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Holiday Visitation Disputes
The holiday season, often seen as a time of joy and togetherness, can become a contentious period for divorced or divorcing parents who...


A GRANDPARENT’S RIGHT TO SEE A GRANDCHILD
You are a grandparent and love and enjoy your grandchildren, but now you are prevented from visiting and developing your relationship...


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...


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...


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...


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...


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...


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...


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...


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...


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....


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...


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...


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...


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...


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...


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...


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...


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...


… 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...
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