Under New York law, property acquired during a marriage is considered marital property, which means that it belongs to both parties. Thus, if a couple divorces, the court will equitably distribute any marital property. In many cases, however, the parties will not only dispute what constitutes a fair division of…
In many instances in which a couple with a child divorces, one spouse will be the primary income earner, while the other will be responsible for raising the child. Thus, it is not uncommon for a court to order one parent to pay child support to the other. Support obligations…
In many marriages, one spouse will hold strong religious beliefs and will provide religious guidance to any children born of the marriage, while the other spouse will not actively practice religion. Accordingly, when a couple with such differing religious beliefs decides to divorce, the issue of what religious upbringing the…
In many marriages, one spouse will earn substantially more than the other, causing a disparity in income. Thus, in many cases in which spouses do not earn similar wages, the courts will order the higher-earning spouse to pay spousal maintenance. Recently, a New York appellate court discussed the factors weighed…
One of the most contentious issues in many divorce cases is how marital assets should be disbursed and what support if any, one spouse should be obligated to pay the other. Unfortunately, parties do not always agree with support orders issued by the court and in many cases, a party…
Parent alienation is a significant factor which New York courts consider in child custody cases. Parental alienation can strain parent-child relationships if not identified and handled correctly. Parental alienation occurs when one parent influences the child to have “unwarranted feelings of fear, anger and/or disrespect towards the other parent.” This…
During a divorce, it is essential to keep in mind that the family business is an asset and a source of income. The parties to a divorce are entitled to divide the marital portion of the business as part of the equitable distribution of their marital assets, and the income…
In deciding which parent should have legal custody of a child, New York Courts consider the following factors: Which parent has been the Primary Caregiver; Which parent is more available; Whether a parent is willing to foster the relationship of the child with the other parent; Parent’s ability to provide…
New York courts always determine custody based on what is in the best interest of the children. If there is no court order or a written agreement between the parties, then both parents have equal rights to physical and legal custody of the child. Where modification of existing order of…
When contemplating a shared physical custody schedule for an adolescent, the child’s personality shall be considered. One of the common arguments in custody cases is that children should be able to spend “equal” time with both parents so that they may develop a meaningful relationship with each parent. Many advocates…