When a couple decides to divorce, one of the most important things they must do is agree on issues such as child custody, division of property, and spousal support. The ultimate goal is to reach a resolution that is beneficial and fair for everyone. Agreement of terms in advance can make the overall divorce process […]

Divorce is hard for everyone, no matter their age or how long they have been married. However, couples over the age of 50 face unique challenges as being older divorcing adults. This trend – known as gray divorce – continues to increase each year. If you’re wondering, what is a gray divorce and how it […]

Going through a divorce can be one of the most challenging experiences in life, and when it comes to dividing assets, one of the most pressing questions that couples face is regarding what will happen to their home. In New York, the process of dividing property during a divorce is governed by specific laws and […]

Very few divorce experiences are completely free of conflict. But contested divorces – in which the couple who is seeking the divorce is unable to agree on significant issues, such as division of assets or child support – can be especially stressful, time-consuming, and financially burdensome. If you’re facing the prospect of a contested divorce […]

Going through a divorce always seems to be a challenge. Legal issues can still occur once all aspects of the divorce have been settled, especially when your ex-spouse does not comply with your divorce decree. Hiring an experienced divorce attorney is important when you find yourself in this type of situation. You will typically feel […]

Grandparents often play a significant role in their grandchildren’s lives. However, at times, circumstances may require legal action to be taken in order to maintain their grandparents’ rights in New York state. Grandparents can seek visitation and custody of their grandchildren in certain situations in New York. Understanding the reasons that grandparents may file for […]

Facing a divorce can be a challenge, not just emotionally but financially as well. Many people worry about the costs associated with legal proceedings, especially the burden of paying attorney fees. Keeping a few aspects in mind can often help you understand who pays the lawyer fees and other issues that may arise. A divorce […]

Many people believe that a prenup agreement can only be signed before marriage. However, it’s possible to get a postnuptial agreement after tying the knot. These postnuptial agreements serve a similar purpose by protecting individual assets and outlining any financial responsibilities. A lawyer can help set up a postnuptial agreement to make sure that the […]

Abuse of a spouse often happens over time, and in a variety of ways, including emotional or verbal abuse. Choosing to divorce an emotionally or verbally abusive husband or wife is a courageous step towards reclaiming your life. Following a few steps, such as getting a Court order of protection or “OP”, is typically essential. […]

Divorce can be complicated, primarily if you need to split assets such as retirement funds. A Qualified Domestic Relations Order (QDRO) can be crucial at this time. Understanding the QDRO meaning and how it works is essential to ensure that both parties’ financial rights are protected. What is a Qualified Domestic Relations Order (QDRO)? A […]

Few things in this world are as life-altering as divorce. In many cases, divorce is unexpected and comes after a long-fought battle. The divorce process can be physically, emotionally, and financially draining for all parties involved. The most important thing to remember is that there is life after divorce.  After you settle the legalities and […]

Love and affection are emotions that can take two people and unite them in various forms. Falling in love can be an energetically charged experience filled with devotion, intimacy, and tenderness. However, sometimes these dynamics shift from passionate to poisonous, and when burning love turns cold it’s best to know how to disentangle yourself from […]

It was an unexpected salvo in an unexpectedly bitter divorce, but the lawsuit between Carole Roth, mother of skincare tycoon Peter Thomas Roth, and her now ex-daughter-in-law, Noreen Donovan Roth, seemingly came out of nowhere. Even better, Carole was a mere 94 years young when she jumped into the legal fray against Noreen, who was […]

Hiring A Queens Divorce Attorney When Your Spouse Is Having An Affair While Fox News continues to be a cable news juggernaut, it’s fair to say that the last few years have left the network with something of a black eye in public relations terms. First, allegations against the network’s founder surfaced, and then it’s […]

Divorce Attorney For Negotiated Divorce Settlements In Queens Not all marriages are built to last, but it’s also true that some divorces don’t take in the end. For a family sometimes called the “Royal Family of Rock,” it took nearly a decade to heal old wounds, but Mick Jones, guitarist for the band Foreigner, and […]

Possibly. In a marriage where both spouses have been contributing to mortgage payments, repairs, upkeep, and taxes, then your spouse may have a claim to the appreciation as a marital asset. There are many complicating factors, and these issues often result in drawn out litigation to resolve. You should work with experienced Queens divorce attorneys […]

It’s certainly possible to get some of your investment back if you paid for a renovation or otherwise put money into a separate asset like a home. These issues are necessarily complex, and many things will factor. If the investment happened many years ago, you shouldn’t expect a large return since you’ve been enjoying the […]

Yes, judges in Queens presume that the lower earning spouse in a divorce will have greater financial needs than their income allows, and typically award temporary maintenance in those circumstances. Working with experienced divorce attorneys is the best way to ensure that your temporary maintenance is adequate and appropriate. In many instances, the temporary award […]

No, non-custodial parents can move out of state without notifying the court, though whether your children will be able to visit you according to your visitation agreement is a question you should consider closely. Some visitation agreements prohibit taking your child out of state without the permission of the other parent. While visitation is something […]

Yes, the sale of your home can be delayed until after your youngest graduates high school, though if your youngest is very young, a judge may question how realistic the plan is. After all, if you’re going to wait thirteen years for your five year old to finish out at the local high school, it’s […]

This is one common outcome in divorce. Judges understand the importance of stability in a child’s life, especially as they become teenagers and the importance of their social development grows. If there is a viable plan on the table to retain a home as a residence for the custodial parent and the children, judges are […]

It’s certainly possible that a trial in a contested divorce will result in your home being liquidated so that you and your spouse can split the profits. The judge may also decide that the custodial parent may retain the home as a residence for your children until they graduate from high school or some other […]

No, unlike other common post-divorce payments like spousal maintenance, child support payments are not counted as taxable income, and they cannot be deducted by the spouse who pays them. When you calculate your gross income for the IRS, you’ll simply leave out the child support payments you’ve received. For the spouse who receives child support, […]

Under the child support guidelines used by judges in Queens, the amount of child support is determined by combining the income of both parents, multiplying that by a number based on the number of children the couple shares, and then dividing that amount proportionally between the spouses. The resulting figure is what the non-custodial spouse […]

Yes, if your divorce in Queens in uncontested and your financial arrangements make sense and are in order, you can include a statement as part of your settlement agreement noting that both parties waive discovery. The court can ask for more information if needed, but when the settlement is properly drafted and passes the basic […]

You may not have to, especially if your divorce is relatively simple with few assets to address. You’ll want to formally waive the discovery process so the judge understands that you made an affirmative choice in the matter. If the court considers your ultimate settlement to be unbalanced or unfair, the judge may insist that […]

Your spouse is entitled to notification of pending legal action against them, but that gets tricky when you’ve been separated for a long time and may not know how to locate your spouse. It may be more productive to try to track down old friends, your spouse’s relatives, or others whose whereabouts are known, rather […]

