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 […]

There is no denying that teenage drivers are the most expensive drivers to insure. Therefore, you need to make sure that your teen driver has the right insurance coverage. Even under good circumstances, finding affordable auto insurance for divorced parents’ children can be challenging. You must ask yourself, “Is my child covered under my car […]

The process of a divorce can be difficult because you are dividing your life from someone else. If you have been married for several years, the process can be frustrating because you have intertwined so much of yourself with the other person. Something such as figuring out term life insurance after divorce can send you […]

Divorce is a word no one is happy to hear even when the separation is for the best. You’re probably feeling a cocktail of emotions that range from anger to relief, all while trying to balance daily responsibilities and adjusting to life without a partner. The common words of comfort and jokes about the benefits […]

It’s been a remarkable few years for disgraced Hollywood mogul Harvey Weinstein. Once the top dog at Miramax and The Weinstein Company, Weinstein is the mind behind two generations of pop cultural benchmarks, including such films as Sex, Lies, and Videotape, The Crying Game, Pulp Fiction, and Shakespeare in Love. Actors who wanted to win […]

It was a second walk down the aisle for both, and when New York Times publisher and chairman Arthur Sulzberger Jr. married investment executive Gabrielle Greene in August 2014, the partnership seemed like a sound one. She was eight years his junior, sure, but already into her 50s. As a general partner with a top-shelf, […]

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 […]

For over a year now, actor and icon Robert De Niro has been involved in a nasty custody dispute with his estranged wife of 22 years, Grace Hightower. The shock announcement in November 2018 that they had split took the world by surprise. He’s 76 years old, after all, while she’s a comparatively young 64, […]

What a long, strange trip it’s been for Linda and Harry Macklowe, two of New York’s richest people, whose nearly 60-year-long marriage ended spectacularly in 2016. Harry kicked off the end of things with a blind-side revelation that for the past few years, he’d kept a mistress in an apartment in one of the tony […]

David Koechner is one of those actors whose face is famous but whose name you probably don’t know. A comedian by trade, he’s probably best known for portraying the characters Champ Kind in the Anchorman movies with Will Farrell, and as Todd Packer on NBC’s long running sitcom The Office. On The Office, he re-joined […]

Divorcing In Queens And Want To Avoid Publicity? Then Get A Good Attorney. Sometimes there are divorce stories that really get to the heart of how radically different each state’s laws around divorce are, and how significantly that can affect the outcome of a divorce. Over in Iowa, the state’s junior U.S. senator, Republican Joni […]

The Real Housewives franchise never ceases to cheer the hardworking men and women who staff the nation’s tabloids. From feuds to ridiculous marriage choices to decidedly dirty divorces, the casts of all the shows – and especially the New York City edition – supply a nearly limitless stream of content for gossip writers and their […]

It’s been more than a decade since their parents divorced, but the adult sons of real estate magnate Elie Hirschfeld, himself the son of famous eccentric Abe Hirschfeld, have come of age and filed suit against their dear old dad. They’re asking for $50 million in damages and alleging that Elie has withheld a trust […]

Syndicated television talk show host Wendy Williams is saying goodbye to her marriage of 21 years after husband Kevin Hunter allegedly engaged in an extramarital affair that resulted in the birth of a child in March. The ordeal has taken a significant toll on Williams, who put her show on hiatus early in 2019 for […]

When acting legend Robert De Niro announced last fall that his two-decade-long marriage to philanthropist Grace Hightower was ending, he may not have expected the minor circus that is increasingly engulfing him. While the couple has a prenuptial agreement, they’ve been to court repeatedly to negotiate custody terms for their 7-year-old daughter, Helen Grace. For […]

It’s a well understood fact that when the super-rich get divorced, they try to keep the matter out of the papers. This isn’t only about wanting privacy in a difficult time, whatever the text of their public relations statements may say. There’s another very important reason to avoid publicity when dollar figures may routinely be […]

Since coming to power in 2017, President Donald Trump has introduced or reintroduced a dazzling and sometimes baffling cast of characters to the American public. Figures like the well-known Rudy Giuliani or the previously unknown Michael Cohen have brazened their way to notoriety on the coattails of the reality TV president, but possibly no one […]

Almost as though he never left, Anthony Weiner, the disgraced former congressman and the husband of longtime Hillary Clinton aide Huma Abedin, has been released from Federal Medical Center Devens in Massachusetts. He was sentenced to serve 21 months at the prison, alongside members of the Gambino crime family, a brother of Bernie Madoff, and […]

It’s been almost a year since Judith Giuliani filed for divorce from former mayor and current presidential legal spokesman Rudy Giuliani, and the story that’s developed in those months has not been a pretty one for hizzoner. As new revelations of infidelity and increasingly strange television appearances have left the public wondering what, exactly, is […]

Two and a half years after completing a nearly four year long divorce, Real Housewives of New York City star Bethenny Frankel and her ex-husband, Jason Hoppy, just can’t seem to quit each other when it comes to courtrooms. The latest round of post-marital infighting is playing out because of dueling custody petitions that were […]

Famously (for divorce lawyers, anyway) New York was the last state in the union to allow no-fault divorces, a change that only occurred in 2010. Prior to passage of those reforms, New Yorkers had to prove fault based on one of several grounds, and the standards that had to be met were high. Spouses were […]

A rabbi who was once credited with creating the Jewish social scene in the Hamptons, and was then forced from it after too many marriages and divorces, is back in the news. Rabbi Marc Schneier, the founder of the Hampton Synagogue in Westhampton in the early 90s, who was booted from leadership of the congregation […]

It’s a bit of a mystery what the specific dispute is, but that’s par for the course for notoriously private Robert De Niro, who in November announced that his 21-year-long marriage to wife Grace Hightower was ending in divorce. Hightower has also kept mum in the interim, leaving reporters and the public to speculate about […]

Harry and Linda Macklowe, whose octogenarian divorce has sparked countless headlines, are apparently set to spark a few more. After a judge went through the painstaking effort to write an order laying out an equitable distribution of their immense fortune, art collection, properties, and yacht, it seems that the couple, which has been fighting since […]

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 […]

How Fraud Affects Queens Divorce Cases It was a bad relationship that took a nosedive into a criminal fraud worth hundreds of thousands of dollars, but after serving her time in Rikers, the once-celebrated vegan lifestyle guru and Pure Food and Wines owner Sarma Melngailis has filed for divorce from her husband. How they got […]

Hiring A Queens Divorce Lawyer When A Spouse Has An Affair In splashy coverage from The New York Post, the cause of the recent divorce filing by Judith Nathan, wife of former mayor Rudy Giuliani, has finally become clear. Giuliani, who began his relationship with Nathan while still married to his ex-wife, Donna Hanover, has […]

Hiring A Queens Divorce Attorney To Prevent Your Spouse From Spying On You Perhaps it never hurts to try, but for one Brooklyn man who did quite a lot wrong on his way to divorce court, it seems likely that his latest legal filing will end up being considered little more than a nuisance. In […]

When parents fight during and after a divorce, judges are forced to wrestle with their disputes and arrive at some accommodation that preserves each parents’ relationship with the child, while minimizing the opportunity for further conflict ahead. At least, that’s the idea. We all know it doesn’t always work out that way. For Real Housewife […]

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 […]

Hiring A New York Divorce Lawyer In Queens Everyone goes through significant life changes when their marriage ends, but for elites, the turns life can take in the aftermath of a divorce can be surprising. For renowned painter George Condo, that transition has opened the door to a romance with a much younger, but extremely […]

How To Have A Quick Divorce In New York Maybe you are interested in the not-so-messy divorce of one of New York’s richest people, like billionaire real estate investor Andrew Farkas. Andrew’s 2016 divorce from his wife of 15 years, playwright Sandi Goff Farkas, only made news after it was over, when Andrew, then 56, […]

Their long engagement was a largely hush-hush affair, but at the end of the day, it was Hollywood, and secrets rarely stay secret for long there. Actor Laurence Fishburne, in an appearance on the Tonight Show in 2001, spilled the beans to Jay Leno about plans to marry his girlfriend, actress Gina Torres. They had […]

New York Divorce Lawyer For Contested Cases And Dividing Assets When you think about epic political sex scandals, there are plenty that come to mind. For many New Yorkers, the bizarre very public divorce of Rudy Giuliani from his now ex-wife Donna Hanover stands apart. It had all the elements of a sizzler of a […]

Divorce Attorney For Gay Couples In Queens, New York Most people take it for granted that if their marriage runs aground, the doors of divorce court will be open to them. However, a recent story out of Manhattan shows that for at least some people who marry in the city, accessing the courts to end […]

Queens Divorce Attorney For Contested Divorces and Division Of Assets A lot of couples divorce, at least in part, because of the stress caused by money problems. A declaration of bankruptcy following a divorce is a pretty common way to help regain control over one’s finances in a new, single-earning situation. Wiping the slate clean […]

Deciding Custody And Spousal Support In A New York Divorce Once upon a time, they were happy Brooklynites. He taught middle and high school history and pursued modeling and acting, while she brought home the bacon as a real estate broker at Brown Harris Stevens. Then Jesse Williams got a part in the 2008 film […]

Hiring An Experienced Queens Divorce And Custody Attorney In a case that evoked shades of Margaret Atwood’s “A Handmaid’s Tale,” a Brooklyn mother in 2015 was ordered by a New York judge to “practice full religious observance in accordance with the Hasidic practices of ultra Orthodoxy during any period” in which she had physical custody […]

Not all celebrity breakups are designed to capture the headlines, and it seems that superstar actress Scarlett Johansson and her now ex-husband Romain Dauriac were as obsessed with privacy in their divorce as they have been in their life together. Fans were surprised in 2013 when news emerged that Scarlett and Romain had become engaged. […]

Polling shows that in America today, people are highly resistant to marrying someone from another political party. Not that it can’t work. Just ask Mary Matalin and James Carville, two high-powered partisans from different sides of the aisle. She spent years working closely with the Bush family and was Chief of Staff to RNC Chairman […]

Worried that your divorce might be ugly? It’s always a possibility, but the good news is that however bad your divorce may, or may not, end up being, it’s unlikely that you’ll ever have to live through what Oleg Mitnik, 46, has endured during his split with his wife. Why You Should Hire A Divorce […]

When you meet with a divorce lawyer for the first time, you will almost certainly be counseled to do your best to restrain any frustrations you may be feeling. Very few people come into the divorce process truly amicably, and many arrive with metaphorical steam pouring out of their ears as they outline the various […]

It turns out that the age-old strategy of litigating a matter in the press can backfire spectacularly, and for billionaire real estate developer Harry Macklowe, it appears to have done just that. The man who has bought and sold much of Manhattan’s skyline held an impromptu press conference with reporters outside of a Manhattan civil […]

As a cultural icon, Madonna needs no introduction, and her ex-husband, British filmmaker Guy Ritchie, has also thrived in the spotlight for long enough that most are likely familiar with both his work and his marriage and divorce from the music legend. What has been fascinating about their breakup, and the part that may resonate […]

Sure, he only pays a rate of 8.97 percent in New Jersey state income taxes, but Appaloosa Management founder David Tepper has been the highest paid hedge fund manager in the industry for at least two recent years, and Appaloosa itself holds $20 billion in assets. In 2014, news broke that Tepper and his wife […]

It took a while to get the full story, but when legendary Greenwich Village restaurant Da Silvano closed in December, there was more at play than an owner who was tired of fighting the economics of New York’s food industry. While initial reports noted the out of control rent for the building the establishment had […]

