Category Archives: Jean Mahserjian Blog

Guardianship Laws in New York: Responsibilities and Processes

Guardianship Laws in New York: Responsibilities and Processes

Guardianship is a crucial legal mechanism designed to protect individuals who are unable to make decisions for themselves due to various reasons, such as disability, incapacity, or minority. In New York, guardianship laws outline the responsibilities and processes involved in appointing a guardian for such individuals. Understanding these laws is essential for both prospective guardians […]

Understanding the Divorce Process in New York: A Step-by-Step Guide

Understanding the Divorce Process in New York: A Step-by-Step Guide

Divorce can be a challenging and emotionally draining experience, but understanding the legal process can help ease some of the uncertainty and stress. If you’re considering filing for divorce in New York, it’s important to be informed about the step-by-step procedure. This guide aims to provide you with a comprehensive overview of the divorce process […]

The Role of Prenuptial Agreements in Equitable Distribution in Washington County

The Role of Prenuptial Agreements in Equitable Distribution in Washington County

Marriage is a profound union, marked by love, trust, and shared dreams. However, it’s also a legal contract that can have significant financial implications, especially in the unfortunate event of divorce. While no one enters marriage with the intention of divorcing, the reality is that a substantial percentage of marriages do end in divorce. Therefore, […]

Key Differences Between QDROs and DROs in Saratoga County, New York

Key Differences Between QDROs and DROs in Saratoga County New York

Divorce proceedings often involve the division of assets, including retirement benefits. In Saratoga County, New York, understanding the intricacies of Qualified Domestic Relations Orders (QDROs) and Domestic Relations Orders (DROs) is crucial for ensuring a fair and equitable distribution of retirement assets. While both play a pivotal role in the division process, they have distinct […]

The role of a child custody evaluator in a New York custody case

The role of a child custody evaluator in a New York custody case

In the challenging process of determining child custody arrangements during divorce or separation cases, the involvement of a child custody evaluator plays a vital role. A child custody evaluator is a trained professional who conducts comprehensive assessments to provide objective recommendations for the best interests of the child involved. In the state of New York, […]

QDROs and Stock Option Plans: Navigating Complexities in New York Divorces

QDROs and Stock Option Plans: Navigating Complexities in New York Divorces

Divorce proceedings can be emotionally challenging and legally complex. In New York, the division of assets, including retirement plans and stock options, requires careful consideration and adherence to specific guidelines. Understanding the intricacies of Qualified Domestic Relations Orders (QDROs) and Stock Option Plans is essential to ensure a fair and equitable distribution of assets. Mahserjian […]

The Difference Between Contested and Uncontested Divorces in New York

The Difference Between Contested and Uncontested Divorces in New York

Divorce can be a complex and emotionally challenging process, and understanding the different types of divorces is essential for anyone going through this difficult experience. In the state of New York, divorces can be broadly classified into two categories: contested and uncontested divorces. Each type of divorce has its own set of requirements, procedures, and […]

Understanding the Role of QDROs in Divorce Proceedings in New York

Understanding the Role of QDROs in Divorce Proceedings in New York

Divorce can be a complex and emotionally challenging process, and one of the most critical aspects to consider during this time is the division of assets and liabilities. In many divorces, retirement accounts and pension plans are among the most valuable assets that need to be divided. To facilitate a fair and equitable distribution of […]

3 Commonly Asked QDRO Questions

3 Commonly Asked QDRO Questions

Do you have questions in regards to Qualified Domestic Relations Orders. We put together 3 commonly asked QDRO questions here. Qualified Domestic Relations Orders (QDRO) Process Explained Typically, you should submit a QDRO with your judgment of divorce. Some judges are requiring that now; they didn’t use to. You can submit a QDRO later. However, […]

Memorandum of Understanding

[vc_row][vc_column width=”2/3″][vc_column_text] What is an MOU (Memorandum of Understanding) in New York State? This is the document that your mediator prepares an agreement at the conclusion of the mediation It is a notice of all of the issues that you addressed and agreed upon in mediation Download Our Free Divorce Guide This informational video was […]