Your spouse has 20 days to respond to your summons and complaint, and assuming they contest some part of it, that will begin the process of negotiating your final divorce settlement, or heading to trial. You’ll start with a Preliminary Conference presided over by the judge, where the parties and their lawyers meet to discuss […]

There aren’t statutory guidelines, and in a contested matter where the parties can’t agree on what to do about what is usually one of the biggest assets in a marriage, judges will often order it to be liquidated with the profits divided. If you have other ideas for how to handle the house, it’s important […]

Parental fitness is one consideration in determining custody in Queens, and it is related to a parent’s stability, home environment, lifestyle, health status, career, and similar metrics that are thought to indicate that the person is mature, has good judgment, and can provide proper moral, emotional, and educational support to a child. While fitness is […]

That depends entirely on you and your spouse. In an uncontested divorce, the judge will likely make no decisions beyond granting your Judgment of Divorce. In an acrimonious contested matter, the judge may decide the majority of issues, including allocation of property and debt, child custody, and disposition of assets. In general, couples who are […]

Yes, a Separation Agreement can be converted to a Judgment of Divorce in Queens after it has been in effect for one year. Because the Separation Agreement addresses the same issues that your divorce settlement would, they can sometimes be accepted as an entire divorce settlement. In other cases, there may be technical issues to […]

Yes, we can help you search through public records databases as part of your divorce process, looking for a spouse you’ve lost contact with. If we are ultimately unsuccessful in locating your spouse, you are still allowed to divorce, using a process known as Publication Divorce. This method utilizes the newspaper of record in your […]

No, divorces in Queens and all jurisdictions of New York are handled by The Supreme Court of the State of New York. You’ll file with the Supreme Court in your county, or the county where your spouse lives, and the divorce process will commence there. A Supreme Court judge will oversee your divorce proceedings, including […]

There are several different kinds of spousal maintenance available to lower-earning spouses in Queens. Durational maintenance is a series of payments that last for a given length of time, often intended to allow the spouse to get established educationally or in the workforce. In longer marriages, or in marriages where a spouse’s health status may […]

You and your spouse will both be ordered by the court to turn over a statement of net worth and other relevant financial records. In many instances, a spouse who believes they have a lot to lose may try to hide or shield assets, which can create enormous problems in a divorce. If your spouse […]

Your first legal step in getting a divorce in Queens is to file a Summons, or a Summons and Complaint, in New York’s Supreme Court. This begins a process that includes serving your spouse with the filing, waiting for a response, and scheduling a Preliminary Conference to discuss outstanding issues. But before you file, you […]

You still have options, even if you don’t have the funds to pay for representation in a divorce in Queens. Judges in Queens understand that money can represent a power dynamic in a divorce, and to prevent your spouse from using money to limit your access to the courts, they can be ordered to pay […]

There are several types of property that are usually considered separate assets even if they were acquired during the marriage. For instance, if you received a personal injury award from a lawsuit, the proceeds are generally considered separate funds. The same is true for inheritances you’ve received during the marriage. You should know that it […]

The law guardian is an attorney who is appointed by the judge in your divorce action to represent the interests of your children. Law guardians talk to the children, the parents, and may also meet with school officials, the child’s therapist, and other appropriate parties to get a feel for what constitutes the best interests […]

If your divorce was finalized in Queens, then you can petition a court about a custody matter right here. If your divorce happened in the state where your former spouse and your children live, that would be the appropriate venue to pursue an action. Keep in mind that courts have wide discretion in determining exactly […]

If you voluntarily change jobs to a lower-paying role and then petition the court for a lower child support payment, you probably won’t like the result. Judges in Queens frown on parents attempting to get out of child support payments by intentionally lowering their earnings. For a judge to consider your petition for a lower […]

Generally, child support payments are a separate calculation from the expected contribution each parent will make to medical and educational expenses. For children with special needs, these costs can be substantial, so it’s important that you work with attorneys who can help establish ground rules and financial terms that keep your child protected. If you […]

Yes, however difficult your spouse chooses to be is entirely their decision, but there is nothing they can do to force you remain married to them. If your spouse refuses to sign or participate, you’ll ultimately be granted a default divorce, and your spouse will have to live with the terms of the settlement. It’s […]

The length of your marriage is a major consideration in developing a settlement when you divorce in Queens. For those who’ve been married many years, there are strong odds that one spouse prioritized the domestic sphere at the expense of their professional life, while the other prioritized career and income. This imbalance makes perfect sense […]

Yes, by filing on Irretrievable Breakdown grounds, you save yourself the added expense of building a legal case against your spouse that demonstrates that their actions alone have broken your marriage. The old system led to widespread fraud and abuse, which the no-fault option is designed to mitigate. Building a case takes research, investigation, interviews, […]

Yes, spousal support payments are treated as income by the IRS and the State of New York, so you should anticipate a higher tax bill as a result of the award, while your former spouse can write off the payments they make to you. You are still eligible for various deductions and exemptions, so it’s […]

Queens courts calculate temporary maintenance using one of two income-based formulas. And while these calculations can give a ballpark estimate for temporary maintenance in many Queens divorce actions, there are numerous variables that complicate the estimates. Where the court finds that the age and health of a spouse are significant, or that one spouse has […]

If you believe that your spouse is withholding property that requires appraisal or other appropriate valuation in your divorce in Queens, providing an itemized list of property is usually enough to prompt the judge to order those items turned over. The problem in such cases is that any property not included on the itemized list […]

When a couple divorces in New York, the recipient of the engagement ring owns it as a separate asset, since it was given prior to the marriage. This can sting the spouse who made the proposal when the ring was expensive or a family heirloom, but the idea that engagement rings are conditional property that […]

Yes, there are a number of ways to achieve a divorce in Queens without an ugly court fight. Some couples are able to work together to draw up a fair settlement between themselves, in which case they or their attorneys file an uncontested divorce and wait for the judge to ratify it. Other couples need […]

Yes, it’s a growing trend all across the country for divorcing spouses to use social media activity to question statements made in court. If your spouse claims financial hardship but posts photos of expensive goods or time spent out partying, you have cause to suggest that the situation may not be as dire as your […]

Yes, same-sex couples who are married and meet the residency requirements in Queens may file for divorce here. While the legislature’s intention is that same-sex divorce will be equivalent to opposite-sex divorce, it’s important that you work with a legal team who is well versed on this evolving area of law. For many same-sex couples […]

Substance abuse is a factor that judges in Queens weigh very heavily in considering which parent is most likely to provide a safe and stable home for children in a divorce. All else being equal between the two parents, the court will usually find that the spouse who doesn’t drink heavily is the more responsible […]

There are several requirements you must meet in order to be eligible to collect Social Security from a divorced spouse’s work record. First, the marriage must have lasted longer than ten years and you must not be remarried to a new spouse. Second, you must be 62 or older in order to collect, and to […]

Allocating student loan debt – and imputing earnings that flow from the enhanced earning power of the degree in question – is a fairly technical process. The court will review a number of factors in determining whether the student loans are separate or marital assets. One of the most significant factors to be considered is […]

