Blog
Traps That Can Turn an Uncontested Divorce Into a Contested One
An uncontested divorce is the simplest way to end a marriage in New York State, since it is based the spouses’ mutual agreement. But even when spouses agree on the major issues, there can be friction points that slow the process, trigger court rejections or even push the case into contested territory. In New York, […]
How Dissipation of Assets Affects Equitable Distribution in New York
New York has an equitable distribution system for dividing marital property, meaning that a judge divides assets based on fairness rather than applying a strict 50/50 split. Judges look at the big picture, including whether either spouse improperly spent, hid or gave away joint assets. Among the factors weighed during equitable distribution are the following: […]
Drug Diversion Programs as Alternatives to Prosecution
Many people end up in the criminal justice system primarily because of drug addiction. For those charged with non-violent crimes, it is widely agreed that rehabilitation is a more effective, positive choice than incarceration. In fact, incarceration can too often lead people down an even darker path. Defendants whose offenses stem from addiction may be […]
How NY Courts Weigh Children’s Preferences for Custody and Visitation
Any child old enough to understand that their parents are splitting up and that they will no longer all live together likely has thoughts about what they want their own living situation to look like. When parents cannot agree on custody and visitation, the judge may ask the child about their preferences. Because testifying in […]
Hidden Financial Traps That Can Derail High-Net-Worth Divorces
A high‑net‑worth divorce is one in which millions of dollars in property is subject to equitable distribution. In addition, can involve multiple classes of assets, such as real estate, investments, retirement accounts and business interests. The size and diversity of the property at stake, and the financial consequences and tax implications, make these divorces prone […]
The “SUNY Cap” and How it Affects Child Support Obligations for College Costs
A key concern in many child support matters is parental responsibility for higher education costs. Though New York law does not compel any parent to pay for their son or daughter to attend college, courts can include terms for how educational expenses will be covered as part of a child support order. Given that the […]
Can Virtual Visitation Substitute for the Real Thing?
Work-related obligations and other demands of daily life can make it difficult for noncustodial parents to maintain a steady visitation schedule, especially when they live some distance from their child. During the COVID-19 pandemic, many families utilized digital meeting technology through providers such as Zoom, Apple, Google and Microsoft to stay connected during lockdowns and […]
New York Enacts Law Relieving Domestic Violence Survivors of “Coerced Debt”
Increased attention on domestic violence has identified numerous ways in which victims can be harmed by their partners. In some cases, an abusive spouse, roommate, lover or family member inflicts physical injuries. Other times, coercive behavior or the threat of force can compel victims to take actions that are not in their own best interests. […]
Shoppers Face Several Types of Injury Risks When Stores and Malls Are Not Careful
With the holidays approaching, stores and shopping malls are more crowded than at other times of the year. Whether people are jamming supermarket aisles in preparation for a family dinner or heading to the mall to buy presents, business owners need to be aware of potential hazards. Even a brief lapse, such as the failure […]
