David Shapiro

When it comes to deciding child custody, factors like income and hours worked do play a role, but usually not a large one. What the court is interested in is the overall best interests of the child, which is where your focus, and that of your spouse, should also be. There are certainly cases … [Read more...] about I Earn Less But My Spouse Works More. Which Of Us Is More Likely To Get Custody In Queens?

By filing a notice of appearance with the court and your spouse’s attorney, you indicate that you will be participating in the divorce, and not merely accepting the terms in your summons with notice or summons and complaint. If you were served with a summons with notice, you’ll request a copy of … [Read more...] about How Do I Contest A Divorce Action In Queens?

While custody used to overwhelmingly go to the mother, in recent decades society and the courts have begun to better recognize the role of fathers and the importance of giving that relationship a higher priority in a child’s life. Often, parents will begin the custody negotiation with one … [Read more...] about How Realistic Is It To Go For Shared Custody When My Spouse In Queens Objects?

While New York used to have a number of barriers to divorce, as of 2010, those walls have fallen. Today, instead of needing a one-year separation to file for divorce, you can file at any time under the Irretrievable Breakdown ground. This is New York’s version of no-fault divorce, and allows … [Read more...] about How Long Do We Have To Be Separated Before We Can File For Divorce In Queens?

If your spouse left you with the kids and isn’t paying child support or temporary maintenance, you should pursue an emergency motion with the court to remedy the situation. Your spouse doesn’t have the right to impoverish you and your children through abandonment, and the court has the power to … [Read more...] about My Spouse Left Me With The Kids. How Do I Make Ends Meet While I Wait For Our Divorce In Queens?

Because of tightened lending standards since the Great Recession, it’s more and more common to find situations where one spouse wishes to retain the marital home but can’t get approval to refinance the home into their name. When this happens in your divorce, you both have some choices to make. … [Read more...] about How Do I Get My Name Off The Mortgage If My Spouse Can’t Refi In Our Queens Divorce?