No, spousal support, also known as alimony or spousal maintenance, falls into a category of priority debt that is not dischargeable through bankruptcy. It is possible to discharge some debts related to the divorce settlement after the fact, which can make things like spousal maintenance and child support payments more affordable. If you believe you […]

In most cases, jointly held businesses are treated as marital assets, qualifying both spouses to receive economic benefit as a result of their involvement. As for how the business will be allocated, much of that decision comes down to whether you and your spouse are able to come to an understanding about the business’s future. […]

In some cases, yes, your professional license will be treated as a marital asset for the purposes of financial distribution in Queens divorce proceedings. If you acquired the license during the marriage, you are considered to have applied marital resources toward acquisition of an asset that will increase your earning potential for the rest of […]

In most cases, a spouse’s adultery doesn’t factor heavily in custody considerations in divorces in Queens. If your spouse was particularly outrageous in their behavior during the affair and neglected the children in order to go on dates, or exposed them to inappropriate or dangerous people in the course of the infidelity, then there is […]

For the majority of couples facing divorce after one spouse’s infidelity, filing on the grounds of adultery will simply take longer, be more combative, and cost more money. While it may be satisfying to imagine a judge admonishing your spouse for their misbehavior, the truth is that judges would much rather approach your divorce from […]

It’s possible that you’ll have to pay your spouse’s legal fees, even if they filed against you. Courts in Queens are very open to the proposition that an individual, even if they are the poorer of the two spouses, should have access to divorce court, and that a wealthier spouse shouldn’t withhold money to bar […]

It’s very common in divorce scenarios in Queens for one spouse to be responsible for the bulk of the household’s earnings, while the other works at raising children and maintaining the home and brings in little or no cash income. To ensure equal access to the courts, parties in this situation are entitled to ask […]

Yes, you can include expenses like tuition in your calculation of spousal maintenance, and require that maintenance last at least until you’ve achieved a particular educational goal, like graduating with a bachelors or other degree, or landing a job in your field. Spousal maintenance is designed to address your situation in particular, where one spouse […]

It’s unlikely that a request like this will meet approval from either a court or your former spouse, but one option for structuring maintenance, especially in younger couples who still have strong earning potential, is to set maintenance to a particular time frame that that will allow your spouse to attain a degree or become […]

How you proceed depends on the quality of the relationship you currently have with your ex, and what you mean by “bad influences.” First and foremost, if you believe that your children are in an unsafe environment where they are being neglected, abused, or worse, contact the attorneys at Zelenitz, Shapiro & D’Agostino right away […]

It’s very likely that if you can show that your spouse emptied a jointly held account without your permission, the court will insist that your share of the funds be returned to you. The difficulty for you is that you know you’re dealing with a spouse who is willing to steal from you, which means […]

Unfortunately, it’s extremely common for a spouse who has decided to file for divorce to abuse joint financial instruments with the expectation that you’ll be stuck with half the debt they’ve accrued. This is one area where a good divorce attorney can make all the difference in your case. By building a case that debt-financed […]

Yes, financial instruments like retirement accounts are typically – at least in part – marital assets whose disposition has to be negotiated as part of the final divorce settlement. If you have been contributing to a 401(k) for longer than the duration of the marriage, the court will likely consider the pre-marriage value of the […]

There are a number of very good reasons to require that service of divorce papers be conducted by a neutral third party, including protecting your safety. But from the court’s perspective the best advantage of third party service, especially by a process server, is that a process server creates a reliable document of efforts to […]

No, because of the highly sensitive nature of divorce actions, it is against the law for court clerks, court reporters, and others to share pleadings, motions, testimony, findings, and any other elements of your divorce with the public. The only individuals who can access this material are you and your attorney, and courts in Queens […]

No, children that are legally adopted by families in Queens are identical to children who are born to families in Queens, and resolution of custody matters is handled identically. You will be required to develop a custody agreement outlining which parent holds legal custody, and is responsible for making medical and other significant decisions for […]

It may not be. One of the considerations the court uses when it examines challenges to prenuptial agreements is whether both parties were represented by counsel and could be expected to reasonably understand the terms of the agreement. If there is a perception that one spouse was not properly informed, especially if the agreement really […]

Probably so. As in most jurisdictions, courts in Queens presume paternity for a child born in wedlock, and when a married father takes proactive steps to affirm paternity, like signing the birth certificate and actively engaging in raising the child as his own, courts frown on attempts to later get out of the support obligation. […]

In a high income child support matter, judges in Queens take a different approach to how child support is structured. Rather than the formula applied to most parents, couples whose joint income is above $150,000 or so may, at the court’s discretion, choose instead to evaluate the particular needs of the child or children and […]

If the parents appear to be cooperating with each other and able to put the needs of their children first, judges in Queens can agree to allow parents to share legal custody of the children. That means that when it comes to major life decisions, like how to handle health issues, which faith – or […]

A properly drafted prenuptial agreement from another state is likely to be enforceable in a Queens divorce case. There are exceptions though, and recent precedent that suggests that courts here won’t always allow a particularly lopsided prenuptial agreement to govern the terms of a divorce. If your prenuptial agreement was drafted fraudulently, such as by […]

Yes, our firm handles all kinds of divorces, and understands the specific needs of cases that land in the Queens County Integrated Domestic Violence court. Whichever side of the matters at hand you fall on, you deserve focused, compassionate representation that takes into account all your interests – including your safety, or maintaining a relationship […]

Yes, if you’ve been under an order of protection that has limited your ability to be a parent to your child, then the expiration of the order can be grounds to ask Family Court in Queens to review the situation and order a new custody agreement. You’ll be expected to demonstrate why this change is […]

No, a home or other property or money that you inherited is considered a separate asset and won’t be among the properties considered for equitable distribution. Property that you owned prior to marriage, even during a long marriage, is also separate property that is yours to keep. Inherited goods are given special consideration because of […]

Not necessarily, but in a marriage that has spanned decades, it may be true that the bulk of physical and financial assets are effectively shared property that will be allocated between the parties. There are exceptions though. Damage awards from lawsuits are considered separate property, so if you were injured and won a judgment against […]

Lottery winnings have been held by courts to be marital assets, and are subject to distribution. While this is the case for most assets acquired during a marriage, there are some categories of property that are considered separate even when they were obtained during the marriage. If you win a damage award in court, those […]

Child abuse is an extremely serious allegation to make, and because the consequences can be so severe, you should work to gather as much evidence as you can. If your child came home with obvious injuries, take photographs and talk to your child about how they were caused. Consider taking your child to their regular […]

While the state takes proactive steps to collect child support, when a spouse is self-employed, it isn’t as easy as issuing a withholding order to their company’s HR department. When your former spouse operates as a sole proprietorship or similar small business entity and chooses not to pay their child support obligation, you may be […]