News hit today that morning talk show host Mika Brzezinski has listed her Bronxville, New York, home for a sweet $2.09 million, a nice bump up from the $1.6 million she and her now-ex-husband James Hoffer paid for the property back in 2012. The status of the house had been a lingering question mark after […]

Luckily, the world is filled with capable professionals whose skills and maturity can ease their way through life’s harder moments, like coming through a divorce and custody issue. Unfortunately, divorce and custody matters can be so stressful and emotional that even the best training in the world can fly out the window and turn two […]

An eye popping business dispute between former lovers is putting the conflict inherent in building a business with a romantic partner on full display. The issues involved may even end up before the Supreme Court, and the parties may one day come to wish they’d married and used the mechanisms in divorce court to sort […]

Two of Costa Rica’s titans of finance and real estate development have been embroiled in a divorce valued at some $800 million. The action has now spilled over the nation’s borders, with one spouse allegedly seeking refuge in Nicaragua to find more favorable divorce laws, and another launching an action here in New York to […]

In a bizarre case of late-in-life marital breakdown, the 87-year-old wife of an 88-year-old real estate mogul has filed for divorce in Palm Beach, Florida. Burton and Lucille Handelsman have been married for 67 years, and have built a fortune in commercial real estate in Palm Beach, Key West, Nashville, Greenwich, Connecticut, and New York […]

New York’s Taxi King, Gene Friedman, hasn’t had the best few years. By 2013, he owned 860 taxi medallions in the city, plus vehicles in Chicago, New Orleans, and Philadelphia. He had fought bitter public battles against Rudy Giuliani’s administration and sued the city and Michael Bloomberg personally during Bloomberg’s administration. Friedman personally raised $50,000 […]

It’s hard to feel too bad for Steve Cohen, a billionaire hedge fund manager and one of the richest people in the world. He’s also the father of seven children, including two with his first wife, Patricia, whom he divorced in 1990. Even though Cohen remarried in 1992, his relationship with his ex-wife has persisted […]

When celebrity chef and restaurateur Bobby Flay and “Law & Order: SVU” star Stephanie March wed in 2005, they negotiated a prenup ahead of time, as many couples do. The purpose of a prenuptial agreement is to establish rules for property distribution and spousal support in the event that the marriage fails, and many prenups […]

One of the most common concerns people have when divorcing isn’t necessarily about the divorce itself, but the blowback they might experience when others learn about it. Whether a divorce is caused by bad behavior by one or both spouses, or simply a couple falling out of love after a promising start, New York protects […]

A New York hedge fund manager and his new wife have taken the unusual step of securing restraining orders against his ex-wife after she posted a series of threats against them on Facebook. Josh Resnick, a managing partner at Jericho Capital and an early investor in Google, and his wife Danyelle Freeman asked for orders […]

A New York socialite with a penchant for horses and Real Housewives pals may have struck gold when she sought to have her divorce agreement rescinded and the judge realized that her ex-husband had never even signed it. Instead of paying out $5M a year for 12 years, as ordered after the couple’s 2015 negotiations, […]

Anthony Zappin likely had no idea how substantially his life would change when he decided to represent himself in his divorce. A new dad, he apparently believed his marriage to wife had reached its end, but was still very invested in maintaining a relationship with the couple’s new son. Though he had representation for a […]

When it comes to protecting your assets in the event of divorce, New York offers spouses a number of options both before and after they marry. A well-drafted contract that is signed on by two informed parties will be binding, even if they are married to each other. These can be in the form of […]

Dealing with competing claims on property in a divorce can spark conflicts that drag things out for months or years, and those delays can create headaches for both parties. So it is for Maurice Amon, a Swiss businessman, and his soon-to-be-ex-wife, Tracey Hejailan-Amon, who are battling in Manhattan Supreme Court over the status of an […]

It will be extremely advantageous to both of you to work out details like the distribution of household goods on your own. Your judge isn’t likely to be pleased to spend time deciding which of you gets small appliances or pieces of furniture, and one likely outcome is simply that the judge orders them to […]

Student loans sometimes factor into a divorce, and sometimes don’t. If the loans were accrued during the marriage and were used to pay household bills or otherwise support both parties, then that portion of them may be subject to distribution. That means that you may end up having to pay some part of your spouse’s […]

Yes, in most cases the employment benefits accrued during a marriage are considered marital property and will be divided between the spouses. Depending on your circumstances, your spouse may be entitled to as much as half of accumulated 401(k) values, any pension attached to your work, and other benefits you have received from the start […]

No, you aren’t required to have a lawyer in order to divorce in Queens, and there’s no sign-off process for asset distribution required by law, aside from the court’s approval of your settlement agreement. That said, couples with extensive assets to distribute should consider working with divorce attorneys to ensure that their agreement is fair, […]

There are several different types of alimony, known as “maintenance” in New York, that are available in a divorce in Queens, and there are different factors considered in how they are calculated. For temporary maintenance, provided during the duration of the divorce, the court will rely on a statutory guideline to calculate the amount you […]

Truthfully, there’s no way to audit your former spouse’s spending to ensure that every penny of your payments is spent on child-related things. Further, the court has a very broad view of what those things may be. No judge in New York will ask your child’s other parent to account for whether a given grocery […]

Your custody agreement is a negotiated contract where you can and should push to get as much – or as little – time with your kids as you want. You and your spouse will be expected to work out the details of where the children will live, how often you’ll have the children overnight, whether […]

No, you won’t be able to use the same lawyer for an uncontested divorce in Queens. Depending on how long you’ve been married, what assets and debts you have to distribute, and whether or not you have kids, you may be able to simply file a completed petition on your own. Younger adults who’ve been […]

Yes, you can get divorced in Queens whether or not your spouse hires a lawyer, and even in cases where your spouse refuses to participate in the process. Under a series of reforms enacted by the New York legislature in 2010, people can now divorce unilaterally, whether or not there was a fault on one […]

In many divorces in Queens, the spouse who earns more money will be ordered to pay some or all of the lower-earning spouse’s legal fees. It’s a fairly routine part of the divorce process, but it’s also something you can’t get if you don’t ask for. If you’re considering divorcing in Queens and aren’t the […]

Rehabilitative maintenance is a durational financial contribution paid by the higher earning spouse in a marriage to the lower earning spouse, after the divorce is finalized. The purpose is to allow the lower-earning spouse time to advance their career, education, or take other steps to become financially independent. The length of payment will be related […]

Unfortunately, no, you won’t automatically get custody of your children solely on the basis of your spouse’s adultery. That said, most custody cases are decided through negotiation, not litigation, and when your spouse has broken your trust, it can seem impossible that you’ll be able to work productively together and co-parent. This is where working […]

Probably not. While it makes sense that the person who went to work every day to provide resources for all the things you own as a couple would get more at the end of the marriage, what the court will focus on will be the disparity between your income and your spouse’s. The court’s focus […]

Divorce has changed a lot over the years, and while courts may once have been willing to entertain a spouse’s assertions about the bad behavior of their partner, and reward them for their trouble, those days are long gone. Today, divorce in Queens is treated very similarly to the way the dissolution of a business […]

New York used to have strict requirements when it came to divorce, forcing couples who no longer wanted to be married to go to extreme lengths to prove a case against one party. At that time, high standards of evidence and a limited number of grounds for divorce made the process difficult and expensive. In […]

Yes, while custody used to be heavily tilted in favor of mothers, today the courts take a much more neutral view when it comes to gender. Fathers probably still face some headwind in terms of winning custody in a disputed matter between two fit parents, but New York is home to plenty of single-parent households […]

No, the mother of the children in a divorce does not always get custody in a divorce in Queens. While courts used to prioritize the bond between mother and children, parenting today is very different, as is the legal situation that fathers face when they wish to be the custodial parents to their children. Today, […]

No, women do not always get alimony in a divorce in Queens. In fact, in today’s economy, women often out-earn their husbands, meaning that they may ultimately be responsible for paying alimony (known as spousal maintenance in New York) after a divorce. Spousal maintenance is money paid from the monied spouse to the non-monied spouse, […]

No, men do not always end up paying child support in their divorces in Queens. In fact, many fathers successfully petition for custody of their children and win. Gender is not the barrier to custody that it once was, especially in an era where same-sex marriage means that both parents in a custody fight may […]

No, men do not always end up paying alimony, known in New York as spousal maintenance, after a divorce in Queens. Not all divorces include maintenance, and when they do, the calculations are made based on the relative incomes of each spouse. Today, many women earn the lion’s share of income for the household, and […]

During a home evaluation, the court is looking for a full picture of the home environment that the child is, or could be, living in. The evaluator will check for potential hazards, such as loose electrical wiring, lack of window guards on upper floors, open electrical sockets, and the general level of cleanliness of the […]

Judges consider a range of issues when deciding contested custody matters in Queens. Some of more significant elements include the length of time the existing custody agreement has been in place (judges generally prefer to protect the child’s stability), each parent’s ability to provide for the child’s intellectual and emotional development, the strength of the […]

While it is possible to include language that prohibits contact with your spouse’s parents, you should strongly consider whether your spouse will agree to that. There are instances where barring an abusive or otherwise damaging person from your child’s life makes sense, but without your spouse’s consent, you’ll likely face a contentious process. You should […]

Yes, while the financial health of both parents is considered in every custody matter in Queens, there are many factors that play into a parent’s bond with and ability to provide a stable and loving home for their children. A parent who left the workforce to raise the children is unlikely to raise an eyebrow […]

Appeals in any area of law are relatively uncommon, and that’s true of child custody as well. Appeals are allowed only in very narrow legal circumstances, such as when there has been an error in fact or in the interpretation of relevant law, and judges have strong incentives not to make these types of errors. […]

Moving out of the marital residence before you file for divorce in Queens can impact the final settlement, as well as elements of the divorce like child custody claims. Your own circumstances will dictate the best way to proceed, and an experienced Queens divorce attorney can give you the best insight into how a decision […]

Generally speaking, even when a custody agreement creates a 50/50 arrangement, the court will consider the higher earning spouse to be the non-custodial spouse for purposes of child support. While it is sometimes possible to waive child support, many judges simply won’t allow a custody agreement without including a legal obligation for the higher earning […]

A divorce settlement typically obligates both parties to a variety of actions related to finances and property. When your former spouse fails to follow through on those terms, they are in violation of court orders. If you’ve tried to discuss the matter with your ex and nothing has come of it, it may be necessary […]

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 where […]

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 the verified complaint. […]

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 pursuing custody in a way that threatens […]

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 you to attest that […]

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 order them to pay their […]

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. The most obvious option is […]

It’s important to keep in mind that a divorce filing is not a criminal complaint, and it’s not at all unusual for a filing to paint the least charitable picture of the spouse who is being filed against. Conversations and actions are routinely taken out of context to try to score points or prove grounds, […]

Yes, if you and your spouse can’t agree on the disposition of assets in your divorce, the judge can order that a liquidation sale be held, then apportion the proceeds between you. It isn’t a pretty way to handle asset distribution, and most couples are better off avoiding this outcome if they can. Doing so […]

When both spouses want a particular piece of property, negotiations will begin to decide its fate. You may be able to work out an agreement where one party parts with other property in exchange for the disputed item, or you may find a way to buy out the other’s interest in the property. In the […]

In a divorce, there is a general assumption that property is marital, and subject to distribution between the spouses. There are exceptions, and to protect separate property, you’ll need to show that the property falls into one of several categories. First, property you owned prior to the marriage is generally separate. Sometimes this can be […]

