NY Divorce Articles & Posts | Bikel Rosenthal & Schanfield Matrimonial Law Firm

12 Questions to Ask Before You Get Married

Marriage is an expression of love and commitment but also a legal and financial partnership. It’s important to understand what you are delving into—romantically, legally, and financially—before signing your marriage license. Although every marriage has ups and downs, and not every scenario can be planned for, having honest discussions about your expectations for marriage can only benefit you. These 12 questions...

Mar 2, 2023

Divorce

What Is Divorce Mediation?

When a couple wants to end their marriage, litigation isn’t the only option. Divorce mediation may be a valuable tool for spouses who want to work together rather than against each other during their split. Mediation is a process by which couples resolve issues and end...

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Feb 27, 2023

Divorce

How Does Changing Your Job Affect Child and Spousal Support?

If you’ve been through a divorce, you know that life can take a sudden, unexpected turn. Change is inevitable. But just as your personal life can take a different direction, so can your career. You might decide to pursue an exciting new opportunity, or your employer might...

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Feb 21, 2023

Divorce

How Divorce Can Affect Your Immigration Status

Divorce can raise unique questions for immigrants living in the U.S. If your spouse sponsored you, or if your residency depends on your spouse’s job, separating from your partner can create anxiety about whether you will be able to maintain your residency in the U.S. and...

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Feb 16, 2023

Child Custody

Why Parents with Joint Custody May Still Pay Child Support

In our family law practice, our clients are often surprised to find out that they’ll have to pay child support even if they share custody with their ex. While it might be true that you will pay less in child support when you have joint custody, joint custody does not...

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Feb 13, 2023

Divorce

How Long Can a Divorce Be Put on Hold in New York?

Divorces, like relationships, can be complicated. Couples who may be set on divorce one day might rethink their decision the next. When spouses aren’t sure if they’re ready to move forward, it is possible to put a divorce on hold. New York courts do not put a...

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Feb 10, 2023

Divorce

Co-Parenting After a Divorce: What You Need to Know

Who gets the kids? This is usually one of the most important, delicate, and contentious parts of any divorce or separation. If soon-to-be-splitting spouses have children under 18, the parents will have to decide how to divide responsibilities for their care. In some...

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Feb 8, 2023

High Net Worth Divorce

7 Ways to Protect Your Retirement During Divorce

Divorce can be a logistically and emotionally overwhelming experience, leaving you with many questions about the future. One of those questions is likely to be: What will happen to my retirement savings? If you’ve been in the workforce for decades, have saved a healthy...

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Feb 3, 2023

Nuptial Pacts

How to Get Your Spouse to Say “Yes” to a Postnuptial Agreement

Most people know what a prenuptial agreement is, but do you know it’s also possible to get a postnuptial agreement? In both prenuptial and postnuptial agreements, the objective is to establish what happens if the parties get a legal separation or a divorce. Both can...

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Feb 2, 2023

High Net Worth Divorce

Nasty NY Divorce Veers Towards Defamation as Wife Spreads Dirt on Investment...

Emotional outbursts, insults, and name-calling are not unusual in a divorce. Parties are likely to exaggerate each other’s misconduct and character flaws. One spouse might even threaten to “tell the world” about horrible misdeeds, insufferable conduct, and...

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Jan 27, 2023

Divorce

The Rules of Refinancing During Your Divorce

If You’ve Been Wanting a Lower Mortgage Rate, Now May Be the Time to Act If you are going through a divorce, one of your major considerations is what to do about the family home. The easiest solution is for both parties to agree to sell the home and divide the proceeds...

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Jan 25, 2023

Divorce

Equal vs. Equitable Distribution in New York

How the Law Divides Marital Property in the Empire State A marriage is a partnership, and the property must be divided when that partnership is dissolved. If it were a business partnership, assets and debts would be divided according to the partnership agreement, which would...

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Jan 21, 2023

Divorce

What Is Conscious Uncoupling, and Can it Help Your Divorce Process?

