“BEST INTEREST OF THE CHILD”: WHAT DOES IT MEAN?
Monday, April 5th, 2021In all court cases that affect a child, such as divorce and custody disputes, the court will consider the “best interest of the child” when making decisions. This standard refers to the factors a judge will consider when deciding what will best serve the child and which person is best suited to care for the […]
Read MoreDivorce vs. Separation: Which One Is Right For Us?
Thursday, April 1st, 2021When spouses decide to go their separate ways, there are a lot of difficult decisions to make. Often, many people assume that the next logical step is to get a divorce. However, it is worth examining other options available before dissolving the marriage. Sometimes, spouses choose to obtain a legal separation. A legal separation can […]
Read MoreMaintenance Modifications: Protecting Yourself as the Payor Spouse
Monday, March 22nd, 2021In New York, maintenance is money that one spouse (the payor) is ordered to pay to the other spouse (payee) for his or her financial support during and/or after a divorce. Maintenance is calculated according to a formula, which takes into account the income of both parties. With a divorce, maintenance obligations can result from […]
Read MoreWhat Divorced Parents Need To Know When Planning To Travel Out Of The Country With Their Children
Thursday, March 18th, 2021With divorce comes a whole host of issues to be resolved, and when children are involved that means deciding on child custody arrangements. Suddenly, new concerns arise as custody arrangements place restrictions on a parent’s ability to spend time with their children. International travel is one area that is impacted by child custody matters. Ideally, […]
Read MoreChild Support in New York: How Is It Calculated?
Friday, February 26th, 2021Whenever children are involved, the court must render a child support award in a divorce or custody case to ensure that the children have the resources they need to support their well-being. In New York, child support is available for children who are unmarried, unemancipated and under 21 years old. Support is calculated pursuant to […]
Read MoreLiving Out-of-State and Filing for Divorce in New York
Friday, February 12th, 2021Divorce is one of the hardest things that anyone can go through. It can generate a range of anxieties, fears, and frustrations that are not easy to deal with. You may be currently separated from your spouse, but are you ready to take the next step and file for divorce to make the dissolution of […]
Read MoreAre There Defenses to Divorce Actions in New York?
Thursday, February 11th, 2021Divorce is a hard thing to get through. It can be a confusing process and can bring up a lot of emotions. Traditionally, a spouse had to allege some fault on the part of the other spouse in order to file for a divorce. As of 2010, this has changed with the introduction of the […]
Read MoreWhat You Should Ask A Prospective Divorce Lawyer
Monday, January 25th, 2021Divorce is never a welcome process and finding a reputable divorce lawyer able to handle all the specific details of your case is paramount to getting through it with a minimum of frustration and confusion. Choosing an attorney with plenty of experience with divorce law Garden City NY legal experts should be familiar with can […]
Read MorePreliminary Conference: What Is It?
Thursday, January 21st, 2021Divorce has become a common occurrence in the U.S. and other parts of the world. But sometimes a divorce process can be stressful and time-consuming. If you receive a notification about a preliminary conference, then you know that your spouse has initiating the process of having your divorce case go through the court system. One […]
Read MoreHow Long Does Divorce Take in New York?
Wednesday, December 30th, 2020Divorce is painful and it can be costly. If your marriage is at an end, divorce is the only way for you and your spouse to move forward. It is best to get through the process as quickly and painlessly as possible, and there are options for doing so. Mediation is a speedy and less […]
Read MoreWhat Is No-Fault Divorce?
Monday, December 28th, 2020In the past, New York divorce law required that a litigant establish a reason (“grounds”) for seeking a divorce. Adultery, domestic violence, abandonment, imprisonment for three or more years, and living apart for one year as a part of a separation agreement were the only grounds for divorce. This prevented a litigant from obtaining a […]
Read MoreTalking to Your Children About Divorce
Monday, December 28th, 2020If you have already spoken to a divorce lawyer in Garden City, then you may be wondering how and when you need to break the news to your children. Studies have shown that most parents only spend 10 minutes talking to their children about divorce. You need to spend more time than that. Here is […]
Read MoreEquitable Division: What it is and how it Impacts Your Divorce
Thursday, December 24th, 2020Going through a divorce is a painful and difficult process. It can cause a great deal of stress, and at times you may feel overwhelmed by the ordeal. However, it is important to keep your head straight and to look after your financial and personal interests. Hiring a New York Garden City divorce lawyer can […]
Read MoreCan You Receive Life Insurance From Your Former Spouse?