During a divorce, a lower-earning spouse may be eligible for what is known as pendente lite support, also called temporary maintenance. Alimony, which is known as spousal maintenance in New York, is awarded as part of the divorce settlement, and is paid when the divorce is completed. If you earn less than your spouse and […]

While hiring a lawyer for your divorce in Queens isn’t required by law, the potential downsides of divorce can make a lawyer the smartest choice you can make. If you and your spouse have significant assets or debt to divide, working with an attorney has the potential to save you large amounts of money in […]

No, while most of the other grounds for divorce in New York have burdens of proof that you must build a case to meet, and which can be denied, a divorce filed under Irretrievable Breakdown has no such burden. You must only attest that your marriage has been irretrievably broken for a period of six […]

Most people wonder how many court appearances they’ll have to make as part of their divorce in Queens, and the good news is that under ideal circumstances – an uncontested divorce where the parties have already resolved the relevant issues – you’ll probably never have to walk into the courthouse. As divorces get more complicated […]

If you are the higher earner in your marriage, then yes, your spouse’s lawyer will include a request for temporary maintenance and you will almost certainly end up supporting your spouse during your divorce. The presumptive award of maintenance is determined based on state-issued guidelines that were implemented as part of the 2010 matrimonial reforms, […]

How long you wait to file for divorce, and whether you choose to take steps to try to heal your marriage, are generally up to you. Under New York’s no-fault ground, you’ll need to attest that your marriage has been irretrievably broken for a period of at least six months, so that should be the […]

While adultery is a valid ground for divorce in New York, using any ground other than Irretrievable Breakdown adds to your costs, your burden of proof, and ultimately to your chance of having the divorce denied. New York was the last state in the nation to adopt a no-fault divorce option, and prior to that […]

Yes, in most cases a spousal maintenance award, also known as alimony, will be lower to the spouse making the payments when they also pay child support. The difference can be quite substantial, so it’s important that you work with an experienced Queens divorce attorney who can ensure that your actual financial situation is clearly […]

Yes, if you have income coming in when you file for divorce, it will impact whether and how much alimony you can receive. That doesn’t mean that going back into the workforce is the wrong approach, but it’s worthwhile to consult with an experienced Queens divorce attorney before making that decision. For instance, if you […]

Eligibility for alimony, known as spousal maintenance in New York, is based on a variety of factors as well as the discretion of the judge. The biggest consideration in any maintenance petition is that an eligible spouse will be the “non-monied” spouse, that is, they will earn less and have fewer assets, both marital and […]

Many people do their best to conceal income from the IRS, so those who work for themselves, work for tips, or otherwise have discretion to process their gross earnings may appear less well off than they really are. When you’re divorcing someone in this situation and want alimony, also known as spousal maintenance, you’ll need […]

There isn’t a standard formula that judges use to determine alimony, also known as spousal maintenance, in divorces in Queens. Instead, the judge will look at a variety of factors in establishing the validity of any maintenance request, and weigh those items to determine things like the amount of maintenance and the duration during which […]

Whether or not retirement savings will be subject to distribution depends a lot on your relative incomes. If you both earn a similar amount and no one has taken significant time off of work for life situations such as child rearing, elder care, or similar, then there may be no need to distribute any retirement […]

Health insurance is an enduring concern in the United States, and for people in Queens facing divorce, concerns about their ability to pay for insurance afterwards can be stressful. While most Americans continue to get health insurance through their employers, those in retail and service sector jobs or those who are self-employed may not have […]

If you have reason to believe that your spouse is trying to turn your children against you in your divorce in Queens, it’s important to speak up. Your attorney can ask the court to intervene and caution your spouse about their behavior. If you are not already seeking custody of your children, you should strongly […]

Yes, the court will likely assign interest when an award is to be made over time. While this is generally set at a 5% annual rate, courts in New York have sometimes been known to make the interest rate as high as 9%. Obviously, this variation could be extremely costly to you, so it’s important […]

You should be very cautious about taking steps like voluntarily leaving your job in an effort to get a higher maintenance award during and after your divorce. Judges have discretion to impute income to the parties, so the worst-case scenario is that your maintenance petition is denied, or greatly reduced, and you have no job. […]

If you can show that your spouse purposely failed to disclose income, you may be entitled to a credit for some or all of the temporary maintenance you’ve been paying in your divorce. Most likely this will be applied in the final settlement rather than in a cash payment, but relieving yourself of some of […]

When there is a court order in place telling you pay spousal maintenance, you are obligated to do so regardless of your employment status, or even your ability to pay. Failure to obey the order, even in cases where you’ve lost your job, can be punished by the judge. The best thing to do is […]

It isn’t a sure thing that courts will allow a modification based on remarriage, but it isn’t outside the realm of possibility either. Generally, judges in Queens are hesitant to make changes based on choices you’ve made, rather than events outside of your control, such as job loss or serious illness. That said, the circumstances […]

While it is technically possible to appeal a temporary maintenance order, the odds of prevailing are low. Assuming that the judge had accurate information and the order was consistent with guidelines for temporary maintenance, your best course of action may be to reach a settlement as soon as possible to end the divorce and the […]

It may. When one parent is fully or partly supported by a family member, new romantic partner or spouse, or even a job with extensive perks, judges will typically estimate an amount of “imputed income,” which can reduce the amount of child support that you pay to a spouse in that situation. It’s important that […]

Yes, if you are the lower-earning spouse in a divorce in Queens, you can have attorney fees, filing fees, and other legal costs assigned to your spouse. Depending on your circumstances and the specific terms of your divorce, you may have some or all of your legal fees awarded to your spouse. While this can […]

Be very cautious in how you approach selling, transferring, or disposing of property once you’re in a divorce action. At the time of filing, a series of automatic orders were issued by the judge, which were intended to maintain the status quo of the marriage on the day of filing for the purposes of establishing […]

If you’ve been legally separated for a year, and you’ve met the terms of the separation agreement, then you are able to convert the agreement into a divorce decree. If your spouse objects, it will slow the process down, but ultimately your spouse won’t be able to force you to stay married. When a divorce […]

It’s certainly possible to get a permanent spousal maintenance award in your divorce if you are disabled. Your marriage will have to have been a long one, but if you’ve been out of the workforce due to a disability, or your ability to earn a living is compromised by a disability, then the courts may […]

Yes, there are good odds that as part of the divorce settlement, you’ll take ownership of one of the two cars, even if they are in your spouse’s name. There can be complications that change that, such as if your spouse owned the cars prior to the marriage, or if they are valuable antiques or […]

Yes, an adult over the age of 18 can legally serve divorce papers, even if they are the child or step-child of the recipient. In many cases, parents prefer not to involve their adult children in the case, and will choose to spend a small amount of money and use a process server. By working […]

Once you purchase an index number for your divorce in Queens, you have 120 days to serve your spouse with notice of the action against them. Your spouse will then have 20 days to answer your complaint and let you know whether the case will be contested or not. There are rules governing the service […]

Yes, you can file motions in any legal action in Queens without a lawyer, but you should strongly consider whether pursuing a case without representation is a good idea. Divorce law is necessarily complex, and an experienced divorce lawyer will have a full understanding of the issues, what facts are relevant, and what they mean […]

You won’t be divorced until you have a signed judgment of divorce in hand, which will usually be issued weeks or months after your divorce trial. This means that you should plan to continue with the status quo when it comes to the orders in place during your divorce, and that you shouldn’t remove your […]

No, unlike in criminal proceedings in Queens, trials in divorces are heard by a judge, and no jury is involved. This is an important safeguard for your privacy, but can have impacts you may not expect. For instance, you may think that without a jury, your divorce trial will proceed quickly and the judge can […]

If you’ve reached a point in your marriage where your spouse is withholding money in order to prevent you from filing for divorce, you need to contact an experienced Queens divorce attorney right away. When a spouse displays behavior that controlling, it is a red flag for real trouble for you. Your spouse cannot force […]

If your spouse is threatening to use the divorce process to drain your wallet, you need to take immediate steps to protect yourself. Most importantly, you should consult with experienced Queens divorce attorneys who understand how to fight back against divorce actions that are designed to be punitive. New York’s divorce process is not intended […]

Yes, we are some of the most experienced divorce attorneys in Queens, and are well equipped in personnel and resources to manage even complicated, difficult divorce and custody actions. We work closely with our clients to help them achieve the outcome they want, through a process they are comfortable with. When spouses are locked in […]

Yes, if your spouse makes threats or has a history of violent behavior, you need a higher level of experience from your divorce team to ensure that your physical safety is protected once you file. In families where domestic violence has been an issue, or where you fear retaliation from your spouse for taking steps […]

Filing for divorce in Queens opens up a period of great uncertainty for most people. Whether you are still living in your marital residence or not, there’s no feasible way for you to be present at all times to monitor your home and make sure your spouse isn’t throwing your belongings into the yard or […]

Yes, non-disclosure and confidentiality agreements are frequently used to protect certain classes of information that must be disclosed in a divorce in Queens. Business owners may be obligated to turn over materials that would reveal trade secrets, for instance, and in those cases it’s not unreasonable to ask your spouse for a layer of protection […]

Not all divorces in Queens include confidentiality agreements, but when one party has reason to believe that disclosed information could be misused, they will often seek contractual protection prior to issuance. Whether or not to sign is a complicated question, and depends on various factors, including whether the agreement includes protection for any confidential information […]

Once you’ve filed for divorce, things can go downhill very fast in terms of being able to talk things through with your spouse. You may have begun with an amicable approach that degraded into a contested divorce. No matter how it happened, you’ll find yourself needing verifiable information for your case, and the way to […]

Yes, during the discovery phase of your divorce in Queens, you and your spouse will exchange statements of net worth, as well as pertinent information like the appraised value of physical property. Accurate financial information from both parties is vital to achieving a fair divorce settlement, and failure to comply by either spouse can lead […]

The discovery phase of your divorce is the period in which both sides share financial disclosures and other information they need to proceed with the action. During the Preliminary Conference, the sides will establish a discovery schedule, and the parties will agree to exchange financial information, as well as the Notice for Discovery and Inspection, […]

Grandparents are sometimes able to obtain custody of their grandchildren in Queens. While the rights of parents are given much greater consideration by judges than the rights of grandparents, ultimately a judge has to make a determination that’s in the best interest of the children. In cases where the parents of your grandchildren are incarcerated, […]

Both family court and supreme court can hear child custody modification cases, so where you file may depend on whether your existing order was created as part of a divorce settlement. Some divorce decrees will stipulate that jurisdiction for subsequent matters remains in the supreme court, in which case you’ll file there. Otherwise, family court […]

Yes, you probably owe your ex some money if the Child Support Enforcement office is taking more from your ex than they should. The two of you should agree to work together to resolve the situation. When a new court order goes into effect, there’s often a period where payments are higher than the ordered […]

Don’t panic. Your situation is extremely common. Even after a new court order is issued, Queens will continue withdrawing child support from your paychecks and providing the money to your child’s other parent. This will often continue even when you’ve contacted them or visited them in person with documentation of the change in custody. Basically, […]

While it’s unusual, people in Queens can appeal a child custody ruling in certain cases. When a judge’s ruling is inconsistent with established law or where facts in the case were ignored, the losing party has the right to petition a higher court to review the case. In most cases, people seek to appeal a […]

Yes, prenuptial agreements between same-sex spouses are fully enforceable in Queens, and are subject to the same requirements as any other prenuptial agreement. Both spouses will need to be represented before signing on to the contract and the agreement should reflect the interests of both parties. An experienced matrimonial attorney can make sure that the […]