Doing Divorce The Gwyneth Paltrow Way Conscious uncoupling refers to a separation where both partners act responsibly and work together to build a healthy future for themselves and their children. A divorce or breakup free of animosity is perceived as rare in our society when...

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Jan 18, 2023

Domestic Violence

Orders of Protection: What to Do if Your Ex Is Stalking You

Every year, millions of people throughout the U.S. are victims of intimate partner violence, including stalking. Stalking, or engaging in repeated unwanted contact that causes distress, can especially be a problem when couples become estranged and one party is seeking a...

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Jan 13, 2023

Child Custody

How to Minimize the Impact of Divorce on Your Children

Every parent fears that their divorce will be disruptive and possibly traumatic to their children. The good news is that children are remarkably resilient, and as long as you are attentive to their needs during the process, you can spare them a great deal of emotional turmoil....

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Jan 10, 2023

Divorce

Dating After Divorce: When Can You Remarry?

Maybe remarriage is the furthest thing from your mind while you’re working through a divorce. Or maybe you have already begun a new relationship that is headed down a serious path. Either way, odds are high that you will eventually walk down the aisle again. As many as 52...

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Jan 5, 2023

Child Custody

Negotiating Child Custody Without Court Involvement

In New York, courts can make orders regarding custody for minors under the age of 18. Courts make decisions based on the "best interest of the child," a complex legal concept that includes fostering a healthy relationship between the child and both parents. When there is no...

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Jan 2, 2023

Child Custody

Unemployment and Divorce: How Child Support Is Calculated When One Parent...

Marriages may not always last, but supporting children until they reach legal adulthood is not an option. Laws in the U.S. make it clear that if you have children, you are obligated to provide for their food, shelter, healthcare, and education while they are minors. When you get...

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Dec 28, 2022

Divorce

Important Divorce Documents to Keep After Your Divorce Is Finalized

By the time the court issues your divorce decree, you’ll probably want to leave the whole process behind. In fact, you might be tempted to destroy all the evidence. But before you get out the paper shredder, we need to caution you about holding onto critical documents you...

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Dec 22, 2022

Divorce

Why You Should Not Move out of Your Home During your Divorce

Once a married couple has decided on divorce, it’s customary for one spouse to move out of the family home. This may be beneficial in reducing tensions in the household, and in extreme cases, necessary to ensure the safety of one partner and their children. But acquiescing...

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Dec 20, 2022

Child Custody

Remarriage and Child Support in New York

Child support can be ordered as part of your divorce, or it may be ordered if you and the other parent were never married and ended your relationship and now live separately. Child support is intended for the benefit of the child, to ensure that their needs are met. If one or...

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Dec 15, 2022

Child Custody

What Should Child Support Payments Be Used For?

When a divorce or separation involves a child under the age of 21, the question of child support can become a complicated one. The parent receiving support may feel they don’t have enough resources to care for the child, while the parent providing support may become...

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Dec 12, 2022

Child Custody

What Happens to Child Support When Parents Live in Different States

Figuring out who owes what for child support is complicated enough when both ex-spouses live in the same state. Those matters can become a real headache if you and your ex live in different states. Fortunately, the U.S. legal system has encountered this situation before, many...

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Dec 9, 2022

Child Custody

Why You Might Still Owe Child Support After Your Child Turns 18

If you’re laboring under child support obligations, you might find yourself longing for the day your kid turns 18 in hopes that means you’ll have one less bill to pay. Divorced parents sometimes have a rude awakening, though, when they realize that child support...

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Dec 8, 2022

High Net Worth Divorce

What To Know About Lisa Marie Presley’s Divorce

The only child of Elvis Presley has lived a tumultuous life, and she has had an equally rocky divorce from her ex-husband Michael Lockwood. Lisa Marie Presley divorced Lockwood, a struggling musician and producer, in 2016 after 10 years of marriage. He was her fourth husband...

