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Recent Posts in Family Law Category

  • Can a Prenuptial Agreement Become Voided?
    If you took the time to draft a prenuptial agreement before getting married, you have accomplished a family law feat that most people forget or are too intimidated to try. A prenuptial agreement can be a fantastic way to protect your assets and interests, just in case you decide that your marriage no longer makes you happy. But, like any other form of legal contract, a prenup won’t mean a thing ...
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  • The Divorce Rate in the U.S. Drops to Lowest Point in Decades
    While the overall divorce rate in the U.S has fluctuated over the last few decades, the past few years have seen a steady decline. New data from Bowling Green State University (BGSU) suggests that the divorce rate in the United States is at its lowest point since the 1970s. Researchers out of BGSU’s National Center for Family & Marriage Research have found that in 2015, an average of 16.9 out of ...
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  • Tips for Handling Child Custody during the Holidays
    Between making last minute arrangements and organizing family gatherings, the holiday season can be stressful on its own. For divorced parents, it can be an especially rough time. It is often difficult for children and parents alike to adjust to splitting a holiday and when celebrations conflict with normally scheduled custody arrangements, disputes can quickly arise. However, no matter how you ...
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  • Why should I retain an attorney for my divorce?
    The process of obtaining a divorce is seldom quick, painless, or without complication. It is difficult to navigate the seemingly endless paperwork that must be filed in the event you and your spouse find yourselves seeking to dissolve your marriage. Many websites and services exist that make the claim that divorce can be “cheap and fast”. Be warned that these claims are typically false, and it is ...
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  • Four Common Divorce Myths
    When a marriage comes to an end, spouses often look to friends and family for advice. However, a divorce can be highly situational and the average person may not have a detailed understanding of the legal process. What may have been correct in one case may not apply to all divorces. For example, laws are always subject to change and regulations often vary from state to state. Many divorce myths ...
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  • Five Biggest Divorce Mistakes to Avoid
    During a divorce , spouses will undertake the tremendously complex task of dividing a shared life. Couples must make decisions on issues ranging from child custody to the distribution of marital assets. With so much on the line, emotions such as anger, frustration, and confusion can make it difficult to know what you are supposed to do. In the heat of the moment, it can be easy to say or do ...
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  • Divorce Rates Peak during March and August
    New research coming out of the University of Washington has discovered that divorce rates within the state increase dramatically during the months of March and August. While conducting the study, researchers looked at divorce records going back 15 years, beginning in 2001. The paper is among the first to look at divorce records in this light and makes several predictions as to why divorce rates ...
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  • Queens Family Court Digitizes Its Records
    For the longest time, the American court systems, and indeed many other governmental branches, have been criticized for being unable to keep up with changing technology. The Queens Family Court has broken away from this negativity by fully digitizing its records of crates upon crates of paper files. After a 2015 blaze destroyed millions of court files in Brooklyn, the Queens Family Court update ...
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  • 6 Reasons Why You Should Not Represent Yourself in Your Divorce
    We, as attorneys, are often asked “Do I really need to hire a divorce attorney or should I try to represent myself?” The operative word in this question is try. While anyone can try to represent himself or herself in their legal matter, it is ill-advised. Below are the top reasons why you should not represent yourself in court: By Human Nature, You Are Emotionally Invested in Your Own Case Family ...
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  • Divorce in New York and Debt: What Happens to It?
    When you are married in New York State, everything that you and your spouse buy, collect, and acquire becomes marital property, unless you have some sort of prenuptial agreement that says otherwise. From your family car to even your family business, all of it becomes communal, and all of it needs to be split up fairly using equitable distribution should you get a divorce . To make it clear, ...
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  • Documents You Should Prepare for Divorce
    Preparation and thoroughness is the key to success in all facets of life, and divorce is not an exception. As you and your spouse get into the thick of your divorce proceedings, there are sure to be a slew of arguments or disagreements. The more official paperwork you have on-hand, the easier it can be to keep track of what is important and prove your point to any presiding officials. Documents ...
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  • What are the Grounds for Annulment in New York?
    While a majority of people have heard the term “ annulment ,” many people erroneously assume that it is just another word for divorce . While both an annulment and a divorce are methods of ending a couple’s marriage, an annulment takes this a step further by declaring that the marriage never existed in the first place. Unlike divorce, an annulment cannot be pursued for reasons of irreconcilable ...
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  • Modifying or Nullifying Prenups After Marriage in NY
    One of the most commonly asked questions regarding prenuptial agreements is whether or not they can be changed after a couple has married. The answer is yes, a couple can modify or even nullify the terms of their prenup if they so choose. If certain aspects of a prenup are changed, any untouched conditions within the existing terms will continue to be effective as if nothing happened. For an ...
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  • Considering Separation Over Divorce
    Divorces can seem so final because, for the most part, they are. It can be troublesome to stop a divorce once it starts and even more challenging to undo its effects once it finalizes. If you are certain that you need some time away from your spouse to settle your thoughts but are not certain you want to do so indefinitely, there is another way that is not necessarily as permanent as a divorce. ...
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  • Child Custody 101
    A divorce can often feel like a two-sided ordeal: you against your spouse. While this is understandable and connects to the roots of the procedure, this is not always the case. If you share children with your spouse, you need to be aware that they are going to get tied up in your divorce one way or another. To find the smoothest path through this process for you and your family, including your ...
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  • Update to New York's Spousal Support Law
    Being ordered by the court to pay your ex-spouse alimony month after month can be frustrating in the best of situations. Your marriage has ended and yet you can feel anchored by the past. What makes matters worse for so many divorced New Yorkers is the fact that spousal support laws in the state are notoriously convoluted. Thanks to a recent bill, most of those problems should be alleviated. The ...
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  • Relocation After Divorce
    Whether the choice to dissolve your marriage was yours, your spouse’s, or a joint decision, you both probably want to get some much-needed space between the two of you. This is natural, understandable, and even occurs during the most amicable of uncontested divorces . People just want to have that buffer zone to think and set their lives on track again. There is just one problem, though. If you ...
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  • Pope Francis Expedites Annulments of Catholic Marriages
    In a controversial – but seemingly widely-approved – decision, Pope Francis has set the stage to streamline the Catholic Church’s annulment process. In particular, lengthy appeal processes will be removed and critical decisions regarding an annulment will likely be available to lower-levels of clergy. Overall, it should take away months or years out of the annulment process for most Catholic ...
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  • Same-Sex Marriage Still Making Headlines Two Weeks In
    Over two weeks have passed since the landmark ruling on same-sex marriage , yet headlines continue to bombard the internet surrounding this very topic. An overwhelming number of them are positive, but it seems that just as many are controversial. The Supreme Court made it clear that states are not allowed to refuse to marry same-sex couples. Even still, there are those that struggle to accept this ...
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