People who are pursuing advanced degrees or professional licenses (or both) should strongly consider getting a prenuptial agreement before they get married in Queens. Under New York law, a degree or license that you obtain during the marriage is considered marital property. This means in the event of a divorce, your spouse will be entitled […]

A properly drafted prenuptial agreement, entered into with the informed consent of both spouses, is a reliable tool for protecting each spouse in the event of a divorce. This does not mean that a prenuptial agreement is unassailable, or that every prenup can survive every challenge. In general, judges can question or even vacate prenups […]

Yes, a prenuptial agreement is an important tool for those with family money who are planning to marry before they inherit. A prenuptial agreement is a contract that determines at the outset how assets and wealth will be divided in the event that the marriage fails. It may include provisions for spousal support, child support, […]

When it comes to protecting yourself for the future, owners of small businesses have a duty not only to their future financial interests, but to those of your customers, vendors, and employees. A successful business is too important to leave to chance, and when you’re planning to marry, it can provide a sense of stability […]

No, even if you’re the leaseholder on your home, you don’t have the right to simply lock your spouse out, and you can face serious complications in your divorce if you try. The only terms under which you can unilaterally remove your spouse from the marital home are if there are court orders authorizing it, […]

If you’ve received notice of foreclosure on a property you jointly own with your spouse during a divorce, you should speak to a divorce attorney right away. It may be that your spouse is in contempt of the automatic orders issued at the outset of the divorce, or other orders issued by the judge. An […]

No, the only way a couple can become divorced in Queens is through the legal process and the issuance of a Judgment of Divorce by a judge. There’s no route through long-term separation. If you’ve decided to remarry or simply want to tie up loose ends, you’ll need to file for divorce. The good news […]

Assuming that the new person in your life is not a threat to your children in any way, there’s no reason to fear that your new relationship will factor into custody decisions. That said, it never hurts to be discreet during a divorce when it comes to news that you’ve begun a new relationship. Divorces […]

If you don’t agree to the terms contained in your spouse’s filing, then you should consult an attorney right away. You are going to contest your divorce, which means that you’ll be challenging the terms and possibly ending up with a litigated divorce, requiring motions, hearings, and a judge’s rulings. Going it on your own […]

More than likely, you do need a new index number even if you initiated a divorce in the past. You may not have formally closed the previous matter, but it’s likely a judge would rule the previous filing invalid years later. While index numbers aren’t free, starting the process cleanly can help ensure that your […]

In some ways, being served with divorce papers from another state is a blessing. Because you are not a citizen of the jurisdiction in question, the other state’s court has limited options when it comes to enforcing action against you, so in most cases, divorces that happen between spouses in different states end up only […]

If you’ve been served with notice of a divorce filing in another state, assuming that your spouse meets residency and other requirements in that jurisdiction, you’ll need an attorney there. The good news is that as a New York resident, the other state’s court is limited in what it can order you to do, so […]

No, your spouse can’t unilaterally stop your divorce petition or demand that the court dismiss your case, but a motivated spouse does have the ability to slow your divorce down dramatically, sometimes dragging it out for years. When that’s the situation, you should seek experienced negotiators who can drill down to the real issues your […]

If you’re the higher-earning spouse and there’s a substantial disparity in your incomes, you’ll probably end up paying temporary maintenance even if you don’t want to get divorced. Under New York law, no one can be forced by their spouse to stay married, which means that wealthier spouses are often asked to support their spouse’s […]

No, under today’s matrimonial laws, divorce is designed to leave both spouses as intact as is feasible, rather than a process designed to punish a misbehaving spouse. While a history of adultery won’t help you in your divorce, property distribution, spousal maintenance, child support, and other matters relevant to your situation are largely unaffected by […]

If your marriage featured violence and you are now seeking a divorce and a new start, courts in Queens will work with you to protect your privacy and keep you safe from your spouse. Your address, phone number, and other identifying information can be kept private. In addition, if you do not currently have an […]

If you wish to file for divorce on the Abandonment ground, then your spouse must be absent for 12 months before you can file. However, New York’s no-fault grounds, Irretrievable Breakdown, does not require this type of waiting period, or even for your spouse to have abandoned you. If your marriage has been broken for […]

First, you should know that barring a court order to the contrary, your spouse can’t kick you out just because they’ve filed for divorce. Whether you agree to move or remain in the residence is your decision to make, and there can be significant consequences to you if you choose to leave prematurely. Walking away […]

Many couples in Queens deal with a period of time between filing for divorce and one or both moving out of the marital residence, for a variety of reasons. During that time, emotions are likely running high and opportunities to antagonize one another may be irresistible. If you believe that your spouse is going through […]

While your child’s wishes do play a role in deciding custody, ultimately you, your former spouse, and the judge will have to make a determination based on the best interests of your child. If your former spouse can’t provide a safe and stable home environment for your teen, then what your child wants won’t be […]

If your ex isn’t living up to the terms of your custody agreement and isn’t paying support that’s been ordered, you should take steps to enforce the court orders. It may make sense to pursue full legal and physical custody of your child, but more importantly, ensuring that your family has the resources it needs […]

Yes, you can lose custody of your child if you miss a hearing or other court appearance in Queens, and unfortunately, many parents will use this fact to try to manipulate the situation. For instance, they may try to schedule courtroom activity during your busy season for work to make it difficult for you to […]

You can, but you should make sure to give your new lawyer enough time to get up to speed with your case. Last minute changes can cause problems if they’re not handled properly, so reaching out as early as possible before a hearing or filing deadline is critical. On the other hand, a constantly unprepared […]

If you have concerns that are strong enough to cause you to consider hiring a private investigator, you should first sit down with an experienced Queens child custody attorney. You are likely worried that your child’s other parent is leaving them alone for long periods, exposing them to things they shouldn’t see, like alcohol or […]

For most couples considering a divorce, the most cost effective option will be negotiating the details between themselves and filing an uncontested action with the court. While this will mean skipping a variety of costly legal maneuvers, it doesn’t mean you and your spouse should go it alone. Especially if you have assets like a […]

Yes, you are obligated to do exactly what the court orders governing your child custody and support situation tell you to do, regardless of whether or not your ex is in compliance. Many support orders will provide certain obligations to each party, and when you know your child’s other parent isn’t following an order, it […]

You can cancel a divorce petition in Queens, and the earlier in the process you do so the easier it is. At this early phase, you’ll need to file a Notice of Discontinuance with the court. If your spouse is party to the case at that time, they’ll have to file a Stipulation of Discontinuance […]

Yes, you can move to a new address in Queens while your divorce is pending, and in fact, many people do. Finding more affordable housing, moving in with a new partner, or wanting to live closer to work or family are all reasons people move, but when a divorce is underway, it’s often desirable to […]

You are allowed to take a vacation during your divorce, but you should work with your attorney to ensure that the funds you use to pay for it can’t be mistaken for marital funds. Since the divorce is already underway, your income and personal accounts should be separate property, but many divorces include assets and […]

New York’s no-fault ground is called Irretrievable Breakdown, and allows divorce in cases where one spouse attests that the marriage is irretrievably broken and has been for at least six months. Prior to the creation of Irretrievable Breakdown as part of a package of reforms in 2010, divorce in New York always required a showing […]

If your name is still attached to the mortgage, then yes, you are liable for any delinquent payments your former spouse may have accrued. Additionally, if the home goes into foreclosure, that will appear on your credit report, even though you’re divorced. If your divorce attorney failed to properly handle the matter of the house, […]

If you meet New York’s residency requirements, you’ll file for divorce here, regardless of where you married. Many people choose to have “destination weddings” in scenic places or even other countries, but as New York residents, our state’s courts retain jurisdiction over matrimonial matters. If you have not been New York residents for the past […]

For older people divorcing after a long marriage, concerns about retirement savings are paramount. If you were the primary wage earner, you may be responsible for the vast majority of the nest egg you’ve built. Unfortunately, retirement savings that accrued during the marriage are considered marital property, and will be subject to distribution. This doesn’t […]

It’s probable that a collaborative divorce will result in a settlement that you feel comfortable with, especially compared to the results of many litigated divorces. The collaborative divorce process is very different than the traditional approach, relying on the parties to be willing to work together constructively to resolve matters like property distribution, child custody, […]

Well, you should know that under current New York law, your spouse can divorce you without your consent, and even without your participation. If your goal is to put a stop to a divorce that your spouse has begun, you have very few options to achieve that, and no legal route to prevent the divorce […]

No, your divorce won’t be granted until you reach a consensus on all the issues, including child custody. While it may seem convenient to ask the court to move the custody matter to family court in order to finalize your divorce, that’s just not how the process works in Queens. However far apart you and […]

Yes, even if your divorce in Queens is uncontested, you’ll still have to file on the grounds allowed under New York law. For most couples facing divorce, Irretrievable Breakdown is the preferred ground, and gives you the simplest and least expensive pathway to a divorce. This is New York’s no-fault ground, and basically allows a […]

While no father wants to hear it, the truth is that for many divorcing couples with young children, the mother is still the court’s first choice for custodial parent. There are many reasons for this, including outdated and sexist ideas about both mothers and fathers, but the stereotypes in play often have the effect of […]

If your marriage includes jointly held assets, retirement savings, or children, talking to an experienced Queens divorce lawyer can make a huge difference in how your divorce plays out. Even if you and your spouse are splitting relatively amicably and are working together to arrive at a fair settlement, having an attorney available to review […]

Unfortunately, yes, anytime your income substantially changes, you or your spouse can seek a modification in your child support payments. While it may not seem fair that you’ll have to pay for training in order to give more money to your former spouse, the truth is that you’re almost certainly better off with enhanced skills […]

While you might hope that a phone call is all it would take to resolve the situation, the truth is that getting the child support enforcement agency in Queens to stop taking your money after a custody change actually does require intervention by a judge. You’ll need to file right away for a court order […]

In a narrow sense, no, the court cannot order your new spouse to pay child support to your previous spouse. But in a broader sense, your new spouse may find him or herself having to deal with legal attacks from your ex, and even footing their own attorney’s bills and other expenses. If your divorce […]

Yes, your former spouse can’t stop you from seeing your kids in Queens, even if you’re behind on child support. Many people go through tough economic times following a job loss, injury, or illness. None of these things should threaten your relationship with your children. What you should be concerned about is being behind on […]

No, you and your spouse will be bound by the court orders related to the custody agreement, and your spouse can’t violate the terms of those orders by denying you access to your children. Custody negotiations are often the most difficult aspect of a divorce, and when you and your spouse are in a heated […]

When the divorce was filed in Queens, the judge issued a series of automatic orders that froze the status of the marriage’s bank accounts, property, and other material that would be subject to distribution. If your spouse is misappropriating funds from marital sources for personal gain, the court needs to be informed, and you need […]

When your spouse is dating someone new during a divorce in Queens, it probably isn’t grounds for a custody petition, but specifics matter. Is your spouse out partying with their new beau and leaving your child alone or in the care of a babysitter? Are there other elements in play beyond merely having a new […]

In cases of short-duration marriages, spousal maintenance is uncommon, and where it is awarded, it’s nearly always for a very limited time. There are instances where, say, a young couple married and one went to medical school while the other worked to support the family, and they divorced a few years later. In that case, […]

In most cases, the temporary maintenance you pay during the divorce won’t count toward any final amount in your settlement, but in a divorce, everything is negotiable. It may be that the amount you’re paying today is an overpayment, according to the full financial documentation your spouse will provide to the court, in which case, […]

