sense but in your Divorce proceeding it is the worst idea in the world. You get what you pay for. Even the old saying is true that a Lawyer who represents himself has a fool as hisContinue reading “Why It is a Bad Idea to Self-Represent in a Divorce”

Do Agreements About Child’s Religion and Upbringing Standup in Court?

Yes there is freedom of religion, but not until you are 18 years old. Child Custody Agreements which specify a child’s religious upbringing, schooling and other particulars generally do stand up in New York Courts. Therefore it is best to be careful about what you agree to in writing regarding the upbringing of your child.Continue reading “Do Agreements About Child’s Religion and Upbringing Standup in Court?”

Why You May Need the Court’s Permission to Relocate Your Child

If a New York Court granted you custody of your child, you may assume that you are entitled to move the child wherever you want to go. However, that is inaccurate. Why can’t you do what you want with your own child once you have an Order of Custody? Here are a few reasons why: Continue reading “Why You May Need the Court’s Permission to Relocate Your Child”

The Danger of Transmutation: Changing Separate Property into Marital

You may have thought that separate property can never become marital property but that is a fallacy. It can easily be done when someone fails to think properly about the consequences of changing the form of assets or their location. How could you possibly change separate property like inheritance into marital property? It’s called transmutation.Continue reading “The Danger of Transmutation: Changing Separate Property into Marital”

When do a child’s actions cause child support payments to end?

In New York, Children can be removed from child support, otherwise known as emancipated, for a list of reasons. Typically the reasons have to do with the lack of need to support the child because the child has taken on adult behaviors or is self supporting. But there are other reasons.  The following are typicalContinue reading “When do a child’s actions cause child support payments to end?”

What is the difference between legal and physical custody?

Legal and physical custody are the different legal rights that a parent has over a child. However, one should not get too attached to the meaning of being granted legal or physical custody because in the end both parents have a right to be involved in the child’s life assuming a parent is not dangerousContinue reading “What is the difference between legal and physical custody?”

Genetic Donor Pitfalls: Why You Don’t Donate Sperm by McDonalds Cup And More…

Generally the requirement to pay child support is not based on whether you married the mother but on your genetic link to the child. Improper donation of genetic material can cause you a lifetime burden and a huge never ending headache because you may be responsible for the child that it becomes apart of. YouContinue reading “Genetic Donor Pitfalls: Why You Don’t Donate Sperm by McDonalds Cup And More…”

When Does the Mother Not Get Custody?

For decades it was common for the mother to automatically get custody of the children. The result was so frequent that the perception became that it was purely the fact that the mother was the birther of the child that caused the result. However, there are reasons why the mother may not always get custody.Continue reading “When Does the Mother Not Get Custody?”