What is a Postnuptial Agreement and How Could It Benefit Me?
A Postnuptial Agreement is an agreement entered into by two people who are already married. The purpose of a Postnuptial Agreement is to...
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Chelsea McGrath
Aug 5
What is a pre-trial hearing?
A pre-trial hearing is held before trial to determine the admissibility of evidence. Evidence can be tangible items, as well as...
Pierre Alcantara
Apr 15
TAPING THE CHILDREN
Perhaps the worst thing about a divorce is having to go through a custody battle for the children. If you can avoid fighting over...
Pierre Alcantara
Apr 10
How can my spouse’s retirement plan be distributed to me?
A Qualified Domestic Relations Order (“QDRO”) is the vehicle to distributing a retirement plan to a spouse. If there is a retirement...
Pierre Alcantara
Feb 27
Who is a parenting coordinator and how can they help?
A parenting coordinator is a third party the parties will hire to be a neutral decision maker. A parenting coordinator is helpful when...
Pierre Alcantara
Feb 12
I AM NOT ALLOWED TO VISIT MY GRANDCHILD—DO I HAVE A RIGHT TO VISITATION?
You are a grandparent and love and enjoy your grandchildren, but now you no longer can visit with them…you want to know if you have a...
Pierre Alcantara
Jan 10
Navigating Love and Protecting Your Finances: The Argument in Favor of a Prenuptial Agreement in New York
Discussions about prenuptial agreements often evoke mixed emotions. Considering the unique legal landscape in New York and embracing the...
Pierre Alcantara
Jan 8
HOW TO CHOOSE A DIVORCE ATTORNEY
Now that you are about to start or have been served papers for divorce, the first thing you will need is an attorney. The question...
Pierre Alcantara
Dec 20, 2023
Traveling internationally with children when the parents are separated
There will most likely come a time when one or both parents are interested in taking their children away on an international vacation....
Pierre Alcantara
Dec 6, 2023
EXCLUSIVE USE AND OCCUPANCY OF THE MARITAL HOME
Courts are empowered to award temporary exclusive use and occupancy of the marital premises to one of the parties. Exclusive occupancy of...
Pierre Alcantara
Nov 16, 2023
Can I modify my Stipulation of Settlement once it is already signed?
Sometimes circumstances arise where a spouse may wonder if they can modify their Stipulation of Settlement. If a spouse is simply looking...
Pierre Alcantara
Oct 25, 2023
IS BUSINESS SUBJECT TO EQUITABLE DISTRIBUTION?
Your spouse either had a business prior to marriage or started one during the marriage, but now you are getting divorced, and you are...
Pierre Alcantara
May 8, 2023
Can I take my Child on vacation?
No matter whether you are the residential custodial parent or not there are a couple things to note if you would like to bring your child...
Pierre Alcantara
May 1, 2023
GRANDPARENT RIGHTS TO VISITATION
If you are a grandparent, what rights do you have to visit your grandchildren? When a Court is faced with a petition from a grandparent...
Pierre Alcantara
Apr 24, 2023
AM I ENTITLED TO A PERCENTAGE OF MY SPOUSE’S BUSINESS?
If during your marriage, your spouse started a business and now you are getting divorced you may question if you are entitled to a...
Pierre Alcantara
Mar 29, 2023
What happens at a family offense petition hearing?
At a family offense petition hearing in New York, the petitioner (the person who filed the petition) must prove by a preponderance of the...
Pierre Alcantara
Mar 16, 2023
What is a Family Offense Petition?
In New York, a Family Offense Petition is a legal document that can be filed in family court by an individual who has been a victim of...
Pierre Alcantara
Mar 13, 2023
… BUT DO I GET TO KEEP THE BLING?
In the state of New York, the law considers an engagement ring as a conditional gift, where the engagement ring is a gift premised on the...
Pierre Alcantara
Jan 19, 2023
New Law Paves New Path for Unwed Birth Fathers
Last week, Governor Kathy Hochul signed into law the Parental Equity Act, paving a new way for unwed birth fathers. The Parental Equity...
Pierre Alcantara
Jan 12, 2023
Unfavorable Decisions: Differences Between a Motion to Renew/Reargue or Appeal
When a party receives a Decision or Order that they do not agree with, s/he has options. Two of those options are: 1) to file a motion to...
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