In our wired world, it’s usually possible to track down an absent spouse through public records searches or even the Internet and social media. But in cases where you can show the court that you’ve engaged in a good faith search for a spouse you’ve lost track of, it is still possible to obtain a […]

Without knowing more, it’s difficult to say whether or how an imbalance in the down payments on a home may affect you in a divorce. If the home is to be sold, the court could decide that your spouse is entitled to a larger share of the profits, or if you’ve agreed to allow your […]

It may be, and you should be cautious about opening investment plans during a divorce. If your spouse challenges the source of the funds you put into the 529 account, the court could decide that the value of the account is subject to distribution. There are other concerns with 529 plans as well. Under New […]

Generally speaking, inheritance money is considered a separate asset that is not subject to equitable distribution, but the fact that a will or trust is pending may affect the terms of the ultimate settlement agreement. The loss of inheritance rights is a factor in divorce, especially when the parties have very different financial positions. The […]

No, assuming the gift was deposited into a separate bank account, your gifts of cash from family shouldn’t be subject to equitable distribution. The situation is murkier if the funds were deposited into a joint account, and the court could find that the gift became marital property in that case. Good recordkeeping will be important […]

Yes, if you hide assets or otherwise treat the divorce process in bad faith, your spouse may have grounds to reopen the issue later, with costly results. Depending on various factors, your entire settlement agreement may even be found invalid, requiring a costly renegotiation that will likely end with terms much less favorable to you. […]

Whether or not you’re violating the “first right of refusal” language in your custody orders has a lot to do with the specific language in the order. In most cases, a situation like the one you describe would not be considered a violation, but it’s difficult to know exactly what a given judge might decide […]

Without knowing more, it’s impossible to put your mind entirely at ease, but based on these facts, it’s likely that your former spouse’s custody petition won’t succeed. It’s not unusual for an ex to take drastic, even unfair measures when their former spouse is remarrying, but putting your child in the middle is something that […]

You should speak to an attorney in Queens right away. While it’s unlikely that your former spouse’s petition will result in you losing custody, the stakes are simply too high to risk challenging the action on your own. The fact that your ex hasn’t paid child support is a big strike against them, and if […]

While Queens judges do give consideration to the financial stability that children will experience in each parent’s home, it is one of many factors they take into account when determining which parent can best provide for the child’s well being. Just because you don’t have a job now doesn’t mean you’ll be excluded from consideration […]

Child custody is a common flashpoint for disagreement in a divorce, even though the terms offered by the two sides may not be that far apart. When couples in Queens can’t agree on a plan for child custody, the matter will end up before your judge, who will hold hearings, listen to evidence, and ultimately […]

Assuming you meet New York’s residency requirements, you can file for divorce at any time, whether or not your spouse has left, and whether or not you know where your spouse has gone. You don’t need your spouse’s permission to file for divorce, or for the judge to approve your divorce. If you want to […]

Your spouse may be entitled to half of the value of the marital home in Queens, but under New York’s equitable distribution laws, the particular breakdown of how property is handled may not be 50/50. There are numerous circumstances that complicate property issues in divorce, like whether the house was purchased prior to the marriage, […]

Yes, you have the right to divorce your spouse even if they’ve decided to withdraw their action in Queens. If you have filed a counterclaim, then the suit is still alive and you can continue the divorce. If not, you can simply file your own action and have your spouse served. In any case, your […]

Under reforms implemented in 2010, your spouse can obtain a divorce even if you don’t respond to the summons and complaint you’ve received. While it isn’t advisable for you to avoid participation in your divorce, you do have the right to take some time, consult an attorney, and ensure that the divorce reflects your best […]

Yes, you can divorce even if you aren’t legally separated. While a valid separation agreement used to make it easier to get a divorce in Queens, reforms enacted by the state legislature in 2010 have eliminated many of the obstacles that used to make New York divorces some of the hardest in the country to […]

Unfortunately, no, the judge in your divorce case cannot order the mortgage company to approve your application to refinance your home. Many people find themselves in situations where their credit isn’t adequate to refinance their marital home into their own name, removing their spouse from the obligation. This is generally a term of the divorce […]

Under New York law, married spouses are presumed to be the parents of children born in wedlock, but there are times when this presumption is wrong. If you suspect your wife is pregnant by someone else, it’s vital that you take fast, assertive steps to establish that the child is not yours, and that you […]

No, the judge in your case has no authority to disregard your spouse’s divorce action and order you into marriage counseling. Your spouse can divorce you with or without your consent, and with or without your participation. If you’ve been served with divorce papers but aren’t sure you’re ready to divorce, there are ways to […]

It isn’t really advisable to try to change the grounds of your divorce once it’s filed in Queens. Most likely, you’ve filed under New York’s no-fault grounds, Irretrievable Breakdown, which is the fastest and most cost effective way to get divorced. Because of the no-fault option, grounds matter much less than they once did in […]

There’s probably no legal presumption of privacy from your spouse in your own home, so if you have belongings or documentation that you don’t want your spouse to see, it may be beneficial to house them elsewhere. If you have a desk at work or wish to invest in a storage space, you can keep […]

Unfortunately, once your settlement agreement is submitted to the court, your case will finalized when the judge can get to it. Because of the large backlog of cases, this can routinely take six months, and sometimes longer. The waiting can be truly maddening for both spouses, who are prepared to move on with their lives […]

Because each state governs its own matrimonial law, including how divorce is handled, you’ll need to retain counsel in the state where the action was filed. However, in some circumstances it may be possible to challenge the jurisdiction and move the proceedings to New York. You should talk to attorneys in both jurisdictions about the […]

If you are planning to file for divorce, do not purchase a home in the meantime. Even though you live apart, if you are not legally separated, your spouse will have a claim on the value of the home as a marital asset. You should consult an experienced divorce attorney before making any large purchases […]

There are significant long term upsides to waiting for the ten year mark if you’re close to it and plan to retire in the near future. Social Security provides spousal benefits even after divorce, as long as the marriage lasted for at least ten years. If your Social Security benefit will be lower than your […]

There is obviously the risk of abuse when one spouse is ordered to pay the other’s legal fees, and judges are well aware of that potential. One aspect of their job is balancing the need of a lower-earning spouse to access competent legal assistance during the divorce, and another is being proactive in preventing the […]

Assuming you meet the two-year residency requirement, you can file for divorce in Queens, and the court here will have jurisdiction over your action. The fact that your spouse is in another state can complicate your divorce, but it can also make it easier. Often when a couple is estranged and living far apart, matters […]

Couples often have good reasons to keep larger purchases in one spouse’s name, but when it’s time to divorce, this can lead to some confusion about who owns what. When one or both cars were purchased during the marriage, even if your name isn’t on the title, they are considered marital assets. Your spouse may […]

Yes, when a divorce begins, your judge will issue a series of automatic orders that require both parties to maintain the status quo in terms of finance, assets, and health and life insurance. In the long term, the court will likely order that your children remain on your spouse’s health insurance until they are independent, […]

Spouses in a divorce do have the power to try to subpoena records, even from third parties. As a matter of principle, your phone carrier will likely resist any effort to provide such records, and there is the big question of what your spouse is trying to prove. A judge may or may not agree […]

Yes, you are free to move to another state while your divorce in Queens is ongoing. Obviously, if there are children involved or you plan to move property that is in contention, some matters may end up before the judge, but ultimately your right to relocate for work or other reasons is not impacted. One […]

When either party files for divorce, a series of automatic orders are issued right away that are designed to keep your financial and property matters at the status quo at the time of filing. Because marital property like a joint savings account is subject to equitable distribution, you have a right to your share of […]

When the verbal agreements you’ve made aren’t being adhered to, or are no longer working for either party, it’s time to seek a temporary order from your judge. An experienced Queens divorce and child custody attorney can help significantly in cases where your children are being put in the middle of parental disputes. We can […]

While your spouse’s religious objections are likely sincere and worthy of deep consideration, if you have reached a point where you can no longer be in the marriage, those objections can’t keep you from divorcing your spouse. In New York, you can get a divorce even if your spouse objects, and even if they choose […]

Judges in Queens and elsewhere in New York used to make an effort to ensure that the spouses of those who had misbehaved in a marriage were protected financially on the basis of that misbehavior, but in the modern era of two-income households and greater independence for both parties, the equation has changed. While it […]

Building a case on a ground like adultery is more complicated than you may think. This goes back to the days when New York required a substantial burden of evidence that was often difficult for a spouse to meet, which was designed to discourage divorce. In practice, what is meant was that divorce courts in […]

As a rule of thumb, if property was purchased during the marriage, it is considered a marital property even if only one spouse holds the title. In a divorce, the value of the property, or the property itself, is considered an asset to be distributed. While there are caveats and cases where this isn’t true, […]

Many parties in Queens divorce actions feel that the judge may be biased against them in some way, but unfortunately, it’s extremely rare for a party to make the case for the judge’s recusal. Short of showing an inappropriate relationship or inappropriate contact between the judge and your spouse, you’re unlikely to have success with […]

In cases like this, how the ongoing financial arrangements with your spouse and children are handled can require some finesse. The judge will almost certainly expect your spouse to return to work, but if they’ve been out of the workforce for a long time, finding a job may take some time. You may be ordered […]

If there are issues from a previous Family Court ruling in Queens that require review, your divorce settlement may correct them. For instance, if child support was set in an earlier Family Court case and the relative earnings of you and your spouse have changed considerably, then the court may make adjustments. In the larger […]

Yes, even as a renter, you can suffer negative financial consequences by moving out before you file for divorce. If your name is on the lease, you are liable for rent payments, and if your spouse stops paying, the landlord has every right to come after you for the arrears. This means that you could […]

You won’t lose your claim on your house (or your share of its value if it is liquidated), or your ownership of it if it is separate property, but moving out before you file can cause problems in your divorce. Your spouse may be granted exclusive occupancy of the house during the action, which may […]

If you are a legal resident in Queens, then Queens has jurisdiction to dissolve your marriage. Many people plan destination weddings outside the US, and as long as the marriage was legally performed in the other nation, the US and the State of New York recognize it as valid. You’ll file for divorce in Queens, […]

You should consult with an experienced divorce attorney before you move out if you need the court to act promptly in your case, as with awarding temporary maintenance. There are issues of claims to property, child custody, and other matters that may be affected by a premature move, and the best way to protect yourself […]

Your spouse may have violated the automatic orders issued at the time of the filing, which generally protects the assets the couple owns for purposes of later distribution or liquidation. Depending on the value of items lost, you may have a claim for reimbursement. On the other hand, more minor items may not be covered, […]

While retirement savings are a valid area of marital property that has to be worked out as part of your divorce, in a short marriage they are likely to be a minor point. Particularly if you are both young and working, claims can neutralize each other. In cases where one spouse was the designated “saver” […]

No, in fact most Queens divorces are settled in negotiations and never go to trial. Because of the length of time and the high cost of a divorce that includes a trial, all parties are strongly motivated to conclude the proceedings as quickly as is reasonable. At the same time, many people end up in […]

No, money inherited from a loved one in Queens is not subject to equitable distribution. This rule protects not only the recipient, the but the giver as well, whose final wishes included that gift to a particular person, not a spouse who decides to try to take what they view as “their share” as they […]

Your spouse is not actually required to respond to the divorce papers they’ve been served with in order for you to get a divorce. There is a period of time in which your spouse can choose to contest the divorce or agree to the settlement terms in your filing, and if they decide not to […]