Saturday, October 24th, 2020After a divorce has been finalized and assets have been distributed, most divorcees tend to think that that is the end of property disputes. Later on, when one of the divorcees passes on, life insurance disputes are likely to crop up. If you have been battling with the question of whether you can receive life […]
Read MoreSecrets to Achieving A Positive Post-Divorce Life
Thursday, October 22nd, 2020After a divorce, most people are left feeling either one of two ways. They either have a fresh look on life, or they feel empty. The former group feels ready to start their life without the weight of something negative that was previously weighing them down. The second group of people tend to dwell on […]
Read MoreHow to Prepare a Parenting Custody Plan for the Holiday Season
Thursday, October 8th, 2020Spending time with your children is something that most parents value. When parents are divorced or separated, it is necessary to have a parenting custody plan to avoid conflict and disagreement. By having a clear parenting plan, you will be able to plan for the future and avoid confusion. For assistance with parenting custody plans […]
Read MoreWhat You Need to Know about Divorce and Student Loans
Thursday, October 8th, 2020Contrary to popular belief, student loans are one of the more complex items to deal with when divorce proceedings are underway. Most of the rules affecting responsibility for student loan debt will differ from state to state, so it is best to employ the services of a Garden City divorce lawyer to help you navigate […]
Read MoreHow to Protect Your Business During a Divorce
Friday, August 14th, 2020Divorce forces parting spouses to address a significant number of important personal, financial and legal matters. When the owner of a company or organization divorces, their business interests might be impacted by the divorce. The individual will not lose their business or face, but may be subject to a forensic evaluation, which may or may […]
Read MoreDenied an Order of Protection? What You Could Do Next?
Friday, July 24th, 2020Unfortunately, the break down or emotional toll of certain close relationships leads to one party threatening or actually harming the other. Fortunately, In New York State, those victimized by such behavior might be able to obtain a legal safeguard against said subjects known as an order of protection. However, merely petitioning the Court for this […]
Read MoreFive Steps to Take in A Financial Case
Friday, July 10th, 2020Every divorce case has the potential to be challenging and contentious. This is especially true of those cases involving complex financial issues. Taking certain actions will improve one’s chances for success. Fass & Greenberg, LLP., Garden City NY divorce attorneys, invite prospective clients to read this short blog detailing five important steps those facing financially […]
Read MoreEmerging from COVID-19 – How Virtual ADR Survived and Changed the Way Mediation in Matrimonial Matters is Conducted
Wednesday, July 1st, 2020Within matrimonial cases lie many disputes that need to be resolved, such as child custody, child support, alimony, and division of assets. When dealing with such important and personal matters, litigation is not always the best option for resolving disputes. It is often time-consuming, rigid, and expensive. It is therefore wise to look into other […]
Read MoreSpouse Awarded Full Custody? Know Your Rights
Friday, June 26th, 2020In a divorce case where children under the age of 17 are involved, the issue of child custody must either be agreed upon by the parties, or decided upon by the court. There are two components of child custody, i.e., legal custody and physical custody. Legal custody gives a parent the right to make major […]
Read MoreWhere Is The Value In Assets After COVID-19?
