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 […]
Category Archives: Jean Mahserjian Blog
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 […]
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 of the spouse who is […]
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 safe room while you wait to go […]
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 assess basic child support based […]
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 […]
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 the house since my name is on the title […]
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 local family court to file a petition for […]
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 to use same attorney to save money. Download Our Free […]
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 Child Support case if Supreme Court is handling the […]
If a parent is looking to modify an existing Custody Order, he or she should petition the Family Court for permission to modify that order. This also works if a parent is looking to modify the terms set forth in a Divorce or Separation Agreement. Download Our Free Divorce Guide This informational blog post was […]
I usually describe Divorce Mediation in New York as forward-looking and solution-setting, whereas Divorce Litigation is backwards-looking. There are numerous mediators in New York State, and they can assist you in obtaining a less contentious Divorce that you can obtain through the Litigation process. It is advisable that you speak with an Attorney at an […]