People often relocate for job opportunities without issue. When a person who wishes to move to another state shares custody of a child, however, it can create complications. In evaluating a petition to relocate or any custody issue, the court’s main focus is on what is in the best interest…
In New York, parties entering into marriage have the right to protect their interests via prenuptial agreements. Generally, the courts will enforce valid prenuptial agreements, but parties may attempt to challenge enforcement by arguing, among other things, that the provisions of the agreement are vague. As demonstrated in a recent…
Discovery is an essential part of family law cases, as it allows the courts to evaluate parties’ rights and obligations with regard to child support, spousal support, property division, and other matters. If a party fails to engage in a discovery process, therefore, it can be prejudicial to their opponent…
The following questions are examples of frequently asked questions during a consultation as it relates to contested divorces for parties with children. These are typically the topics that cover most contested divorce proceedings with children. Divorces for people with children: How long do Contested Divorces usually take? What is the…
In New York custody actions, the court’s primary focus is the child’s best interest. Typically, the courts find that it will benefit a child to foster the parent-child relationship. As such, in cases in which parents share custody, if one parent attempts to alienate the child from the other parent,…
While married people generally have the right to buy and sell assets as they see fit, parties engaged in the process of ending their marriage via divorce generally do not enjoy such freedoms. Specifically, New York law generally enjoins parties from disposing of marital assets without express permission. Recently, a…
Many couples who decide to end their marriage are able to negotiate the terms of their separation successfully. When such agreements are memorialized in writing and submitted to the court, they typically will be incorporated into the judgment of divorce. While written separation agreements deal with family law issues, they…
It is common for courts to issue orders that impose financial obligations on parties in New York family law cases. Such orders are legally binding and enforceable by the courts. For example, if a party fails to comply with the terms of an order, they may be held in contempt.…
The New York courts place great importance on a parent’s duty to financially support their child. As such, if the courts determine that a party neglected to uphold their support obligation, they may choose to impose sanctions on the party. Not all failures to pay child support are sanctionable, though,…
Under New York law, when a couple divorces, any marital assets are subject to equitable distribution. In other words, the courts will allocate them in a manner they deem fair, which does not necessarily mean they will be divided equally. Separate property, on the other hand, remains the property of…