Friday, June 5th, 2020The law has become an even more interesting landscape since the rise of COVID-19 and the myriad of issues that it has brought to the forefront. The disease has spread throughout the country and the world, and it has turned a lot of traditions and customs upside down. One thing that Garden City family lawyers […]
Read MoreHow the COVID-19 Epidemic May Affect the Divorce Rate
Friday, June 19th, 2020The COVID-19 epidemic has caused the majority of people to change their routines and lives to some degree. Quarantine orders, working from home, home schooling children, and the general panic surrounding the virus has led to people having to spend many hours confined with their spouses. This can be a big change for people who […]
Read MorePaternity Issues? When to Discuss with a Lawyer
Friday, May 15th, 2020Finding out that your partner is going to have a child should be a good thing. For some, though, it brings the kind of doubts and fears that can only come from wondering if the child is really theirs. Paternity means being a child’s legal father. In New York, marriage to a child’s mother at […]
Read MoreDomestic Violence in Quarantine: What to Do Next
Friday, May 1st, 2020In response to the current pandemic, New York State has been “on PAUSE” since March 22nd and has implemented stay-at-home orders, social distancing, and self-isolation techniques to help combat the spread of COVID-19. However, these tactics have had unanticipated consequences as the incidence of domestic abuse has increased. In New York State, domestic violence reports […]
Read MoreCan I Get Child Support Modified if I Lost My Job Because of COVID-19?
Friday, April 17th, 2020COVID-19 has had a devastating impact on the American economy. Job losses have skyrocketed to 10 million in the last two weeks. If you have been furloughed or laid off as a result of the widespread public safety measures that have been enacted, then you are not alone. You may now be struggling to pay […]
Read MoreThe Difference Between a Contested and Uncontested Divorce
Friday, March 20th, 2020Divorce is an emotional undertaking and is often contested from beginning to end. There are important differences between dissolutions of marriage which are contested and uncontested. In uncontested divorces cases, the parties are able to agree upon the major terms of their divorce and only need the terms and conditions reduced to writing. In contested […]
Read MoreWhat is the Difference Between a Separation Agreement and a Stipulation of Settlement?
Friday, March 6th, 2020When a couple decides to divorce, all of their issues relating to child custody, child support, alimony, and division of assets are resolved either by a judge after trial, or in most cases, between the parties by agreement. This agreement is created after full disclosure of both parties’ finances, valuations/appraisals of marital assets, such as […]
Read MoreCreating a Visitation Schedule
Friday, February 21st, 2020When parents physically separate, they will need to create a visitation schedule with their child’s other parent. These schedules vary greatly, and should not be taken lightly. Just because a couple is on friendly terms at the time of their separation does not mean it will remain so; particularly if one of them establishes another […]
Read MoreRequirements for an Annulment in NY
Friday, February 7th, 2020In the State of New York, a marriage can end one of two ways: divorce or annulment. While divorce dissolves a legal marriage, an annulment retroactively determines the marriage was invalid from the outset. People with religious or cultural objections to divorce may view annulment as an attractive alternative means to end their marriages. However, […]
Read MoreCo-Parenting with Your Ex-Spouse
Friday, January 31st, 2020Custody battles between parents are frequently emotional and frustrating, making them perfectly poised to become hostile and antagonistic. In most circumstances, the greatest amount of conflict may not even be caused by addressing significant life-altering decisions, but when dealing with the day-to-day agreements of where to meet to exchange children, or how to provide the […]
Read MoreStuck Inside for Coronavirus? How to Keep Up with Visitation Schedules
Friday, April 10th, 2020As COVID-19 continues to ravage America, parents throughout the country are doing their best to look after the health and well-being of their children. This is hard enough to do for parents who still live as a couple. It is a more serious challenge for parents who are divorced. The social distancing and shelter-in-place orders […]
Read MoreAre Lawyers Held to a Higher Ethical Standard In Their Personal Lives?
Thursday, January 23rd, 2020Professional misconduct is the most common reason for attorney discipline. Lawyers can also be disciplined for conduct in their personal lives. In addition to suffering the legal consequences of any criminal activity in some instances, i.e., if the crime involves dishonesty, fraud, deceit or misrepresentation, a lawyer may also be subject to discipline imposed by the […]
Read MoreAre Divorce Records Public in New York?
Tuesday, November 26th, 2019Unlike some states, New York requires divorce records to be sealed. This means that only the former spouses or someone with a New York state court order can access those documents with proper identification, such as a driver’s license, passport, or military ID. If the former spouses are represented by attorneys, those attorneys can also […]
Read MoreMarital Fault: Grounds for Divorce in NY?
