Yearly Archives: 2015

Saratoga Child Custody Lawyer Discusses Your Spouse Giving the Kids Away for Adoption

Spouse Gave the Kids Up for Adoption

Question: My ex disappeared with my kids in the late 80s. I received a court order to pay back child support to her earlier this year. Just a few days ago, 2 of my children showed up at my door with questions about why we gave them up for adoption. I learned they were in […]

Saratoga Divorce Lawyer Discusses Options While Waiting for Divorce to be Filed

Question: I have a lawyer who I have paid to file a divorce for me.   At this time, I have no notice they have.  I don’t have money to get another lawyer, and I think that my county (Schenectady) has offerings for lawyers for those who don’t have the income to pay for them.   I […]

Albany Divorce Attorney Discusses the Difficulty of the Uncontested Divorce Process

uncontested divorce

Question: I’ve been married for 17 yrs and my husband has an issue with seeking emotional comfort elsewhere.  We have a 10 year old and I don’t want her to be dragged into a nasty divorce.  I just want out…he can have the house etc….I don’t want anything from him.  How difficult is the process […]

Saratoga Child Support Lawyer Discusses Grounds to File a Petition of Violation

file a petition of violation

Question: My ex is delinquent in child support.  He keeps going against the agreements in our divorce and purposely goes out of his way to cause me stress and anxiety.  His harassing behavior and malice have caused me extreme stress and fear. He had a restraining order recently changed to an ACOD but he does […]

Albany Divorce Lawyer Discusses Selling Your Home During a Divorce

Selling Your Home During Divorce

I am often asked as a Albany Divorce Lawyer what to do in regards to selling or keeping the home during a divorce proceeding.  The marital residence is often, but not always, the largest asset held by the parties. If one party expresses a desire to maintain and retain the house, we have to determine […]

Albany Child Custody Attorney Discusses Having an Order of Protection Against Your Spouse During Trial

I am often asked as an experienced Albany Child Custody Attorney what the court proceeding is like with an order of protection against your spouse.  If you and your spouse have Orders of Protection against each other, the court is going to look at many factors. They are going to look at whether you have […]

The Importance of Paternity Rights

When parents are married in New York State, it is presumed that the husband is the father of the child. However, when the parents are not married, the child does not actually have a legal father at the time of birth. There are two ways to establish paternity if the parents are unmarried. The first […]

What Should My Attorney Have Access to for my Divorce Case?

If you’re going to be filing for Divorce, there is a significant amount of information that your attorney is going to need. They are going to ask you questions about the history of your marriage, when you were married, how many children you have, where else you have lived, who cares for the children, and […]

The Criticality of a No-Fault Divorce

Historically, In New York State, we had only Fault Grounds for Divorce. This resulted in substantial litigation, and it was not often about the Fault Grounds for Divorce. We litigated because the parties did not agree on the financial issues, which leveraged those issues through litigating Fault Grounds. Several years ago, the New York State […]

Saratoga Child Custody Lawyer Discusses Grandparents Rights in a Custody Battle

Question: Evan is our first grandson and he spends a lot of time with us, the father now wants a forensic study done with his mother as the second parent.  We weren’t even asked to participate.  The lawyer we have hired says we have no voice in this custody hearing, and our background with the grandchild does […]

A Memorandum of Understanding

When you go through a mediation process in New York, your mediator prepares an agreement at the conclusion of the mediation. That document is called a Memorandum of Understanding, also known as an MOU. That document is not signed by the parties, and it is not a valid or enforceable separation agreement. It is a […]

Order of Protection Information

An Order of Protection is administered to keep someone that is harming you away. You can get an Order of Protection for two to five years, depending on the aggravating circumstances. Aggravating circumstances are when someone is using a weapon, using a gun, or physically harming you. Under these circumstances, the court will be likely […]