In most cases, a spouse’s adultery will not entitle the other spouse to a greater share of assets, but there are instances where expenditures that can be tied to an affair can be recaptured as part of the divorce. Essentially, the judge will order your spouse to reimburse the marriage for money that was used […]

How much time you spend in court in your Queens divorce has everything to do with the particulars of your case, and could be as little as no time, and as much as frequent court dates scheduled over many months. In some cases, highly contested divorces can drag on for several years. If you and […]

When there are children in a divorce, judges will generally expect both parties to be in the workforce in order to provide for their children. In Queens, and under New York law, every parent is obligated to financially support their children until the age of 21, and with few exceptions, this will require some level […]

How the marital home is handled is a key question in a Queens divorce, and one that must be resolved before the divorce can be granted. Assuming the property isn’t a separate asset that was purchased by one party prior to the marriage, it will be subject to what is known as equitable distribution. If […]

Pets play an increasingly important role in our lives these days, and when a marriage ends, one of the big questions many Queens couples have to confront is who the pets will live with. From a legal perspective, there’s no statute governing pet ownership or custody during or after a divorce, but there have been […]

Many couples aren’t interested in battling their spouse at the end of a marriage in Queens. There are a number of ways to prevent drawn out conflict. The key for most of our clients is a willingness to negotiate in good faith, and occasionally finding creative solutions to problems that arise in the development of […]

Keeping your kids secure and protecting their feelings is a primary concern for parents who choose to divorce in Queens. Fortunately, you have many options outside of the stereotypical ugly divorce full of unreasonable demands and courtroom fights. One choice worth exploring is known as Collaborative Divorce. In a Collaborative Divorce, the spouses sign an […]

While everyone’s financial situation is different, there is good reason to think that you’ll need to find some kind of employment outside the home after your divorce in Queens. ‘ Your divorce may include several components that will make it easier to be there for your children, including spousal maintenance (alimony), child support, and a […]

Yes, child custody and child support and even spousal maintenance are not awarded based on the gender of the parent, but rather which parent the court believes can provide a stable, loving home where the child’s emotional and physical needs will be met. Because of the high cost of child care, many couples have made […]

No, judges in Queens don’t always award child custody to the mother, and there is no law that compels them to do so. While in most cases one parent will be responsible for the majority of day-to-day care for children after a divorce, judges are strongly interested in helping parents remain close with their children […]

Yes, under New York law, residents of Queens can represent themselves in divorce actions, even when those actions are contested. However, having the right to do something and choosing to do that are different things, and you should know the risks that go with representing yourself in a contested divorce. From losing property you care […]

There is no requirement that you hire an attorney for a divorce in Queens, and in many cases, people are able to obtain an uncontested divorce fairly easily without legal representation. However, when you and your spouse have assets like homes, vehicles, or retirement savings that need to be distributed, or ongoing concerns like child […]

If you earn significantly more than your spouse in Queens, it’s not unreasonable to expect that you may be ordered to provide financial support for at least some period of time after your divorce ends. Not every divorce will include spousal maintenance, also known as alimony, but when a lower-earning spouse asserts a need and […]

No, pendente lite support is a type of temporary spousal maintenance that the court awards for the duration of the divorce, which can often take many months. It is designed to ensure that a spouse of lesser means has the resources needed to live while the details of the divorce are worked out by the […]

Increasingly, divorces in Queens involve people with similar earning power. In those cases, especially when the marriage has been of a relatively short duration and there are no children, there may be few issues to resolve. If neither spouse has a need for financial support from the other and there are no significant assets to […]

Your spouse may have a claim on some portion of your 401(k) even if you both have good jobs and substantial earning power. It will depend on a number of factors, including the length of the marriage, your ages and incomes, and the value of each spouse’s retirement savings. If you’ve been putting a lot […]

Many marriages ultimately fail for one overarching reason: money problems. When you and your spouse have been stressing about debt and fighting about money, it can tear your marriage to pieces and leave you both impoverished. When it comes to bankruptcy and divorce, you won’t be the first couple that’s dealt with both in a […]

In most cases, your former spouse’s tax ID will simply be their Social Security number, which is likely available to you on old tax forms if you ever filed together in Queens. If you aren’t able to track it down and your ex simply refuses to give you the information you need to claim deductions […]

No, you do not need your spouse’s permission to file for divorce in Queens, and you can even get divorced if your spouse strenuously objects. In New York, no one can force to stay married when you no longer wish to be, and while your spouse may initially threaten to make your divorce long and […]

If your spouse began working before the Preliminary Conference but didn’t disclose that information, they may have made a critical error that can hurt them later in the process. On the other hand, if they had not begun working at the time of the Preliminary Conference and weren’t asked directly about any job prospects, they […]

No, a temporary maintenance order is extremely common in Queens divorces, and is awarded to a lower earning spouse pretty routinely. Spousal support, or alimony, is a separate issue that is decided with much more deliberation during the course of the divorce, and is based on many factors. There are a number of forms of […]

Failing to disclose income in a divorce is always a bad idea, and it’s possible that a judge can credit you for the payments you’ve already made. Another option is to use the information about your spouse’s job to argue for a much better settlement for you. These types of omissions on the part of […]

Yes, unless there’s a court order in place saying otherwise, you are legally able to resume occupancy of your home, alongside your spouse, even if they object. However, if you’re still talking about divorcing, things haven’t improved by taking some time apart, and your spouse doesn’t want you to move back in, it may be […]

Because of today’s lending standards and housing market, many divorcing couples find that a mortgage buyout and the necessary refinancing into your own name isn’t financially feasible, or even a realistic outcome. If your home is underwater, where you owe more than the property is worth, it’s unlikely that you’ll find a lender willing to […]

Children should never be used as bargaining chips in disputes between their parents, and when your spouse seems set on doing so, you should seek immediate relief from the courts. If you filed on your own, with an attorney, you need to strongly consider retaining counsel right away. Many people go into divorce thinking they […]

No, you cannot access the records of your divorce in Queens online. You’ll actually have to visit the county clerk’s office if you need copies of documents or other material. This may seem like a giant hassle in our wired world, but there’s a very good reason for that layer of privacy to be in […]

The most important information you’ll want to gather ahead of a divorce in Queens are financial records going back several years. This would include tax filings, statements from bank, retirement, and investment accounts, and any other relevant documentation that can be used to accurately demonstrate the financial condition of the marriage and both spouses. For […]

Unfortunately, no, you can’t just put your spouse’s belongings on the lawn and lock them out if they’re resisting the divorce or refusing to move out once you’ve filed in Queens. For many people facing a divorce, they fear that moving out may give the appearance that they aren’t an involved parent, or that they […]

Yes, we can always provide a second opinion when your Queens divorce isn’t progressing as quickly as you think it should. While most divorce attorneys work hard to provide high quality service to their clients, there are always situations where an attorney can’t meet the workload they have, or where a case simply falls off […]

No, in most cases there’s no advantage (or disadvantage) in filing first in a Queens divorce. The judicial process is designed to ensure that all parties to a lawsuit, including a divorce, have equal opportunity to make their case and respond to the other party’s statements and allegations. Whichever spouse files first, the next step […]

If the conversation was between you and your spouse, even without your knowledge or consent, it may be admissible for the purposes of your divorce in Queens. Under New York law, only one party needs to be aware of the recording. On the other hand, conversations between you and a third party that were recorded […]

Alimony, or spousal maintenance, depends on a number of factors in Queens divorces, including the length of the marriage, the income and future earning potential of both spouses, and the age and health status of the spouses. Judges in Queens do take a strong view when it comes to divorcing a disabled spouse, and tend […]

Yes, you have a right to access the courts to achieve a divorce even if you don’t know where your spouse is. You’ll be required to perform a thorough search using public databases, last known addresses, friends or relatives you can find, and previous employers. When the court is satisfied that you’ve searched thoroughly for […]

It’s more common than most people realize for a married couple to split up but see no need to expend the time or resources to actually get divorced. Sometimes the couples lose track of each other, but others remain friends and may share resources like health insurance and are comfortable with the arrangement. For many […]

Yes, you should plan to continue paying your share of the mortgage on your jointly-owned home for the time being. Long term specifics regarding the mortgage and status of the house itself will be worked out as part of the divorce, but for the time being, you should consider yourself locked into the status quo […]

If the house was left to you solely, then it is yours as a separate asset and your spouse has no claim over it in the divorce. Matrimonial law is very clear when it comes to inherited property and divorce in Queens. The recipient party owns the inherited property, and it is not subject to […]

As a general proposition, damage awards you’ve won in personal injury actions are separate property that are not subject to distribution in your divorce. This is a well accepted rule in Queens divorces, and reflects the awareness that those funds may be intended to pay for future medical costs or earmarked for past medical expenditures […]

Yes, same-sex couples in Queens can and do create a prenuptial agreement to protect each spouse before they marry. Prenuptial agreements are one of the best ways for couples to ensure that in the event that the marriage doesn’t work, both will retain the things they value most, and a future divorce won’t turn ugly. […]

Yes, when your former spouse is refusing to obey the terms of the court orders that dissolved your marriage in Queens, we can help. Enforcement of judicial orders is critical to the operation of the justice system in general, but your divorce in particular. When your former spouse is refusing to provide property that they […]

Child Custody Defense Attorney In Queens Absolutely. When living with violence in the home is no longer tenable and you’re ready to leave, our attorneys take every precaution to see that you and your children are safe from an abusive spouse. And when there’s a police record documenting abuse, especially child abuse, we make sure […]

Yes, it’s a common occurrence that a person’s life circumstances change after a divorce, and elements like alimony payments or even child support are no longer reasonable as originally ordered. Even more importantly, letting the court know about your changed circumstances before you fall behind on ordered payments can save you a lot of trouble […]

When the birth parent has terminated parental rights over your step-child and you have adopted the child as your own, your custody and visitation rights are identical to those of a natural parent of a child. You are the legal parent of the child, and in a divorce, you have full rights to pursue a […]

Yes, you can divorce in Queens even if your spouse won’t grant a divorce within your religion. The civil action is entirely separate from the religious one, and the religious law in question does not have jurisdiction over the courts in the State of New York. This is actually a very common occurrence in New […]

Unfortunately, when couples divorce, parents have few legal rights when it comes to step-children they have been raising. While you do have standing to seek custody or visitation, the court will require that you show extraordinary circumstances to warrant an ongoing relationship with your step-children. This can have tremendous consequences for children who may be […]

Yes, when your spouse is incarcerated you may find that there are some logistical hurdles that you wouldn’t otherwise face, but divorce is an option for you. Depending on whether your spouse is in a New York State prison or the federal system, you may experience some delays in serving your spouse with divorce papers, […]

While judges in Queens are committed to protecting children during and after a divorce, in situations like yours, it’s possible that no one will be ordered to pay child support, assuming that you both live up to the terms of your custody agreement. While it’s not especially common for parents to find a 50-50% solution […]

No, once you receive authorization to remain in the United States permanently, you don’t need to worry that divorce will impact your immigration status. As a legal permanent resident, you have the same rights to divorce (and marriage) as any other resident of Queens, and your access to the courts are identical to those of […]

Yes, in most cases, the spouse paying alimony is entitled to a tax deduction, and the spouse receiving alimony must treat the money as taxable income. Many recipient spouses file quarterly taxes on their alimony, or spousal maintenance, payments in Queens. As the paying spouse, you must understand that property distribution is not a tax […]

If your spouse has reason to believe that a child born in your marriage is not his, he may request DNA testing to determine paternity. In some cases, fathers can avoid a child support obligation under these circumstances, though that’s rare. Courts take a strong presumption that children born in wedlock are the product of […]