You probably don’t have to pay child support for a mentally disabled child past the age of 21. While there may be ethical and moral considerations in how you approach this question, the position taken by the State of New York is that there are state-sanctioned services available to disabled adults, which help to relieve […]

Matrimonial law for same-sex couples is evolving fast in the United States, but not all states allow married gay couples to divorce. If you and your spouse are considering moving to New York to divorce, one or both of you will have to live here for one consecutive year before you can file. Once you […]

If there are significant marital assets or children whose custody is in dispute, then an annulment may have the same settlement features that a divorce would have, while still protecting certain personal priorities, like marrying in one’s faith in the future. When a marriage is voided by fact or by judgement, the issues related to […]

Fraud is the foundation for most annulment petitions in New York, but not any fraud will suffice to win an annulment. When one spouse has lied or concealed something that is essential to the marriage contract, they may have committed a fraud that can cause the marriage to be voidable. Marriages where one spouse knowingly […]

For the purposes of annulment in New York, there are two types of qualifying marriages. A void marriage is one that was never legitimate in the first place, such as a marriage entered into between persons who share too much of a blood relationship, such as siblings and some other relatives. Another form of void […]

When one parent follows a career or family obligations outside of New York, it is necessary to modify custody orders to ensure that they are able to have an ongoing relationship with their children. Family Court handles these petitions all the time, but clients do best when they have a well planned, thoughtfully crafted petition, […]

Alimony is a slightly antiquated term for what New York calls “spousal maintenance,” and many people refer to as “spousal support.” By any name, they are the same concept though, and create an ongoing financial relationship from the higher earning spouse to the lower earning spouse, as a way of ensuring a continued quality of […]

When a divorce remains contested, yes, the ultimate end will be in a trial where a judge will decide the ultimate disposition of your assets, debts, property, and other terms of your divorce. This is the most difficult way spouses to end their marriages, and also the most expensive, so the process includes several stages […]

Sometimes, a marriage has eroded so much that there’s simply no way to avoid an ugly divorce. The costs of these actions, in terms of money and emotional energy, can be significant, but when your spouse is out to hurt you or soak you financially, it may impossible to do anything but get through it […]

Yes, in a contested divorce action, you will have to appear in court, possibly many times. There will also be a number of conferences you’ll be required to attend while the court develops its understanding of the financial condition of the marriage, the possibility that you and your spouse will be able to work together […]

529 college savings plans are qualified tax-preferred savings instruments that many families open to put money away for a child’s education. For couples who remain married, though they are continually contributing to the 529 account, for all intents and purposes the funds held there belong to the child, for use in future educational expenses. When […]

Except in very narrow circumstances, New York courts will require that you continue your relationship as a parent to a child you’ve been raising, including the payment of child support if you are not the custodial parent. This policy causes enormous headaches for many men who have raised children they did not father, and at […]

Custodial interference is a huge problem that brings divorced couples back into Family Court all the time. Some of the typical displays of custodial interference include a parent playing games with pickup or drop off times for scheduled visits, not allowing phone calls to or from the other parent, or visiting during the other parent’s […]

Yes, if your original maintenance agreement did not specify cohabitation with an unrelated male, you have grounds to ask the court to modify the support maintenance. Where an ex has begun cohabitating with a new partner and is substantially acting as that person’s spouse, courts have terminated prior support arrangements. If you former spouse has […]

When a parent realizes that the custody agreement they signed isn’t giving them enough of a role in their child’s life, it may be time to talk to your former spouse about alternate arrangements. If your custody agreement contained language allowing you the first right of refusal for babysitting, remind your spouse that you should […]

When your fiance requests a prenuptial agreement, it’s a very good idea to work with a lawyer of your own to ensure that the agreement is properly drafted and that the things that matter to you are fully included in the document. After all, prenups aren’t a one way street – they’re intended to spell […]

Child support in New York is generally deducted automatically from an employee’s paycheck, but as the workforce changes in the 21st century, more and more people are finding that self-employment, either as a sole proprietor or an LLC, is a viable path for their careers. For some, their business entity will provide them a regular […]

Yes, spousal support, also called alimony or spousal maintenance, can be structured as a lump sum payment. How these elements are comprised is best worked out by you and your spouse in negotiations. Some ways that lump sum payments can be arranged include the higher earning spouse taking no profit from the sale of the […]

While most divorces have their share of acrimony, for a spouse who is preparing to get away from an abuser, the stakes are dizzyingly high. Your safety must be your first consideration, and at Zelenitz, Shapiro & D’Agostino, your safety is always our first consideration. When you are ready to leave an abusive spouse, we […]

Yes, New York has no prohibition on divorce by pregnant women, so your wife is able to file for divorce even if she’s just found out she’s pregnant. What you need to do in this case is protect your financial future by talking to an experienced divorce attorney right away. You’ll want an attorney who […]

Yes, if you failed to respond promptly after being served, you can still choose to engage your divorce process. It’s even possible to reopen the matter after the divorce has been granted, though the longer you wait, the less likely it is that the court will be willing to hear you out. If you chose […]

A separation agreement covers the same territory that a divorce settlement does, including child custody and support, division of property, financial matters, spousal maintenance, and other relevant issues. In that sense, they are the same, but a separation agreement alone does not make you legally divorced. A separation agreement can become a divorce settlement. If […]

Unfortunately, maxing out jointly held credit cards and emptying joint bank accounts are common tactics used by spouses who are planning to divorce. The results can be devastating to the other spouse, who suddenly has no credit and an empty savings account. If this has happened to you, count on a few things. First, your […]

Even in an uncontested divorce, it’s a good idea to have a lawyer available to answer your questions and review documents before they’re submitted to the judge. Many couples are invested in having as smooth a divorce as possible, and want to do everything they can to avoid an acrimonious divorce, but this can result […]

The difference between an uncontested divorce and contested one has everything to do with the spouses’ willingness and ability to talk about the issues before them and reach agreement. If you and your spouse aren’t talking, or if you believe your spouse intends to use the divorce process as a way to hurt you, rather […]

Yes, pieces that have been added to your collection during the marriage are marital assets. Collections and similar groupings of prized objects can be a source great concern in a divorce, particularly if the collection has a high dollar value. Many divorce cases involving antiques, classic cars, fine art, and similar high-dollar property are destined […]

Constructive Emancipation occurs when a child refuses contact with a parent, usually the non-custodial parent. It is often a sign of parental alienation, and Family Court does allow Constructive Emancipation to be used to end a child support obligation on the part of the parent who is refused. Constructive Emancipation doesn’t apply in all cases. […]

If your former spouse is in the habit of discouraging your child from attending visitation, or encouraging your child to misbehave or treat you badly during visitation, you may well need help from a Family Court judge to straighten out the situation. The custody agreement you both signed included visitation because New York knows that […]

If you lived far away from your child, your custody agreement may not have included a Right of First Refusal. With a Right of First Refusal clause, your former spouse agrees to ask you first in situations where they would otherwise hire a babysitter. If your current parenting arrangement is working well for you, your […]

