Are 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 MorePaternity Rights: Why You Need an Attorney
Friday, July 20th, 2018It is a very common misconception that people have that paternity is only established so that child support can be determined. While this is one thing that does occur when paternity has been confirmed, it is also about providing the father with specific rights concerning his child. Any man that has fathered a child has […]
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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