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Dec 6, 2022

Divorce

Is a “Simple” Divorce Really Cheaper?

The average divorce in New York costs between $13,000 and $16,000. That figure can skyrocket to $50,000 or even $100,000 if the divorce is contentious and requires an extended trial. With these costs, many couples are motivated to simplify their divorce and find ways to reduce...

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Dec 2, 2022

Child Custody

How Paying or Receiving Child Support Changes Your Taxes

In our family law and divorce practice, clients often ask, “How does child support affect taxes?” They are well aware that during their marriage, they received tax benefits for claiming their children as dependents. These tax breaks can include a higher standard...

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Nov 22, 2022

Child Custody

Is Your Ex Hiding Income to Avoid Paying Child Support?

IRS Form 3949-a May Be Useful for Proving Fraud, But Is it a Winning Tactic? A common complaint we see during and after divorce is that the noncustodial spouse is underreporting income to pay less in child support. Now, we never counsel our clients to do this, because it places...

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Nov 15, 2022

Child Custody

Gender Bias in Divorce: Is it More Difficult for Fathers to Win Child Custody?

Many have heard of men losing in divorce court with less-than-ideal child custody agreements. It does seem that women are more often awarded custody of the couple’s children, but is it true that the law and/or the courts are biased against fathers? The answer may be a bit...

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Oct 18, 2022

Child Custody

6 Things Not to Do During a Child Custody Dispute

During a divorce, your stress level can rise exponentially. When it comes to issues you’re emotionally invested in, such as your children’s welfare, it’s easy to lose patience and perspective. Under these circumstances, you’ve got to keep a cool head,...

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Oct 14, 2022

Child Custody

Can You Modify Child Support Payments in New York?

Becoming a parent means you have the legal responsibility to financially support your children at least until they reach the age of 21, or are otherwise considered emancipated. That obligation doesn’t go away if you get a divorce or otherwise split up — instead, it...

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Oct 10, 2022

Business Valuations

Protecting Your Business During a Divorce

You’ve poured your heart and soul into your business. You’re reaping the rewards of all your hard work and sacrifice. Unfortunately, you’re also heading for a divorce, and your spouse has eyes on your beloved company. What can you do to protect this important...

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Sep 26, 2022

High Net Worth Divorce

6 of the Most Expensive Divorces and What We Can Learn from Them

“From those to whom much is given, much is expected.” These were words from Bill Gates’ mother to Melinda French Gates before she and Bill married. Her words foretold the enormous payout Gates would have to make in their divorce. The Gates divorce is just one...

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Sep 13, 2022

Divorce

Things Not to Do After Filing for Divorce

Filing for divorce may give you a sense of freedom and release. You’ve finally taken that big step to make big changes in your life. Although this can be a time of conflict and stress, it is also a time when you feel great relief and want to spread your wings and enjoy...

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Sep 2, 2022

Divorce

Should You Keep Your Divorce Decree?

Everyone has that file of important documents they keep in a safe or another secure area. You probably have your birth certificate, your kids’ birth certificates, deeds, titles, recent tax returns, and more safely stored away. Once your divorce is over, there are other...

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Aug 16, 2022

Child Custody

How to Get Residential Custody of Your Child

If you hope to be granted residential custody of your child, it is important to understand the factors the court will look at and work with your attorney to build a convincing case. Types of Custody There are several custody terms that may be involved in your case: Sole...

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Aug 5, 2022

Child Custody

Mistakes to Avoid with the Attorney for the Child or Guardian Ad Litem

If you divorce with children or have a custody case in New York state, an attorney for the child will likely be appointed to represent your children. The attorney for the child(ren) can be highly influential as to whether or not you get custody of your children. To that end, it...

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Aug 2, 2022

Child Custody

How Does the Attorney for the Child Work with the Child?

The Attorney for the Child is an attorney appointed by the court in New York divorce and custody cases to represent the interests of the child in the case. They are specially trained and experienced lawyers who agree to ensure that a professional speaks up for what is in the...