If you are leaving an abusive marriage, protecting yourself and your children is paramount. To that end, our attorneys can work with you to petition the court for orders of protection at the outset of the action, getting your spouse out of your home right away. We can help you collect documentation and witness statements […]

After a divorce, a lot of people are unfortunately still very angry and hurt, and often take out their feelings with delaying tactics like late payments, missed visitations, and other obstructive games. For most people, it passes as the new routine establishes itself, but in some cases, these kinds of passive aggressive behaviors become the […]

Collaborative Divorce differs from traditional divorce in a number of significant ways. First and foremost, it is explicitly designed to avoid litigation, which can save couples tens of thousands of dollars in costs. Second, rather than relying on a team of attorneys to file motions, examine financial records, and so on, you and your spouse […]

These days, many couples realize that while their marriage is ending, that doesn’t mean they need to go to war with one another. Through processes like Collaborative Divorce, you and your spouse can retain control of the process, rather than letting a judge make decisions about your family. Collaborative Divorce is designed to be less […]

Parental alienation is understood by Family Court judges as a situation where one parent intentionally attempts to damage the relationship between their child and the other parent, usually the non-custodial parent. Sometimes this is done directly by an ex-spouse after a divorce, but in other cases, tensions may arise when friends or family members of […]

Alimony, spousal support, and spousal maintenance are all terms that apply to the financial arrangement between ex-spouses that helps keep the lower-earning spouse financially secure, either for a set period of time or until a major life change warrants termination of the support. In cases where both parties are in the work force and financially […]

New York is at the beginning of a sea change in its legal understanding of parenting, spearheaded in large part by same-sex families who are raising children. The growth of married families with children who have been adopted, conceived through sperm donation or surrogacy, or who were delivered after IVF treatment, is causing the courts […]

Same-sex divorce in New York deals with the same issues that opposite-sex divorce deals with, and has the same requirements as well. So whether you married here or got married in another state before New York allowed it, you must still have been a resident of New York for a year before you can file […]

For many couples, pets provided a stand-in for children while they built their careers, or when they just preferred to remain child-free. When a marriage dissolves, the status of a beloved dog, cat, or other pet can become contentious if you don’t negotiate thoughtfully with your spouse. One approach that a New York judge has […]

Either parent can ask for a paternity test as part of a divorce, but there’s no guarantee that the court will agree to order one. New York law focuses on what is best for children, and over the years the legal standing on paternity issues has tilted in the direction of fathers being responsible for […]

Yes, a large change in income as a result of a layoff is a circumstance that New York Family Court considers cause for a modification. Whether you’re paying a percentage as child support or a fixed monthly payment in spousal maintenance following a divorce, losing your job can quickly wipe out your savings. Even worse, […]

We can help. When we work with individuals who fear for their safety, or that of their children, we know that the single most important element in the divorce is to protect you from an aggressive spouse. Being served with divorce papers can make a controlling abuser a truly dangerous person, so we take steps […]

New York courts have a very limited set of circumstances under which they will enforce the rights of grandparents to maintain a relationship with grandchildren. The state applies a two part test when considering a grandparent’s petition for visitation. First, the court wants to evaluate the request in terms of the best interest of the […]

Yes. In an uncontested divorce, the parties have agreed to the major elements of a divorce – maintenance arrangements, distribution of assets, child custody and support – and both spouses consent to the proceedings. What often happens is that a spouse will be served with papers, talk to a friend or consult a lawyer, and […]

No, a legal separation is not required to get a divorce in New York, although it is perfectly acceptable under New York law to legally separate, and ultimately file for divorce after one year apart. Prior to the introduction of no-fault divorce, a legal separation agreement was the only way couples could divorce without proving […]

If you are an individual with property, cash, or assets whose disposition you want to direct regardless of the outcome of your marriage, then a prenuptial agreement is a tool to give you that control. Often, people entering into second or later marriages want to ensure that money and belongings will transfer to their children […]

Sometimes it’s clear that a trial is likely from the start of a divorce action, and other times we really can’t know until we’ve started the process. If you and your spouse have been talking productively about how to divide your possessions and what to do with big assets like houses and vehicles, it’s very […]

If your spouse is refusing to connect you to the financial information you need to participate fully in your divorce, there are good odds that they’re trying to hide assets or income in order to produce a lower settlement obligation. If you’re out of practice with deciphering financial information, you may miss important markers that […]

If you are the lower earning spouse in a couple, or if you will experience financial hardship as a result of filing for divorce, we will include a request for pendente lite support – a form of temporary spousal maintenance that will last the duration of the divorce – at the outset of the action. […]

If your spouse hasn’t hired an attorney and refuses to do so, it may be worth your while to try to determine why that is. In many cases, it may be that your spouse has concerns about paying for the lawyer, but it’s our experience that people tend to do better after a divorce when […]

There are two major things to keep in mind when thinking about property division in New York divorce: first, the distinction between “separate” and “marital” properties, and second, the idea of “equitable distribution.” When it comes to determining separate vs. marital assets, one rule of thumb is that if you had it before you were […]

No, property or money that you inherit during a marriage is considered a separate asset that won’t be divided by the court. Family heirlooms, the home where you grew up, and other assets that may have been left to you when a family member died are protected from distribution rules. Similarly, if you are injured […]

Once a custody agreement is in place, an out of state move will require the court’s permission. As always, the Family Court judge will evaluate your petition under the standard of the best interest of the children. The relationship they have with your former spouse matters, and the closer that relationship is, the more it […]

Property that you bring into a marriage will be treated as separate property at the time of divorce, and won’t be subject to equitable distribution of marital assets. The house you purchased years ago that became your marital residence after you and your spouse wed is a separate asset. You can expect to keep it […]

Each spouse is entitled to what is known as an “equitable distribution” of marital assets. There’s a little more complexity to that idea than you may realize. Equitable distribution doesn’t mean equal distribution, so while some divorces do result in roughly a 50-50% split of marital assets, the court itself isn’t looking for an even […]

Adultery is unfortunately an extremely common cause of divorce actions, whether or not it is the grounds you choose to file under. When a spouse cheats, it breaks the bonds of trust the couple has established. When you’re the cheater, you may find yourself struggling with balancing the competing needs of your family and your […]

Domestic abuse and domestic violence are serious allegations that must be promptly addressed for your own safety. It may be necessary to ask the court for an order of protection, which will force your spouse to leave the home and stay away, or risk arrest and criminal contempt charges. Your spouse will also have to […]

Reconciliation after filing for divorce is more common than you may think. Couples often seem to find space, once they’ve agreed to dissolve the marriage, to really talk through their issues and come to some firm resolutions about how to proceed. As family law attorneys, we’re always thrilled when our clients find a satisfying solution […]

Yes, your spouse has to be served with papers by a person over the age of 18. You are not allowed to personally serve the papers on your spouse. If you choose to use a process server, you can rely on knowing that an informed individual can properly serve the papers, and that the process […]

