Nassau County Family Law Blog

Wednesday, February 15, 2017

Discussing Uncontested Divorce With Your Spouse

How should I broach the subject of uncontested divorce with my spouse?

Obtaining an uncontested divorce in New York can offer cost effective and timely closure to your marriage.  In an uncontested divorce, you and your spouse are in control of deciding vital issues such as distribution of assets, child custody, alimony, and more.  By agreeing to some of the most important terms of your divorce, the proceeding can move forward without the stress that so often accompanies a divorce.  Divorce is a sensitive topic, and many individuals may be reluctant to broach the subject of an uncontested divorce with their spouse.  The following is a list of talking points that can prove useful in starting the conversation about an Read more . . .

Sunday, February 12, 2017

Divorce Rates Decline in New York City

Why are fewer New Yorkers getting divorced?

Divorce filings are down eight percent in New York City, according to court records.  Divorce filings within the five boroughs dropped from 27,756 in 2015 to 25,616 last year.  Manhattan had the most divorces, with 11,274, followed by the Bronx at 4,667.  All boroughs except the Bronx experienced fewer divorce filings.  While the rate of divorce in New York remains on par with the national average, it does appear fewer NYC couples are heading to divorce court.
Read more . . .

Monday, January 23, 2017

Contested Divorce—How Long Will It Take?

How long should I expect my complicated divorce to take in New York?

A contested divorce is one in which the spouses cannot agree on some or all of the major divorce issues, such as custody, division of assets, alimony, and the like.  Contested divorces can be complex and contentious, leading to stress for both spouses.  If you and your spouse are at odds in your divorce, you may be wondering just how long your contested divorce will take.  The time frame for a contested divorce can vary widely depending on the circumstances of the case.  Some factors that will impact your divorce timeline include:

  • Whether you are willing to go through mediation;
  • If there are children involved;
  • Whether one spouse is seeking alimony;
  • The amount and nature of the property involved; and
  • How many issues you and your spouse disagree on.

Read more . . .

Tuesday, January 17, 2017

DIY Divorce: Do or Don’t?

Should I get a divorce without a lawyer?

More people today are considering divorcing without the help of a lawyer.  Several major websites exist that advertise preparation of your divorce forms without even consulting with a lawyer.  While do-it-yourself divorce may save you money in the short-term, there are several potential drawbacks that you should consider before deciding to go it alone, including:

  1. Paperwork errors:  DIY divorce papers are not tailored to your specific state or circumstances.  As such, you need to proceed with caution before using standard forms that you may find online.  These forms might contain critical errors that will get your filing rejected.

Read more . . .

Tuesday, December 27, 2016

What Happens to Frozen Embryos After Divorce?

Who gets custody of frozen embryos after a divorce in New York?

Actress Sofia Vergara of “Modern Family” is battling with her ex Nick Loeb over the fate of their frozen embryos.  The important case may set legal precedent in a field marred with uncertainties.  Vergara and Loeb went through the process of in-vitro fertilization in 2013.  Multiple frozen embryos were created and two were implanted into a surrogate, but the procedures failed.  In 2014, the couple broke up—but their relationship did not end amicably.
Read more . . .

Tuesday, December 13, 2016

A Look at Stepparent Adoption in New York

How do I get started with adopting my stepchild in New York?

Millions of families across the United States include stepparents.  Stepparent adoption is the most common type of adoption nationally, and thousands of new stepfamilies are created every day.  In New York, stepparents often seek to adopt their stepchildren to establish a permanent legal bond that will be critical to their future.

Stepparent adoptions are easier and can happen faster than other types of adoption, but like any adoption they require stringent adherence to deadlines and completion of several vital steps.  If you are a stepparent looking to adopt your stepchild, consult with a

Read more . . .

Tuesday, November 22, 2016

A Guide to Child Support in New York

How is child support calculated in New York?

One of the top issues divorcing parents face is child support.  All parents must financially support their children up until the age of 21.  If you are the non-custodial parent, you may be required to pay child support to your former spouse for the care of your children. Likewise, custodial parents may be able to seek child support for their children to cover necessary expenses.  The following is a look at some important facts about child support in New York that all parents should know.

Read more . . .

Monday, November 14, 2016

New York’s Newly Expanded Definition of Parenthood is Put to the Test

Who might be able to seek custody of a child in New York?

In August, the New York State Court of Appeals issued a monumental ruling expanding the definition of parenthood in the state. Under New York’s new law, caretakers with neither biological nor adoptive ties now have standing to seek custody and visitation rights.  While this law is celebrated as bringing New York into line with several other states and embracing modern families that may include unrelated parent-caretakers, it has presented some challenges for courts that must now determine who exactly is the parent.

Read more . . .

Saturday, October 29, 2016

Brad Pitt and Angelina Jolie Reach Temporary Child-Custody Agreement

How can I establish temporary child custody pending my divorce?

News of Brad Pitt and Angelina Jolie’s pending divorce shocked the world and had many wondering how the couple would handle custody of their six children.  Media outlets are reporting that Brad Pitt and Angelina Jolie have reached a temporary custody agreement, to last for the next three weeks.  The deal was entered into voluntarily and does not reflect any findings of the court concerning permanent custody. 

Under the temporary agreement, Pitt and Jolie have both agreed to individual counseling.  Pitt additionally offered to submit to drug and alcohol testing.

Read more . . .

Monday, October 17, 2016

NJ Judge Grants Temporary Sole Custody of Bombing Suspect’s Child to the Mother

What are the grounds for an award of sole custody in New York?

The mother of the child whose father has been charged with planting bombs across New York and New Jersey, including the Chelsea blast that injured 31, has been awarded sole custody by a New Jersey judge.  Ahmad Khan Rahami is currently facing federal terrorism charges, in addition to state charges in New Jersey for the attempted murder of police officers.  Rahami has been in court numerous times concerning custody of his child.  He has reportedly been in arrears on child support on several occasions.  In 2014, a judge approved a visitation agreement between the two parents.

Read more . . .

Wednesday, September 21, 2016

Judge Ends Protracted Child Custody Battle Between Russian Oligarch and His Ex

How are custody disputes resolved?

A Stamford, Connecticut judge recently put an end to a four-year long custody dispute between oil and real estate mogul Shalva Chigirinsky and his former wife Tatiana Panchenkova.  The couple lives in Greenwich, Connecticut and shares four children, eight-year-old twins and daughters ages nine and 15.  During a two-day custody hearing presided over by Superior Court Judge Thomas Colin, some important observations were made in the high profile case.  The judge found that the parents had unfortunately become so preoccupied with their dislike for each other that concern for the children’s best interests had gone to the wayside.  According to Judge Colin, the kids lived in a shroud of anger and hatred due to the parents’ four-year custody battle.

Read more . . .

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