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Aug 1, 2022

Child Custody

Preparing Your Family to Meet the Attorney for the Child

In most New York custody cases, the court appoints an attorney for the child to represent the children in the case. The attorney for the child is an attorney specially trained in custody cases that the state has approved. Their role is to present the children’s perspective...

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Jul 31, 2022

Child Custody

Why the Attorney for the Child Is Important in Your Custody Case

Custody of your children is of the utmost importance to you. Whether you are getting a divorce or seeking custody without being married, your custody case is a key moment in your life. Your custody case will involve both sides presenting their views and evidence to the court,...

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Jul 29, 2022

Child Custody

How to Create a Parenting Plan During Divorce

One of the key concerns for divorcing couples is the custody of the children and how the couple will divide their time during proceedings. Divorce can take months to years to conclude all matters. In the meantime, your family must strive to function as normally as possible....

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Jul 26, 2022

Divorce

What You Need to Know About Social Security and Divorce

Social Security payments can be impacted by divorce if certain requirements are met. Although Social Security payments may not make up a significant portion of your current or future income your rights regarding these payments are an important part of your retirement benefits as...

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Jul 19, 2022

Child Custody

Private and Boarding School Costs in a Divorce Settlement

Payment of school tuition, costs, and fees can be a challenging issue to handle in separation and divorce. It is not uncommon for divorcing parents to disagree about the necessity of a private or boarding school education or who should be responsible for covering a child’s...

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Jul 14, 2022

Divorce

How Conflicting Out May Reduce Your Access to Top Attorneys

A highly skilled divorce attorney is absolutely necessary for a complex divorce. Finding a top attorney usually means asking friends, checking with attorneys used for other matters, and getting referrals. Then the next step is to take a few meetings and evaluate the options. You...

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Jul 12, 2022

High Net Worth Divorce

Paulson Divorce Involves Trusts

One of the biggest NYC divorces in recent years has heated up with recent filings. John and Jenica Paulson have been married for 22 years and share two children. John Paulson is the head of the Paulson & Co hedge fund company. He initiated the divorce in September 2021 in...

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Jul 11, 2022

Nuptial Pacts

Second Marriage Prenuptial Agreement Tips

If you’ve been married and divorced once and are planning a second marriage, you’re likely aware of the impact of divorce and have no intention to go through it again. No one plans for their marriage to end. Every marriage is entered into with love, positive...

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Jul 8, 2022

High Net Worth Divorce

Kelly Clarkson’s Divorce Battle

Singer and talk show host Kelly Clarkson married talent manager Brandon Blackstock in 2013, and the pair had two children together. They separated in 2020 after quarantine highlighted their differences. Their divorce has been a hotly contested and complex process. History of...

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Jul 6, 2022

Child Custody

Parental Alienation Reunification Programs

If you have experienced alienation from your child, do not lose hope. Parental reunification programs can help rebuild your relationship and create a happy future for you and your child. What is Parental Alienation? Parental alienation is a strategy used by the alienating...

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Jun 28, 2022

Domestic Violence

Stay Away Orders of Protection

Trigger Warning: This blog article discusses domestic violence. If you have experienced domestic violence, your primary concern is your safety and that of your children and family members. An order of protection is a court order issued in a New York domestic violence case....

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Jun 17, 2022

Divorce

What is a Journal Entry in Divorce Law?

Journaling is a popular way to work through emotions, keep logs of your activity and behavior, and document events. Keeping a journal can be extremely useful before and during your New York divorce. Journals and Mental Health Divorce is likely one of the most challenging...

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Jun 15, 2022

High Net Worth Divorce

What Are the Laws Regarding IRAs and 401ks in a New York Divorce?

Divorce involves the division of all of the couple’s marital assets. In New York state, most assets acquired or accrued during marriage are considered marital assets and are divided according to the principle of equitable distribution, which means they are divided in a...