New York doesn’t require a waiting period before you’re able to file for divorce, but some grounds will require waiting a particular length of time. For instance, if you file for divorce alleging abandonment, you’ll have to wait at least one year from the time of the abandonment before you can file. Similarly, filing on […]

There are two types of child custody in New York. The first is Legal Custody, where the parent makes life decisions for the child, like where to go to school, what faith to be raised in, if any, and decisions related to major medical decisions like surgery or to be prescribed long term medication. The […]

There are situations where filing first may be a strategic choice that can help speed things like temporary support or custody agreements. Rather than waiting to be served with a complaint, you’ll file instead with a series of motions. This can be especially important if you suspect your spouse is liquidating assets or building up […]

It doesn’t have to. American courts run on precedents that have already been set, so in many ways judges are predisposed to prefer existing agreements. If the custody agreement that you negotiated earlier is providing for the care of your child and meets the needs of both parents, there’s no reason to modify it. However, […]

Child custody and support matters must be included as part of the divorce decree, but many couples initially develop custody and support agreements through Family Court before they file for divorce. If you or your spouse have just filed for divorce, your attorney should plan to file for temporary child custody for you, particularly if […]

Yes, New York law protects your right to divorce whether or not you’re pregnant. As a legal matter, there are several additional issues that women who are pregnant should expect to face, including demands for a paternity test and a hard fight over issues related to support – both spousal and child. We’ve seen divorces […]

Resuming use of one’s prior name is one of the most common concerns our clients have as they contemplate a divorce. And while it used to be a subject only women were invested in, the modern approaches that couples have taken to creating married names for both spouses means that increasingly, men who are divorcing […]

Your divorce will be final when you receive the judgment of divorce from the court. This will be mailed to you, and often arrives months, not weeks, after your final settlement agreement is submitted to the judge. It can be a frustrating time for some, but we find that for many of our clients, the […]

New York allows you to re-marry as soon as you have your final divorce judgment in hand. This can take several months from the time you reach a settlement with your (soon to be former) spouse, but once the settlement is submitted to the court, you’re on your way to being free to marry again. […]

Yes, once divorce is filed, the court will issue what are known as automatic orders that are designed to “stop the clock” on actions you and your spouse may take to retaliate against one another. One of these retaliations is cancelling important pieces of personal security, like life insurance and health insurance. Aside from leaving […]

It’s human nature to respond to a traumatic event like being served with divorce papers by, in effect, taking your ball and going home. You may wonder why, if your spouse is so eager to get away from you, you should have to contribute to their wellbeing by continuing to provide things like health insurance. […]

In a perfect world, you and your spouse will develop a plan to handle the shared debts and bills from the home you’ve shared and joint financial instruments like credit cards. Some of the issues to be considered include: Who, if either of you, will remain in the marital home? Often, the spouse who retains […]

Separation is a legal status that many couples use as they consider whether they want to divorce. The couple lives apart and leads separate lives, and a court order is in place that outlines the responsibilities they have to each other and any children. After a year, the separation agreement can be used to produce […]

Zelenitz, Shapiro & D’Agostino offer legal services to people in the Queens, New York area, with a personalized approach and at competitive rates. When you retain us to be your divorce lawyers, you’ll sign a contract that describes the terms and specifics of our services and our billing cycle, but in general, expect to be […]

In New York, people file for divorce citing one of several grounds. These include adultery, cruel and inhuman treatment, abandonment, imprisonment, legal separation for one year, and irretrievable breakdown. This last ground, irretrievable breakdown, is new to New York as of 2010, and its addition to state law made New York the 50th state to […]

Typically if both parties have participated fully in a divorce action, the judge accepts the settlement that the sides negotiate. In the case of a default divorce or where a spouse is not represented, the judge has more discretion in deciding whether or not a settlement agreement is appropriate. If your divorce is contested and […]

If you’ve experienced a significant life change like a job loss or a serious illness and can no longer afford the child or spousal support obligations you’ve agreed to, you have to notify the court. Child support is calculated as a percentage of your income, while spousal support is often a more complicated calculation. If […]

No, all three terms refer to the same thing. Whatever you call it, in New York, courts make an effort to ensure that the contributions made to a marriage by the spouse who wasn’t the “breadwinner” don’t go uncompensated if the marriage ends. While one spouse may have outstanding achievements in the boardroom and a […]

There is a presumption in New York divorce law that the higher earner has benefited from the contributions of the lower earner, who may have chosen to forego certain educational opportunities or career paths in order to raise kids, take care of the home, or otherwise play a support role in the higher earner’s life. […]

In an uncontested divorce, you and your spouse are able to come to terms for a settlement offer and your spouse agrees to the divorce. This may be by participating (but not obstructing) the divorce process, or your spouse may agree to the divorce by simply failing to respond when served with notice of the […]

In an uncontested divorce, you shouldn’t have to appear in court at all. In most cases of uncontested divorce, you and your spouse will develop a settlement agreement and your lawyers will present it to the court. While the judge always has a right to call you and your spouse to court if there are […]

It’s impossible to give an estimate of how long any particular divorce will take without some basic information, but in general, you should anticipate that your divorce will take a matter of months, and if issues are thorny and you and your spouse are unable to negotiate with one another, the timeframe can stretch into […]

Child support is a very serious obligation that the non-custodial parent is required to abide by. If your former spouse is avoiding making child support payments for any reason, it’s important that you let the court know. There are steps the court can take to enforce support obligations, including finding your former spouse in contempt […]

Yes, if you are the so-called “non-monied spouse” in the marriage, the court has a presumption that the wealthier party will pay some or all of your legal fees. New York law makes this presumption, under the theory that a party’s wealth or lack thereof should not be a hindrance to that party’s assertion of […]

It’s very common to hear that a client has concerns about their ex’s new boyfriend or girlfriend, and many of the people we represent would simply prefer that their kids not have a relationship with a former spouse’s new love. It’s the most human thing in the world to want that, but in New York, […]

The state of New York would prefer that every divorce where children are involved resulted in two parents living separately, but working together to raise secure, well-loved kids. Unfortunately, all too often the bitterness of a marriage that didn’t work out or a divorce settlement that didn’t go the way one party had hoped spills […]

Without a court order, your spouse may not deny you access to your home. That said, it sounds like your situation may be beyond something you should try to work out on your own. Your attorney should notify the court of the situation and ask the judge to put a stop to it. Your spouse […]

Unless your spouse received permission from the court – and you have been served with a temporary restraining order – then you are being illegally locked out of your home. While your impulse may be to go and argue your way back in, don’t. The best way to handle this situation is to tell your […]

You and your spouse are both entitled to an equitable distribution of marital assets and debts. In situations where a married couple buys a home together, the house can be considered a marital asset, but in your situation, it sounds like it was an asset you brought into the marriage and would be considered a […]