No, if an agreement is still in effect, it can still be modified. However long ago your divorce in Queens happened, any arrangements related to retirement or other matters can be revisited if circumstances have changed. A modification may be simple or more complicated, depending on your former spouse’s willingness to alter the terms of […]

While appeals are rare in child custody cases in Queens, if you believe that the judge acted in a way that is contrary to law or fact, it is possible to file an appeal. Appeals are based on fairly technical aspects of a legal case. To succeed you’ll have to demonstrate convincingly not that the […]

If you are paying child support in Queens, you cannot write it off on your taxes to either the State of New York or the IRS. If you are the custodial parent who is receiving child support on behalf of a child, then the payments you receive are not subject to taxation. The structure of […]

Couples approach this issue in a variety of ways when they divorce in Queens. One of the most common is to create an agreement that stipulates that Parent A claims the children as a deduction in even filing years, and Parent B claims the children as a deduction in odd filing years. This way, both […]

Yes, a divorce dissolves a marriage, and it applies regardless of where the marriage was performed, even if you were married or renewed your vows in another country. This is why states have legal requirements regarding residency, because once people are citizens of the state and meet the residency requirements, then the state’s legal jurisdiction […]

When a person earns a degree, a professional license, or a professional certification during a marriage in Queens, the added value to the person’s potential earnings are considered marital property to be distributed equitably. This can lead to substantially enhanced settlement awards when a couple divorces. The value of the earnings that the Master’s degree […]

When a couple starts the divorce process, a lot of things are said that have little or no basis in law, and which really come out of a desire to hurt the other. When your spouse argues that you owe them for mortgage payments on a house you both lived in, but which you own, […]

When one party decides to reconcile during a divorce in Queens, there are two things that could happen. First, if your spouse is also interested in reconciling, you can both stipulate to a withdrawal of the action. This will leave you married, and allow you to refile later if things don’t work out. The second […]

Queens Divorce Attorney For Alimony Alimony, or “spousal maintenance” as it’s called in New York, is money paid from a higher earning spouse to a lower earning spouse in order to protect the quality of life of the lower earning spouse, usually for a limited period of time. If your spouse in Queens supported you […]

Whether to separate or divorce is a question that only the individuals in the marriage can decide. Your lawyer can advise you on potential outcomes, but when it comes to deciding whether your marriage is over or simply needs a significant amount of time and space to see if it can work, you and your […]

Queens Divorce Lawyer For Residency Requirements You can file for divorce in Queens after you’ve been a resident of New York for two years. Otherwise, your former state is understood to have jurisdiction over your matrimonial matter. If you and your spouse move often (as with many military families, for instance), the state where you […]

Queens Divorce Attorney For Temporary Maintenance Yes, a judge can modify or cancel a temporary maintenance award if they become aware that you’ve hidden income you should have reported in Queens. This is the kind of information that spouses love to introduce in ugly divorces, and when a client makes a mistake like this, it […]

Queens Temporary Maintenance Divorce Lawyer Yes, you can retain new counsel in Queens in order to pursue a better deal on temporary maintenance, though depending on the status of your divorce, you may be far enough along that it makes more sense to ask for a speedy trial and argue for a larger permanent maintenance […]

Yes, if you are the primary caregiver to your children, your former spouse will be considered the non-custodial parent and will pay child support to you in Queens. None of these designations are gender-specific. Instead, they are decided by things like relative income and which parent provides the primary residence for the children. When spouses […]

If you have a spouse who refuses to work, you should consult an experienced divorce attorney before you file for divorce in Queens. There is a strong risk that you’ll end up with some level of spousal maintenance, especially if you earn a good living and have what the court considers surplus income. An experienced […]

Negotiating college tuition costs in a divorce is always complicated, but it can be much harder when one spouse encouraged a child to enroll in an expensive institution, while the other supported a more reasonable college or university. Now that the parents are splitting up, who will take responsibility for the much higher costs of […]

Will My Ex Support Me As A Stay-At-Home Parent Until Our Child Finishes High School In Queens? It may be possible to secure a settlement that allows you continue to be a stay-at-home parent to provide for your child until they finish high school. It depends on your spouse’s willingness and ability to enter into […]

Yes, alimony, technically known as “spousal maintenance” in New York, is available in Queens regardless of gender. When one party requests alimony, the judge will review both spouse’s earnings and earning potential to determine whether and how to provide a fair amount of support. Alimony can be durational, open ended, or permanent, depending on the […]

There are several things at play here, but it seems like the core question is whether you should have to pay alimony for your spouse not to work outside the home while they are a stay-at-home, custodial parent to your children. The short answer is, “No, you shouldn’t have to support your ex if you […]

There are so many variables in any Queens divorce that it’s impossible to speak to your situation without more information. As a general guide, if you and your spouse are able to work together, reach a settlement between yourselves (reviewed by your lawyers), and then file an uncontested divorce in Queens. You’ll only have to […]

Yes, under New York law, one spouse can’t force the other to stay married, and a spouse can unilaterally be granted a divorce, even if their spouse objects. What any person considering divorce should keep in mind is that the elements of a divorce – distribution of property, child custody and support, spousal maintenance – […]

Every divorce has its own set of issues, but depending on the facts of your case, you may spend as little time as none in court in Queens, or you may spend a considerable amount of time in conferences, negotiations, hearings, and a trial, if your divorce is especially difficult. In the best case scenario, […]

Within reason, your former spouse has the right to know where you’ll be during your visitation with your children in Queens. This doesn’t mean that you have to map out your days, but in situations where your child may be spending the night with a friend, your former spouse has a right to know where […]

For the purposes of divorce in Queens, your marriage will have begun on the date of your “legal” marriage. Property that you acquired jointly prior to that will generally be considered separate assets in the divorce, though there may be opportunities to convince the court that certain properties can be considered marital even if they […]

Unfortunately in your situation, New York law allows a spouse to unilaterally divorce, even if the other spouse doesn’t want to. If your spouse is serious about a divorce, you don’t have the power to stop the action, but you do have the power to slow it down. This may or may not achieve your […]

You’d be well served to speak to an experienced alimony attorney in Queens before you file for divorce. Getting a clear understanding of your marital financial picture is key to knowing how your spouse’s unemployment may affect your future settlement, and if the divorce turns ugly, what you could get stuck with in the worst […]

Being out of work during a divorce in Queens can make the emotional experience even harder. You may lack the social outlet that comes from having colleagues and co-workers, the routine of having a place to be every day, and the distraction of productive projects that aren’t related to your divorce. And when you’re hit […]

It is possible that if you and your former spouse have a 50/50 custody arrangement in Queens and they now earn more than you do, that your child support payments may drop, or that you may actually receive child support. There are a number of factors that a judge has to consider when calculating child […]

Your divorce in Queens will be in effect once you have received your Judgment of Divorce from your divorce judge in Queens. Filing for divorce does not, in and of itself, change your legal condition as a married person in New York, and it is illegal to begin a new marriage prior to the legal […]

Your divorce can move forward even without a signed stipulation of settlement in Queens. Your attorney should be keeping you apprised of the current state of play and what your options are at any given point. If you are not receiving this level of service from your divorce lawyer, you should consider replacing them with […]

Yes, if you receive a job offer from another state while divorcing in Queens, there is no legal reason to prevent you from accepting it. In a divorce where child custody is an issue, having these events play out during the divorce may actually save you and your spouse time and money in having to […]

When a couple with different earning power divorces in Queens, there’s always the chance that the lower earning spouse will ask the court to assign their legal fees to the higher earning spouse. When their incomes are very different, this is usually seen as a reasonable request, but when their incomes are relatively similar, the […]

Maintaining a relationship with your children is one of the key concerns in any divorce in Queens, and an area where angry spouses can often end up going overboard in attempting to block the other parent’s access to their children. If your spouse has taken the children and relocated to a new apartment or is […]

Assuming you have temporary joint custody, you have a lot of rights when it comes to how your child is exposed to religious faith in Queens, but you are sharing responsibility for major life decisions for your child, like which faith they are raised in. When your spouse objects, even with joint custody, you can’t […]

You can file for divorce in Queens at any time, assuming residency requirements are met, but when you learn that your marriage may have included significant debts accrued by your spouse, you need to proceed very cautiously. In the worst case, you’ll be assigned a significant portion of the debt as part of the divorce […]

Now you should consult a Queens divorce attorney, because your spouse has no right to clear out a joint account, containing marital cash, in order to control your actions. Many legal practices, including ours, offer a free consultation to people in situations exactly like yours. When there’s good reason to believe that your spouse can […]

Unfortunately, there’s a real risk that you’ll be assigned at least some of the value of a business loan your spouse was given. There may be ways to offset some of the value on the business loan through a negotiated settlement. You should prioritize finding legal counsel with particular expertise in financial matters and handling […]

You have the right to go to Civil Court in Queens and ask for a name change, the same way that anyone else can, but the right to revert to a maiden name or other surname is a routine part of your divorce. If your divorce is being delayed, or you are just eager to […]

As a moral issue, there may be merit to the idea that a spouse who destroyed a marriage with infidelity should pay a long term financial price for their misconduct, but as a legal matter, courts no longer use divorce to punish a spouse that way for adultery. Whether you are entitled to permanent maintenance […]

Durational maintenance in a Queens divorce is a form of spousal support, also known as alimony, that continues for a set period of time after a divorce. It is applied in a gender-neutral way, and is often applied after a short or medium duration marriage where the lower earning spouse still has significant earning capacity, […]

Families in Queens have a number of options when it comes to child support. While you can wait for the court order, it will be retroactive to the time of your divorce filing, and because waiting can cause hardship to your kids, there are real advantages to continuing to support them as usual. If you […]

At the conclusion of a long marriage, you may feel that there’s little that can definitively worked out as “mine” or “yours,” but in reality, there are a number of assets and even cash that may be the separate property of one spouse. For instance, if a cash inheritance was left to one spouse and […]

When you’ve decided that your marriage can’t be saved, it’s time to consult with an experienced Queens divorce attorney who can ensure that your interests are protected and the ultimate divorce settlement is one that reflects your long term goals and financial health. Your attorney will advise you on what information you should gather before […]

The only people who can access divorce files in Queens are the participants in the divorce, their attorneys, or a person that one of the parties has designated to access them. If you simply want to peruse the file to make sure your fiance is being honest about what happened in their marriage, you won’t […]

Unfortunately, there’s little you can do to expedite a divorce in Queens, even if you and your new partner are expecting a baby. Wait times to receive your judgment of divorce may be several months, and that assumes that you and your spouse have worked out the details of your settlement and have filed an […]

Yes, if you believe your attorney isn’t working to achieve your aims in your divorce, you can fire them at any time and hire new counsel. How to ensure you hire the appropriate attorney It is strongly advised that you have a thorough conversation with your current counsel though to understand where they’re coming from. […]

Your spouse probably can’t continue to hold a life insurance policy on you after your divorce in Queens. Exceptions to holding a life insurance policy after divorce Barring obligations like spousal maintenance or child support, which don’t seem to apply in your case, the insurance company itself will likely consider your spouse to lack an […]

Perjury is a crime in New York, and lying on the stand in a Queens divorce is never a good idea, but the chances that a prosecutor would decide to take up a perjury case stemming from a divorce trial is slim. How To Combat Perjury In A Queens Divorce A better approach in dealing […]

It depends on the specifics of the custody modification being sought, but if the other parent is seeking full custody and you miss the hearing without notifying the court, it is possible that your ex may get a default judgment. An attorney can help ensure that you are fully represented and ask the court to […]