Equitable Distribution in a Prenuptial Agreement

Equitable Distribution in a Prenuptial Agreement

Negotiating a prenuptial agreement may not be the most romantic activity an engaged couple shares in, but for individuals with significant assets, it is a realistic and necessary precaution. You carry insurance for all the valuable assets you hold. A prenuptial arrangement is nothing more than marriage insurance. Mahserjian & Mahserjian-Ortiz, PLLC can help ensure […]

Forensic Evaluation Recommendations

Forensic Evaluation Recommendations

Are you unsure why your attorney is agreeing with the forensic evaluation recommendations? Jean Mahserjian explains why in this informative video. Question: Why should I trust the advice of the forensic child custody evaluator? Answer: After a forensic custody evaluation is completed, the evaluator writes a report. These reports can range from 20 to 80 […]

Child Support and College Tuition

Child Support and College Tuition

Some child support arrangements in New York State require the non-custodial parent to pay for their child’s college tuition. Our experienced divorce lawyers would be happy to answer any questions you might have on the subject. Contact our office today to speak with our knowledgeable family law attorneys. Here is what you need to know […]

Prenuptial Agreements in New York

Prenuptial Agreements in New York

Congratulations on the engagement! The weeks and months leading up to your wedding will be as joyous as they will be nerve-wracking, but every day brings you one step closer to what may very well be one of the happiest days of your life. Amid the pre-marital bliss, you and your fiancé or fiancée will […]

Forensic Child Custody Evaluation

Forensic Child Custody Evaluation

If the court is dealing with a litigated family law situation, they may call for a forensic child custody evaluation. In this video, learn what the court looks into. Question: What is a forensic child custody evaluation? Answer: In litigated custody cases, we often ask the court to order a forensic custody evaluation. A forensic […]

Child Protective Services Investigation

Child Protective Services Investigation

4 Things You Need to Know If You Are Involved in a Child Protective Services Investigation Parents and guardians want to do the best job they can to rear and support their children. As such, receiving a notice that Child Protective Services (CPS) is about to conduct an investigation can shock any parent. If you learn […]

Refusing Overnight Child Custody Periods

Refusing Overnight Child Custody Periods

I signed the birth certificate and paternity. What are my rights without a custody agreement in place? Question: I am currently awaiting court on the 28th with my ex. We were never married. I did sign the birth certificate and the paternity when my daughter was born. My daughter is 4 months old, formula fed as […]

Steps to Take if the Respondent Doesn’t Show up to Family Court for Modification

Steps to Take if the Respondent Doesn't Show up to Family Court for Modification

Question: I filed to lower my support as now i am only making half of what i was making a couple months ago because the temp agency ended my assignment due to lack of work now i am making about 9,75 a hour for 24-32 hours a week. I am wondering what happens if the […]

QDROs: Dividing Retirement Accounts in New York

QDROs Dividing Retirement Accounts in New York

When we are talking about the division of assets under New York law, we are talking about the division of both debts and assets that were accumulated during the marriage. The New York domestic relations law has an expansive definition of marital property and a less expansive definition of separate property. Separate property might be […]

Post-Divorce Pension and Deferred Compensation Account Transition

All property that is acquired during the marriage is divided in a Divorce in New York State. That includes all deferred compensation plans and defined benefit plans. A defined benefit plan is a plan that pays a specific amount of money every month after retirement. A deferred compensation plan is a plan that consists of […]

Does Child Support Automatically Stop When My Daughter Turns 21?

Question: My daughter turns 21 on August 10th and I am simply wondering if I need to file any paperwork in regards to the payments automatically taken out of my paycheck through the SCU. Download Our Free Divorce Guide Answer: Wage deduction does not always end automatically when a child turns 21. In addition, there […]

Summer Child Relocation Requests in New York

Summer Child Relocation Requests in New York

A parent who wants to move with a child may need the other parent’s agreement, court approval, or both when the move would interfere with an existing custody order or parenting schedule. In New York, courts decide relocation disputes according to the child’s best interests. They review the reasons for the proposed move, the child’s […]

Vacation Property in a New York Divorce

Vacation Property in a New York Divorce

Vacation homes, lake houses, cabins, boats, recreational vehicles, and other seasonal assets can create difficult property issues during a New York divorce. Their value may include more than the purchase price because they can involve family history, rental income, maintenance costs, tax obligations, and complicated ownership records. A careful approach begins with complete records, a […]

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