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…
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…
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.…
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…
Equitable Distribution in New York State New York is an Equitable Distribution state. Equitable means fair, and in the vast majority of cases in New York State, property is divided equally. It is New York public policy to value the contributions of the spouse who stays home to care for the family equally to the contributions…
Fear of Seeing the Defendant in Court If you’re afraid to see the respondent in court, notify a court officer once you arrive. If you don’t want to be around the respondent, don’t want to see them, or are scared that they are going to hurt you, that court officer can take you to a…
Calculating Bonuses into Child Support When child support is initially calculated on the non-custodial parent’s income, we or the court considers and assesses all of the sources of income that the parent has. Many support payers in sales, management, or executive positions receive a fair amount of income, by way of bonuses. Some courts will…
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…
Saratoga Divorce Lawyer Discusses Divorce Decree Statute of Limitations Question: I have not received the full amount of money from my ex-husband as stated in the divorce decree – this has caused me to not sign the quit claim on that home. Do I have to sign this or do I still own 1/2 of…
Nearby Domestic Violence Help in Saratoga and Albany County There are Domestic Violence shelters and units scattered throughout the capital district. Just to name a few, there is Equinox in Albany, a Rape Crisis Center in Saratoga County, and an LGBT-based community hotline called In Our Own Voices. In addition, you can also go to your…
Albany Divorce Attorney Discusses What Happens After an Attested Divorce Question: My wife attested the divorce after signing separation papers and accepting money that she asked for. She’s received everything shes asked for and cashed the check. I was granted the divorce by a judge. She states she was not informed on the monies. We agreed…
Obtaining a Child Support Order in New York State Child Support Orders in New York State are issued by either Family Court or Supreme Court. If you are apartied to an action for Divorce, then the order will be issued by Supreme Court. Family Court is one of limited jurisdiction, and it cannot address a…