Unfortunately, if you’ve already acknowledged paternity for a child born out of wedlock, you may have a very difficult time getting a judge to agree to vacate your acknowledgement. The state has a strong interest in ensuring that all children in Queens are supported by their parents, and sometimes that can mean that the court […]

While you’ll want to consult your custody agreement for specifics, in general, you are allowed to travel internationally with your child when you have legal and physical custody in Queens. Your custody agreement may specify certain things, like making sure the other parent is informed of travel dates, contact information, and other critical items, and […]

For matrimonial matters like divorce, the court will not appoint an attorney for you, but in situations where your spouse controls the household finances and has cut you off or limited your access to funds, the judge can order that your spouse pay your legal bills. Judges in Queens don’t believe that access to finances should […]

When parents disagree on matters of a child’s health, significant problems can arise when it comes to decision making in a custody framework. The problems are worse when one spouse has the legal authority to make important decisions, like whether to seek help for mental health conditions, but doesn’t agree that there are problems that […]

Lending standards have tightened considerably in the aftermath of the financial crisis, and it’s common today for a divorcing couple to decide that one spouse will keep the house, only to find that lenders won’t allow them to refinance the mortgage into that spouse’s name. This situation can become extremely delicate, especially when there are […]

In most cases, the value of a mortgage buyout will be based on the amount of equity in a home in Queens. Are There Any Exceptions That The Mortgage Buyout Can Be Based On? There are exceptions, such as when a house is “underwater” and there’s no equity to share, just debt, in which case […]

Yes, in the interest of ensuring that children in a divorce have adequate financial resources, parents who have a 50/50 custody agreement are still subject to New York’s child support guidelines. In this case, the parent who earns more money will be ordered to pay child support to the parent who earns less, as a […]

You’ll have to continue to pay some child support if you take custody of one of your children in Queens, but it’s likely that the amount you pay will be reduced. How Your Child Support Obligation Can Change Only a judge can change your child support obligation, so it’s important that you continue paying as […]

When you take actions outside of your custody agreement, even when you and your former spouse are in perfect agreement, it’s important to make sure that the new terms are ratified by court order. Failure to do so can lead to problems down the road. When you take custody of one of your children in […]

Divorcing an incarcerated spouse is similar to any other divorce, especially if the divorce is uncontested, but things like service of divorce papers can be more difficult if your spouse is in jail. Because of the layers of bureaucracy involved, use of a process server to deliver your complaint is highly recommended. How The Process […]

No, you cannot marry again until you receive your final Judgement of Divorce. Marrying prior to this is against the law, and the marriage itself will be void. There are criminal penalties for bigamy in New York, and being married to two people at the same time is the classic definition of bigamy. Once you […]

You aren’t breaking any laws if you get engaged during a divorce in Queens, but you are creating a situation that is very likely to cause you significant, and potentially costly, headaches during the divorce. What To Avoid When Getting Engaged During A Divorce You should be extremely cautious with purchases like expensive gifts for […]

Yes, if you were married for ten years or longer, you are eligible for Social Security benefits based on your spouse’s work history even if you are divorced in Queens. Social Security has a formula to cover divorced spouses whose work history leaves them at a disadvantage after a divorce. If you were married for […]

Often, and especially when one spouse decides on divorce before the other feels ready, a spouse will try to impede the action by not signing the divorce papers or however they can. But don’t worry, if your spouse won’t sign the divorce papers, it doesn’t mean you have to stay married. What To Expect If […]

A standard summons for a divorce action will not include instructions for your spouse to vacate your home. If you have been living together and file for divorce, the decisions about who lives where and how the home is distributed (which may include selling it and splitting the profits) will be topics to be decided […]

Theoretically, you can attempt to modify a custody agreement right away, but it’s unlikely that you’ll succeed unless your petition makes a clear case for a change in circumstance that requires intervention by a Family Court judge. Reasons You Might Not Be Able To Modify A Custody Agreement Immediately For instance, let’s say you get […]

There are instances where your spouse can get a payout based on the appreciation of a home that is a separate asset, but it’s not especially common. For instance, if your spouse put a lot of money into renovations that significantly changed the value of the home, that may be grounds for compensation for some […]

Yes, even if you began your Queens divorce by representing yourself, known as pro se to the court, you can hire a lawyer at any point in your divorce. Make sure you hire an experienced divorce attorney who can properly represent your interests and negotiate forcefully on your behalf. You Want To Hire A Divorce […]

If you suspect your spouse has filed for divorce but you have not been served, you can contact the County Clerk’s office to learn whether an action against you has been filed. People who filed for divorce in Queens have 120 days to serve papers, so lack of service doesn’t necessarily indicate a lack of […]

Once you’ve answered your spouse’s complaint, your divorce will require a judge, and your attorney will file a request for judicial intervention, which will begin the process of having a judge assigned to your case. This is also where you make a request for a preliminary conference, where the parties and their attorneys will meet, […]

How you answer your spouse’s complaint depends a lot on the specifics outlined in it, but the most important thing you can do when you receive a summons and complaint is to consult an experienced divorce attorney who can help guide you through what can be a confusing and emotionally overwhelming process. In most cases, […]

Once you’ve filed for divorce in Queens, you have 120 days to serve your spouse with notification of the action against them. If you don’t know where your spouse is, this window of time can allow for the leg work of tracking them down or establishing the need to a publication divorce. Our team includes […]

An order to show cause is an emergency request to the court for relief in any number of areas. These can include requests for sole occupancy of a home, injunctions on financial accounts, immediate orders for custody, restraining orders, payment of spousal and child support, and more. If you’ve been served with an order to […]

New York was the last state in the country that required a showing of fault in order to allow divorce, but in 2010, significant reforms led to the creation of the Irretrievable Breakdown grounds, which allows couple to divorce without showing misconduct. No-fault divorce means that couples in Queens can end their marriage without building […]

While it is theoretically possible to challenge a judge’s rulings by appealing your divorce judgment, the rules that govern the appeals process mean that it is highly unlikely that such an action would succeed. Even if an appeals court found that some element of fact had been improperly decided by the judge, there’s not necessarily […]

When you’ve been served with divorce papers in Queens, you should call an experienced divorce attorney as soon as possible. You have a limited time frame in which to respond to your spouse’s notice and summons, and qualified legal guidance is the only way to fully understand what your options are, and to identify your […]

Mediation and couples counseling are completely separate, and possibly opposite, actions. Couples counseling is a process where couples meet with a therapist or other counselor to examine issues in the relationship and attempt to develop strategies to deal with them and grow the relationship. Mediation is a structured, non-litigated approach to divorcing, and while a […]

Mediation is a way of approaching divorce in a more rational and calm manner than a typical litigated divorce allows for. In a mediated divorce, parties meet in structured sessions to discuss issues like parenting, division of property, financial arrangements, and any other elements specific to their situation. A trained mediator helps to guide the […]

Increasingly, as couples consider divorce and the issues relevant to them in their marriages, one of the big questions they face is, “Who gets the dog?” For many people in Queens, a beloved dog, cat, or other pet provides a similar type of emotional bond that one might share with a child, creating a relationship […]

Whether a divorce will end up contested, and ultimately handled in court, is entirely up to the couple in question, but generally speaking, if you simply can’t find a negotiated settlement to one or more issues related to the divorce, you will be facing a contested action. Some lawyers and judges will tell you that […]

No, after the age of 18, the court no longer has jurisdiction over where you child spends their time. Realistically, the teen years will see far less involvement by judges, as they understand that teens are increasingly independent and will often go through rebellious phases. Despite this, your obligation to financially support your child ends […]

Judges in Queens have many ways to enforce compliance with court orders, including monetary judgments against violators, suspension of driving and recreational privileges, even suspending professional licenses in the state. In some cases, you may face jail time. It’s generally a very bad idea to disregard a court order, even if you believe you have […]

Yes, inheritances and assets that can be used for income (even if they are idle) can be used by courts in Queens to impute income, which can result in higher payments for child support and even spousal maintenance. It may be possible to structure a large inheritance through a trust or other financial instrument, which […]

Collaborative divorce can be a very constructive approach for Queens couples who are still able to work together, and are committed to negotiating a settlement that provides a win-win outcome, rather than a competitive, win-lose outcome. This can be doubly true for couples who share children and have made the decision that they will learn […]

You may be eligible for permanent spousal maintenance in a Queens divorce if you are significantly disabled and your potential earning power is compromised. This is especially true if you have been in a long marriage and your health status has declined to the point where it is unlikely that you’ll be able to support […]

In families where second parent adoption has been used to establish the legal bond between a child and their second parent, a couple should face the same custody and child support issues that any other family would face when divorcing. Child support will be calculated according to the standard formula, unless you and your spouse […]

While there’s a general understanding of what constitutes a marital asset versus a separate asset in most divorces, when it comes to same-sex divorce, those categories can be blurrier. Many same-sex couples have been together for years or decades, accumulating property, raising children, and sharing their lives the way that any married couple does – […]

In the vast majority of cases, a collaborative divorce will end up being substantially less expensive than a litigated divorce in Queens. First, in a litigated action, the parties will be footing the bill for various back-and-forth motions that have to be written up by their attorneys, then filed – with filing fees – with […]

Uncontested divorces in Queens the most economical way to end your marriage, but they do require more of a give and take between spouses than contested or collaborative divorces. In most cases, you’ll develop a settlement agreement between yourselves, have your attorneys review them, and then submit them to the court. Costs are low, in […]

Yes, if your former spouse has remarried and your kids are home with their stepparent while their parent is at work, that’s still part of visitation. From a practical standpoint, collecting your kids from an overnight in order to keep them from spending time with a stepparent, then returning them when your ex is done […]

While it’s possible that the financial details of your divorce could create that result, the truth is that judges have a strong interest in promoting stability for children in a divorce, and you have a good chance of winning this particular argument. It may seem to make sense to your spouse that disposing of the […]

Yes, you have the right to fire your lawyer and retain new counsel if you feel that your case isn’t being handled to the degree you would like. The sooner you bring on new counsel, the better, as your lawyer will need to come up to speed on the issues in your divorce very quickly. […]

As residents of Queens, you have full access to courts in Queens to handle your divorce. While it may be possible to file in your home country, because of the hassle and expense of dealing with long-distance legal matters, traveling for hearings, and the uncertainty that many countries in the world promise one or both […]

You shouldn’t worry too much about allegations in a divorce being used against you in immigration settings, but if your spouse is alleging criminal activities or has pressed charges against you for domestic violence crimes, you may have a significant problem. These types of divorces have to be analyzed on a case by case basis, […]

There are several ways you can receive your share of 401(k) funds, some of which allow you to make investment decisions and some of which don’t. There are also variations among plans in how disbursements can be handled. Some will allow a lump sum payment, others may not. Where a lump sum can be paid […]

If your spouse insists on sticking you with debt that you didn’t incur, you may end up fighting about it in court. When determining how to divide debt from credit cards, if you can show that your spouse ran up the debt on things that only they used, then you stand a better chance of […]

It may, but keep in mind that the court will only tolerate so much foot dragging on your spouse’s part. If there were genuine questions about their attorney’s competence, the judge will probably let it slide with a small delay, but your spouse likely won’t get another chance to avail themselves of the court’s goodwill. […]

New York law doesn’t require that you split the equity 50/50, only that any equity is shared in way the court deems equitable to the parties. There may be contingencies that make a different revenue split more appropriate in your case, but keep in mind that when your spouse takes on the home, they also […]