Tuesday, November 12th, 2019For couples seeking to end their marriage, it is important to know that the State of New York is one of the few states to consider both at-fault and no-fault grounds for divorce. Prior to the enactment of DRL §170(7), a spouse needed to prove one of the following causes of action to obtain a divorce: […]
Read MoreCollaborative Divorce
Tuesday, October 8th, 2019Whenever the court is involved in family issues, your divorce will become a battleground. The resulting conflict can have far-reaching consequences for you and your children. While the financial cost can be high, the emotional and psychological cost can be equally devastating. The Collaborative Process One way to diffuse the conflict is to engage in […]
Read MoreMediation Basics & the Process
Monday, September 16th, 2019Going to court isn’t the only legal process that can help you to solve a dispute. In many cases, the two sides of an issue can work together collaboratively to come to a decision that satisfies both sides. If you’re interested in an alternative way of bringing disputes to an end, the Garden City mediators […]
Read MoreTips for Getting Your Assets Distributed Equally and Equitably
Monday, September 2nd, 2019Divorce is difficult. In addition to the emotional ties that are broken during the process of marriage dissolution, there is also the matter of property (real and personal) that must be determined by the separating parties. In some states, there is community property, which requires all assets to be equally distributed. In New York, our […]
Read MoreCan Alimony/Maintenance Payments Be Lessened if I Lose My Job?
Monday, August 26th, 2019Are you divorced and paying alimony, i.e., “maintenance”, to your former spouse? Have you experienced a serious reduction in income due to loss of job, or medical infirmity? You may well find the amount of maintenance you are paying to be a serious hardship. What, if anything, can be done to reduce the payments? Modifying […]
Read MoreWhen Is It a Good Idea to Sign a Prenuptial Agreement?
Wednesday, August 7th, 2019Getting married means more than just signing a piece of paper or having a wedding. It means that you’re going to join your life with another person, and that your lives going forward are going to be legally entangled. Many couples consider signing a prenuptial agreement before getting married, but many aren’t sure if it’s […]
Read MoreHow Divorce Affects My Investments
Tuesday, July 23rd, 2019The division of marital property during divorce can be complex, and the division of investments is no exception. But once it is determined what percentage of distribution between the parties is equitable (whether by the parties’ agreement or by a judge’s order), the division of these accounts can be quite simple. But if one party elects to […]
Read MoreWhat Factors Are Considered in Alimony Decisions?
Tuesday, July 9th, 2019The purpose of maintenance is to help the lower-income spouse become financially independent after a divorce. While these payments are colloquially known as alimony, New York State law refers to them as maintenance. The lower-income spouse may have given up a career in order to support the higher-income spouse, or they may have grown accustomed to […]
Read MoreDivorce Cases in New York: Why You Need a Lawyer
Friday, June 28th, 2019Some people seeking a divorce question whether or not they need legal representation. More people are asking this question now that divorce documents can easily be accessed online. However, a divorce entails much more than filling out paperwork and drafting agreements. Dealing with the emotions, the complexities of laws, and custody disputes that come along […]
Read MoreDivorce Do’s and Don’ts
Tuesday, June 4th, 2019If you are a party in a divorce case, there are things you should do and things that you should avoid. By being mindful of your words and actions during a divorce, you can improve your chances of receiving your desired outcome. Because each divorce case is unique, you should confer with your attorney before […]
Read MoreHow Does the New Tax Law Affect Divorce?
Thursday, May 23rd, 2019The 2017 Tax Cuts and Jobs Act (“TCJA”) made significant changes to the Federal Tax Code. This act affects divorce settlements by eliminating the taxability of alimony payments and personal exemptions for children, while increasing the child tax credit to $2,000 for each child under 17. Taxability of Alimony Payments For decades, spouses who make […]
Read MoreWhen Is A Good Time To Withdraw Money From Joint Accounts?