Whether it’s not paying maintenance or child support, playing with the rules around visitation and custody, or engaging in harassing communications, for some ex-spouses, the post-divorce landscape includes an ex who simply won’t comply with court orders. When that happens, and especially if your former spouse is developing a pattern of non-compliance, let your lawyer […]

New York courts understand that spouses have an obligation to care for one another, and in a marriage, it is recognized that one spouse often makes material sacrifices that diminish his or her earning potential or existing resources. If you are the lower earning spouse in a marriage that is ending, the attorneys at Zelenitz, […]

With the permission of a Family Court judge, yes, you can. Getting the judge’s permission almost always requires that your former spouse approve and that an updated custody agreement is in place. For obvious reasons, these can be very sensitive negotiations that demand a lot of flexibility from both parents, but especially the one hoping […]

For some couples, dividing assets is a pretty simple process. For others, there are complex financial considerations and long term calculations that have to be made. If you and your spouse started a business together during the marriage, it is marital property whose disposition will have to be negotiated as part of the settlement. There […]

It’s very common when a couple has children that the custodial spouse will remain in the marital home and keep the children in the same schools and with the same peers as before the divorce. Depending on the other financial considerations of the divorce, it may make sense to both parties for you to keep […]

Your home doesn’t have to be sold, and in today’s market it’s often impossible for a couple to sell their house at a profit. For many couples, the better choice is for one spouse to remain in the home, refinance it as the sole owner, and then pay the other spouse an equalization payment of […]

This is something that will need to be negotiated between the spouses as part of your settlement. If you are both committed to staying in the home, your divorce may get very ugly and the court will need to intervene. If one or both of you are willing to move out, then the disposition of […]

Your income, along with your former spouse’s income, may change the way the court calculates the support formula. When the combined parental income exceeds $141,000, the court may choose to consider other factors when establishing the support formula and not rely on the strict percentages laid out in the CSSA. Factor analysis, as opposed to […]

Unfortunately, it may take many months for you to receive your Judgment of Divorce from the court once the paperwork is complete and submitted. As eager as you may be to move on, there’s really no way to speed up the process, so think of this period as an opportunity to take stock of things […]

In any divorce action, you are required to provide detailed financial information to the court to ensure that marital assets and debts are distributed equitably. In a contested divorce action, both parties have the right to a discovery process, which allows both legal teams to gather information about the other party. This information is often […]

No, although an inquest means the court is prepared to hear arguments and reach decisions related to equitable distribution, support, and the rest of the items that will comprise the final settlement. There’s still a lot of paperwork that has to be processed prior to the court mailing you the final Judgment of Divorce, which […]

In an uncontested divorce, you shouldn’t have to make any court appearances. If your spouse is telling you that they’ve advised their attorneys to negotiate a settlement but you’ve received a summons for a court appearance, there are good odds your spouse is not being truthful. Protect yourself and talk to a Queens divorce attorney […]

It depends on whether the divorce is being contested or not. In an uncontested divorce action, you will receive a signed Affidavit of Defendant from your spouse. If you do not receive the Affidavit of Defendant, or another response from your spouse, within 40 days, this may be grounds for a default divorce. Alternatively, your […]

Once served, your spouse has 20 days to respond. Failure to respond means that the court is likely to award your divorce along the lines of the settlement you offer. This is called a Default Divorce, and is sometimes used as a low-cost option for couples who believe they can negotiate the issues on their […]

Once served, your spouse has 20 days to respond. If they don’t respond within that window, they are considered to be in default, and the court can issue a default judgment, effectively agreeing to your settlement terms. Some couples choose the default judgment method as the least expensive option for divorce. Default divorce also protects […]

New York is an Equitable Distribution state, which means that marital assets (and debts) will be divided fairly by the courts if the parties can’t reach a negotiated settlement on their own. The courts have long held to that standard, and, to your question of cruel and inhuman treatment, the courts deviate from equitable distribution […]

Yes, New York allows a process known as “publication divorce” for situations where one spouse has, for all intents and purposes, disappeared and the other spouse doesn’t know how to locate him or her. In a publication divorce, you are required to conduct a thorough search of the internet, public databases, DMV records, and other […]

It’s very important for you to have a full accounting of the financial assets of your marriage. Especially for couples who’ve been married for many years, think of the marriage as a piece of property you have equity in. If your spouse decided to sell the family car, you’d want your fair share, right? One […]

First of all, you should know that New York doesn’t require either of you to hire a divorce lawyer, and either or both parties can represent themselves. That said, when it comes time to negotiate the details of a divorce, and then again when important things like filing deadlines approach, having a lawyer on your […]

New York courts divide property according to a principle known as “equitable distribution.” This doesn’t mean “equal” distribution, it means that each party will have made individual contributions to things like maintaining the home, vehicles, educating children, and other significant expenditures, as well as earning income, accruing debts, saving for retirement, and more. At the […]

Custody issues are never easy, and while New York courts understand that a person’s life may take them out of state after a divorce, you may not move your children out of state without the court’s permission. This is doubly true if your former spouse is opposed to the move. Making these kinds of transitions […]

You’re probably okay on property you owned prior to the marriage. New York courts focus on what’s known as equitable distribution of marital assets – but separate assets, like property you owned before the marriage – is typically excluded from the divorce proceedings. In some cases though, a spouse may have a legitimate claim to […]

If your husband committed adultery during your marriage, it probably won’t have much impact on the amount of support the court will make him pay. However, if you can demonstrate that your husband spent marital funds on gifts for his mistress, tickets for trips, or supported her in any way, then you have every right […]

First, if you believe that you or your children are in danger, call 911 immediately. Police can connect you with short term resources that keep you safe, and of course, will arrest your spouse when a threat is imminent. As for how domestic violence can affect your divorce, the court has a strong interest in […]

It depends on where you are in the divorce process. If your spouse has not yet been served, your attorney can voluntarily dismiss the case. If your lawyer has not yet filed a Request for Judicial Intervention (RJI), which assigns a judge to your case, your process is effectively on hold. Later along in the […]

New York recognizes two types of custody, legal and physical. If a parent has sole legal custody of a child, that parent is responsible for making major decisions about the child, such as choices about medical and surgical procedures, where the child goes to school, what religious instruction (if any) your child receives, and more. […]

Contrary to popular belief, there’s no advantage to be had in filing for divorce first. If you and your spouse are talking about divorce, don’t feel like you’re in a competition to get to the courthouse. New York courts are firmly committed to creating a fair and equitable outcome for both parties at the conclusion […]

Yes, child custody, visitation, and support issues can – in fact, must – be decided as part of your divorce. If your divorce is uncontested and you and your spouse can negotiate these issues and develop a plan you can both abide by, the court will likely accept your resolution. If you can’t reach a […]

In New York, the custodial parent does not have to provide any documentation or explanation of how child support payments are used. This approach likely saves New York courts from having to decide countless arguments about minor issues, like spending money on brand name goods instead of less expensive generic items, or purchasing foods or […]