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Jun 14, 2022

Divorce

How To Respond to a Divorce Law Suit Summons

If you receive a divorce summons, you may wonder if, when, and how you should respond to it. The summons is an important legal notice that begins a divorce case in New York state. How a Divorce Case is Commenced in New York There is a very specific process a divorce filing...

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Jun 7, 2022

Child Custody

Grandparent Visitation Rights in New York

New York state law acknowledges that grandparents have a special relationship with grandchildren and provides an opportunity for them to seek custody or visitation in certain circumstances. How Grandparents Can Seek Visitation A grandparent can bring a petition for...

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Jun 2, 2022

Divorce

What is Commencement of Divorce in New York?

Commencement of a divorce in New York state occurs when the divorce process is formally begun by filing the papers with the court. There are many steps in the divorce process. A complex divorce can take many months to a year or more to completely resolve from filing to...

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May 27, 2022

Divorce

What is Divorce Bifurcation?

News reports on high profile divorces often mention couples who are legally single before their divorce is concluded, like the recent cases involving Dr. Dre, Ron Perlman, and Angelina Jolie and Brad Pitt. In cases like these, the divorces were bifurcated. Bifurcation is a...

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May 20, 2022

Divorce

Divorce Law: Who Gets Alimony in a Divorce?

Alimony is payments made by one former spouse to the other during or after a divorce. Most states now use the term maintenance or spousal support to refer to this. New York has specific guidelines governing spousal support payment after a divorce. Who Is Entitled to...

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May 17, 2022

Nuptial Pacts

How to Nullify a Prenuptial Agreement

Prenuptial agreements are entered into to provide a complete resolution as to how the financial aspects of a marriage will be handled if there is ever a divorce. The agreement is meant to be one that lasts for the entire marriage and becomes operational upon divorce. However, it...

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May 13, 2022

Divorce

Are Divorce Records Public in NY?

A divorce is one of the most personal and private things you will ever deal with in your life. The details of your divorce are most certainly things you do not want to be made public. Your privacy can be completely protected throughout your divorce. Divorce and Public...

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May 10, 2022

Divorce

5 Things to Do If Your Spouse Wants a Divorce but You Don’t

In some marriages, both spouses come to a mutual decision that they are ready to end their marriage. They may have conflict over many other things, but on that one thing, they agree. It’s not uncommon, however, for one spouse to decide they want a divorce when the other...

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May 6, 2022

Child Custody

Using Artificial Intelligence to Manage Custody

Once you get through your divorce, if you have children together, you will still have to have an ongoing parenting relationship with your ex. Negotiating schedule changes, coordinating exchanges, making big decisions about education or medical care, and staying informed about...

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May 3, 2022

Divorce

Debt Can Lead to Divorce

There are many reasons people seek divorce, but you might be surprised to learn that debt is a prime reason. A recent study found that 54 percent of people felt that a spouse’s debt was a reason to consider divorce. A couple’s net worth or income does not make...

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Apr 29, 2022

Business Valuations

Can You Use Business Assets to Pay for Your Divorce?

Julia Haart’s divorce from Silvio Scaglia has made headlines recently, but an important issue in the divorce has wide-ranging implications for anyone who owns a business and is seeking divorce. It is alleged Haart used business funds to pay her divorce attorney....

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Apr 25, 2022

Divorce

Make Your Child’s Inheritance Divorce-Proof

Divorce impacts not only your own financial stability, but that of your children as well. Ensuring that your children’s inheritances are protected from any divorce they might go through as adults will provide a sense of security for all involved. Property Owned Before...

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Apr 22, 2022

Divorce

13 Signs It May Be Time for a Divorce

If you’re unhappy or dissatisfied with your marriage, you may be thinking about divorce. However, divorce is a huge step with financial, emotional, and lifestyle repercussions and is not a decision to be made lightly. In a complex financial situation, divorce can be...