Thursday, May 9th, 2019It’s no secret that going through a divorce can be expensive. Living on your own, rent for a potential new living space, and legal fees can lead to financial stress. If you and your spouse have one or more joint accounts, you may consider withdrawing some of that money to help cover your expenses. Here […]
Read MoreDistribution of Marital Assets
Wednesday, April 10th, 2019Contrary to popular belief, once a Judgment of Divorce is signed by a Judge, the divorce process is not over. There are additional steps parties need to take in order to effectuate the provisions of an Agreement, or Order, to distribute assets such as retirement accounts and real estate from one spouse to another. Retirement […]
Read MoreWill I Be Awarded Spousal Support After My Divorce?
Saturday, January 26th, 2019Temporary spousal support is awarded by agreement or at the discretion of the judge to permit the non monied spouse to either defend or prosecute the divorce litigation. Our divorce attorneys in Garden City NY can petition the court for temporary alimony prior to the dissolution of your marriage. The interim order can give you […]
Read MoreVisitation Rights: How Can an Attorney Help?
Friday, January 11th, 2019Few matters are as important as being able to see your children. Unfortunately, visitation can be a difficult topic to broach and an even harder process to undertake on your own. If you are concerned about being able to see your children, it’s always important to speak to an experienced attorney. Below are a few […]
Read MoreWhat is the Difference Between a Divorce and an Annulment?
Friday, October 12th, 2018An annulment of marriage is a legal decree that a marriage is void. Unlike a Judgment of Divorce, which recognizes the existence of a marriage and dissolves it, an annulment treats the marriage as if it had never existed. Some spouses prefer an annulment because they believe a divorce carries a stigma. When a spouse […]
Read MoreHow Can an Attorney Help During a Mediation?
Wednesday, September 26th, 2018When two parties have a legal disagreement, going to court is the next step that most assume should be taken. Potential clients may believe that a day in court with attorneys and a judge present is the best option. While that does occur, mediation is sometimes a more viable and less costly alternative. If the […]
Read MoreChild Support: What You Need to Know
Saturday, September 8th, 2018In New York, child support payments are a component of child custody. In most cases, the custodial parent receives direct payments from the noncustodial parent until the child or children reach emancipation. New York has specific requirements for the amount of child support the noncustodial parent must pay, essentially, the child support payments cover the […]
Read More3 Things Not to Do at a Court Appearance
Sunday, August 26th, 2018For most, court appearances, whether it be for a conference, a motion, or a trial, present a very novel type of situation. It is not that people do not know what the appearances are, but rather that they do not know what to expect. If you are required to appear in a court conference, you […]
Read MoreFamily Offenses and Why You Need an Attorney
Thursday, August 16th, 2018Family offenses in the State of New York can consist of a wide range of acts. These types of cases are brought when one family member accuses another family member of committing certain acts against him, her, or a third-person family member. Family members are defined as any one of the following under New York […]
Read MoreWould Mediation Be Right for Us?
Wednesday, August 8th, 2018Mediation is becoming much more popular in divorce cases. In face, it is even mandated in some states if you have children. If you have the option, though, it is important to stop and consider whether or not the process is right for you. While mediation can have impressive results, it shouldn’t be misconstrued as […]
Read MoreSeparating from your Spouse? Dos and Don’ts to Consider
Friday, July 6th, 2018Separation can be difficult for you and your spouse, as well as any children that may be involved. Fass and Greenberg, New York family attorneys, recommend thinking about the following before you separate: DON’T move out of the house without having a written agreement in place, whether it be final if possible, or a temporary […]
Read MoreWhat Are My Rights As a Grandparent?
Friday, June 8th, 2018When a family splits up, or a parent dies, the grandparents naturally want assurance they can continue to spend time with the children, too. While this might not be a problem for some couples, with others, there are attending issues that must be dealt with on a legal basis.
Read MoreChild Custody Agreements: How an Attorney Can Help
Friday, June 22nd, 2018Child Custody Agreements: How an Attorney Can Help Going through a custody dispute is one of the most stressful experiences imaginable. Emotions run high when children are involved. Even if you think you can handle the situation for yourself, it’s critical to obtain effective representation by a skilled experienced attorney.
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