Paying for Spousal Maintenance A concern for many spouses, whether you’re the moneyed or less-moneyed spouse, is: how long do I have to pay or can I receive maintenance? There is temporary maintenance, and there is post-divorce maintenance. Temporary maintenance is paid during the course of an action. Post-divorce maintenance is awarded by a court…
Arranging a New York State Divorce How you prepare for Divorce in New York State depends upon the type of Divorce that you are going to have. Is it amicable, contentious, or high conflict? In any type of Divorce, we need a full outline of your financial situation. We are going to need tax returns…
Medical Decisions for My Child Question: I am the non custodial parent with joint legal custody. Can the custodial parent have the child be seen by a psychiatrist without my consent? My ex has had the child see over 7 therapists in the past few years and is showing signs of stress because of it.…
Taking Care of Your Inheritance Upon Divorce If you receive an inheritance during your marriage, it may be your separate property. It will depend on how you held that inheritance after you received it. If it was a cash inheritance that you kept in a separate account under your name, and you did not deposit…
Altering Your Life Insurance Beneficiary Once an action for Divorce is commenced in New York, there are temporary orders put into place that prohibit conduct on the part of both parties. The conduct that is prohibited includes modifying a Life Insurance policy, such as changing the beneficiaries, modifying Health Insurance, or selling certain assets. If…
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…