Getting My Child Back with Full Custody Question: My ex-husband and I have joint custody of our 12 year old son. I live in Virginia and my ex husband lives in Upstate NY. We’ve always maintained joint custody with myself as the primary custodian. Last year my son wanted to live up in NY with…
Moving Out of New York State Question: My husband and I are thinking about moving out of state with our three children. My oldest has a different father and we all live in NY state. We both have joint custody with having residential custody, myself. Download Our Free Divorce Guide I would like to go to…
Submitting the Proper Tax Return Form the Year You Get Divorced A lot of people are concerned with the tax consequences of being Divorced, and whether or not they can file their tax returns jointly, as of the judgment of Divorce. The short answer to the question is that two people who are not Divorced…
Reworking Your Divorce Agreement There are a number of circumstances under which a person may want to modify their Separation or Settlement Agreement relative to a Divorce. If two people can agree, they can certainly draft an addendum, which can be attached to your agreement and incorporated into your Divorce. Otherwise, you can go to…
The Adjustment of a Child Support Provision If you have a Child Support order in New York State that was issued by Supreme or Family Court, it is possible that you can modify that order. You may have a Supreme Court judgment of Divorce that encompasses Child Support, or it says that future issues pertaining…
Can the Parent with Sole Custody of Kids Move to a Different State? If a parent is looking to relocate, that person should petition the Family Court to seek permission to do so. Sole Custody may be a factor which strongly supports the possibility that the court will grant permission to relocate. Having Sole Custody…
Using Your Spouse’s Health Insurance After Getting Divorced Oftentimes, two spouses are concerned about the effects of a Divorce upon their Health Insurance coverage. The reason why is because a person’s eligibility for Health Insurance, as a spouse, will terminate upon a Divorce. For a spouse that is concerned about the high cost of obtaining…
Contested Divorce Compared To Uncontested Divorce In New York State, a Contested Divorce is a Divorce where the parties do not agree on all of the issues that need to be resolved for a Divorce to be finalized. Those issues include the basis for Divorce, child support and custody, division of assets, and spousal maintenance. If even…
Is a Separation Agreement Required to File for an Uncontested Divorce? We are often confronted with a question from our clients as to whether or not they need an agreement to obtain a prompt, Uncontested Divorce. There is some confusion on this issue because parties describe this as a separation agreement. They will then tell…
Attorney Assistance with the Mediation Process In my opinion, it is impossible for one Mediator or one Attorney to sit with both parties to fully and adequately explain their rights and obligations in the Divorce process. That being said, retaining an Attorney does not need to be as expensive as it would be if you were litigating.…
Continuing Life Insurance Upon Divorce We are often asked about Life Insurance after Divorce. That is an issue that is raised in cases where there is going to be a stream of payments for equitable distribution, spousal maintenance, and child support. It is quite common for the court to order the provision of Life Insurance,…
Paying for Mortgage and Other Bills in the Divorce Process Often times during a Divorce action, people are concerned about how mortgage, utilities, and debts will be paid. In some cases, one spouse will abandon those responsibilities financially, and it is up to the court to ensure that the status quo is maintained. The court…