Parents are typically responsible for child support until their children reach 21 years of age, but there are circumstances that reduce that. If your child enlists in the military, Peace Corps, or fall under other situations where they will no longer be living at home, the child support obligation is generally terminated. The same goes […]

College contributions can be something ordered by the court, but the precedents indicate wide latitude in how the court will implement it. Given the young age of your child, courts are unlikely to make these determinations a priority right now, and the precedents around tax deferred savings accounts like 529 Plans are complex and subject […]

There’s a good chance that the court will view a piece of land or real property you purchased during the marriage as marital property to be equitably divided. In the past, holding the title to a piece of property typically meant the title holder kept it upon the dissolution of the marriage, but under the […]

There are a lot of reasons why it’s important that you encourage – or even require – your child to participate in scheduled visits. First, your child deserves to have as normal a relationship as possible with both of his parents. Living apart can create challenges to that, and it’s your job as the adult […]

Generally speaking, a marriage performed outside the US that is valid in that jurisdiction is recognized in the US. It’s important to ensure that you obtain a valid marriage license from local authorities if you choose to have a religious ceremony in the US or in another jurisdiction, because it’s the license that makes a […]

Your only hope in removing your spouse from the marital residence is through a court order, and in New York, there are only a couple of reasons the court will order that. First, if there is violence or the threat of violence, the courts will act to protect your safety or to protect your marital […]

In most regards today, the grounds for divorce have little impact on the outcome of the proceedings, which is why all 50 states now allow for no-fault divorces. One exception is when there are minor children whose custody may become contentious. If you are unable to reach a satisfactory agreement with your spouse regarding custody […]

“Irretrievable breakdown” is New York’s version of “irreconcilable differences,” and allows for one spouse to unilaterally receive a no-fault divorce provided that; a) Your relationship with your spouse has broken down irretrievably, b) The relationship has been irretrievably broken for a period of at least six months, c) One spouse states this under oath, d) […]

It depends on the kind of divorce. In New York, when you or your spouse file an uncontested divorce, you are typically not required to appear. Sometimes the court will have questions, and you or your spouse can be called in during the proceedings, but that’s not common. If your divorce is contested, you will […]

This is a question we have been asked a lot over the last several months. While many states do require a waiting period of separation before a divorce action, New York, like 34 other states, has no mandatory waiting period. If you are considering divorce, why not speak to an attorney for free. Give us […]

Inherited money or other assets are considered separate property, which your spouse is not entitled to. However, the money/assets may be subject to equitable distribution if you commingle them with other marital money/assets. This includes giving those inheritances to the children of the marriage or depositing the inheritances into a joint account. To keep the […]

You do not need to go to trial on issues that you and your spouse can agree to as and for a final settlement. You may need to go to trial for a divorce in Queens on individual issues if you and your spouse cannot agree. In that case, the Judge will make a final […]

Pendente Lite is Latin for “pending the litigation.” As such, Pendente lite support is relief given during the pendency of the action and prior to a settlement or final determination by the Court. Pendente Lite relief may include a temporary determination of child custody, visitation, spousal support, exclusive use and occupancy of the marital residence […]

In Queens, NY, yes, your spouse needs to be personally served. As a party to the action you may not be the one that personally serves the papers on him/her. It must be another person over the age of eighteen (18) that serves your spouse. If you need help with a divorce, call the attorneys […]

If you have an existing Family Court matter when you file for divorce, your attorney may make a motion to consolidate the Family Court matter with the divorce matter. Otherwise, Family Court will retain jurisdiction over the pre-existing matter. If you live in Queens and have a family law matter or are considering divorce, contact […]

We know many people are anxious are get the divorce completed but there is one last step before that happens. You are officially divorced once the Judge signs what is called a Judgment of Divorce. If you are thinking about a divorce, give us a call at (718) 736-2778 – the call is free.

You may get re-married only after a Judgment of Divorce is signed by a Supreme Court Judge. Typically, this may not happen for months after the necessary documents are submitted to the Court.

During the duration of the divorce proceeding, you must keep everything status quo, as it was before the divorce proceeding was commenced. If your spouse was covered under your health insurance policy before the divorce proceeding began, he or she must remain on until the divorce proceeding has concluded. If your health insurance plan has […]

In order to have an uncontested divorce, all issues of the marriage must be resolved. Both parties need to be in agreement about everything, including but not limited to child custody, visitation, equitable distribution of marital assets and entitlements (if any) to spousal support, retirement accounts and even the value of a degree or professional […]

In all matrimonial or family law matters, your appearance at all court appearances is required unless otherwise specified. In Family Court matters, you may qualify to appear via Telephone, however you must complete an application to do so. Additionally, you must be in the presence of a Notary Public at the time of the scheduled […]

Yes, the child support is still payable to the parent that has residential custody due to the fact that during the school breaks the child returns home. If you or someone you know has recently been involved in a child custody case and has questions regarding child support, contact the Zelentiz, Shapiro, & D’Agostino at […]

It is not mandatory to pay for a child’s college expenses because student loans are available. However, it is the Court’s decision to make if the parties cannot agree; one of the main factors taken into consideration is the educational background of the parents. Have you recently gone through a divorce and have questions regarding […]

Due to the fact that most divorce cases resolve in a settlement agreement, it is difficult to receive an increase in family court if you initially accepted a lower amount than entitled to during the divorce proceedings. However, family court can provide an increase in the event there is a change of circumstances. If you […]

For the purposes of basic child support, no, it’s only the parent who is paying.  However, for child support add ons such as medical expenses and day care, both parties incomes are considered and the contribution is pro rata based upon your respective incomes. Do you or someone you know have questions regarding the child […]

While it is not mandatory, it is not uncommon that the other parent would agree to contribute towards the expenses for children’s extracurricular activities. If you or someone you know has questions regarding child support in New York, contact Attorney David Shapiro at 718-523-1111 for a free consultation.

No.  The cost of the insurance benefits is not a credit towards the reduction of child support. If you have questions about the law regarding child support in the state of New York, contact the Law Office of Zelenitz, Shapiro, & D’Agostino at 718-523-1111.  Let them help answer any questions you may have.

Yes. In New York, child support is connected to the parent the child resides with. If you or someone you know has questions regarding child support or any other aspect of divorce law, contact Queens Divorce Lawyer David Shapiro at 718-523-1111 for a free consultation.

Joint or Sole Custody has to do with who has the right to legal decision making for major factors such as religion, education, medical, and general welfare of the children. Have you recently entered into a legal situation regarding custody of your children?  If so, contact the Law Office of Zelenitz, Shapiro, & D’Agostino at […]

There are many instances when even though either an agreement was made, or an Order of Support was entered by the Court, the person paying child support to you in Queens either fails to pay and/or does not pay in a timely manner. In an effort to avoid this, there is an agency called the […]

The Child Support Standards Act is a federal law that is the same in every state and directs that child support be paid based upon the amount of children of the marriage. Here’s a breakdown of percentage of income that will be dedicated o child support. 1 child – 17% 2 children – 25% 3 […]