This is the second post in a series on equitable distribution in New York. The first post addressed the first two steps in a four part equitable distribution analysis. This post will address the third step. The third step in an equitable distribution analysis is the valuation of assets and liabilities. The dates used to [Read More]
In a New York matrimonial action the equitable distribution of property requires a four step analysis. This post will examine the first two of these steps in order. The final two steps will be discussed in two additional posts. The first task in an equitable distribution analysis is the identification of assets and liabilities. Each [Read More]
Every now and then a custody case comes along where a parent proposes to separate siblings. The reasons that I have heard put forth for such an idea invariably are lame and have more to do with the parents' problems rather than what is best for their children. Not surprisingly, as a general rule, courts [Read More]
Custody cases in general are among the more difficult domestic relations cases. Custody cases that involve children with special needs are even more challenging for parents and attorneys. Courts have recognized the "unique challenges" presented by children with special needs and the case law reflects that in custody cases involving special needs children those special [Read More]
New York adopted temporary maintenance guidelines in 2010. Since their introduction these guidelines have been the source of a significant amount of litigation. The statute contains a formula for the calculation of the presumptive amount of temporary maintenance. It also states that a court may deviate from the presumptive award under the temporary maintenance guidelines [Read More]
In New York marital property is subject to equitable distribution in a divorce action. So it is important to know exactly what marital property is. It also is important to understand this concept before one gets knee deep into a divorce action. Marital property is defined as any property acquired by either party during the [Read More]
An annulment is a legal action that determines that the marriage is not legally valid. A divorce terminates a valid marriage. You do not hear of many marriages being annulled in New York and that is because there are very few that are. Since the stigma of divorce long ago vanished, few people look to [Read More]
In our age where the moral stigma of divorce is almost gone, there is still a certain stigma to adultery. Although people who have affairs no longer are branded with a scarlet letter, most people are a little leery of those people whom they know to have affairs. Maybe we trust them less or we [Read More]
After seventeen years laboring in the pit of despair that is the Family Court, I know that I have not seen it all, not do I ever wish to. However, there is not too much that shocks me anymore. Nevertheless, I was really blown away to see what sort of nonsense they entertain in New [Read More]
All too often kids are the victims in divorces and custody battles. Protecting kids from the conflict between their parents is among the most important things parents can do for their children. There are some resources available to help parents with this. One of these is the State of New York Parent Education and Awareness [Read More]