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Apr 19, 2022

Divorce

Adult Children and Divorce

When a couple divorces and has minor children, much of the process deals with determining what is in the best interests of the children and creating a parenting plan that maximizes both parents’ time with the children and designates how they will share decision-making...

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Apr 14, 2022

Divorce

Defamation and Divorce

Divorce is often filled with recriminations, blame, and mudslinging. It’s not unusual for a divorcing couple to say derogatory things about each other. This type of conflict is common, but sometimes it rises to the point where legal proceedings are necessary to manage it....

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Apr 12, 2022

Divorce

Can You Get Divorce Insurance?

Insurance is available for just about anything in your life or business that might involve financial loss: homeowner’s insurance, business continuation, E&O insurance, car or boat insurance, health insurance, key person insurance, fleet insurance, cyber liability...

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Apr 5, 2022

Divorce

Impact of Divorce on Powers of Attorney and Health Care Proxies

It is very likely that your legal team encouraged you and your spouse to create health care proxies, and powers of attorney while you were married. These documents provide protection for situations in which you are unable to make your own health or financial situations - most...

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Mar 25, 2022

Child Custody

Transferring Assets to Children in a Divorce

In a complex divorce with many high-value assets, transferring some assets to children can be a solution to a hotly contested property division. Understanding Transfers to Children During Divorce Assets acquired during the marriage are, with a few exceptions (such as gifts,...

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Mar 25, 2022

High Net Worth Divorce

How to Keep Your Divorce Off Social Media

When couples who are in the public eye divorce, social media can become a platform for attacks, misinformation, and conflict. It is possible to keep your private affairs from becoming public and avoid the publicity involved with dissecting the end of your relationship on social...

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Mar 22, 2022

High Net Worth Divorce

NFTs and Divorce

NFTs (non-fungible tokens) are unique digital files that have become the fastest-growing segment of the art world. These assets' high value and speculative nature make them items that must be carefully assessed in a divorce. What Is an NFT? NFTs are digital items of value...

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Mar 18, 2022

Domestic Violence

Playing with Fire: Contempt of Court in New York Divorce Cases

When a court issues an order in a divorce case in New York state, the parties in the case must follow it. A court order is not optional or something that can be ignored. When a person violates or disregards a court order, the court has the power to enforce that order. Ignoring...

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Mar 14, 2022

Divorce

Are You Married to a Psychopath? 18 Signs that Your Spouse May Be a Psychopath

Most people going through a divorce do not see their spouse in the best light. It’s not uncommon for some people to throw around the word “psychopath” label when referring to their estranged spouses. Your spouse might be incredibly challenging, but are they...

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Mar 10, 2022

High Net Worth Divorce

Dividing What’s in Your Closet in Divorce

It’s well-known that marital assets must be divided in a divorce. Homes, cars, businesses, investments, bank accounts, and art are significant items frequently addressed in a divorce. However, in recent years, closer attention has been paid to items couples may own that...

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Jan 4, 2022

Divorce

This Is the Biggest Sign That Your Marriage Will End in Divorce

If there was a test that would tell you if your marriage would end in divorce, would you want to take it? Therapist Dr. John Gottman has spent 40 years studying married couples and analyzing why some marriages end and others don’t. His research is able to predict with 90%...

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Dec 14, 2021

Divorce

Can You Get a Divorce if You Never Got a Marriage License?

One of the most important steps an engaged couple must take before the wedding is obtaining a marriage license. The marriage license is a legal document signed by the couple, the officiant, and the witnesses; it proves the marriage has taken place. The license must be filed with...

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Dec 13, 2021

High Net Worth Divorce

8 Best Marriage Therapists in Nassau County

If you are unhappy in your marriage and considering divorce, the first call you should make is not to a divorce lawyer, but to a marriage therapist. A Nassau County marriage therapist can help you resolve the issues in your marriage and bring happiness back into your life....

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Dec 10, 2021

Divorce

Trusts and Divorce in New York

You most likely set up trusts as part of your comprehensive estate plan to transfer assets outside of probate. You may have revocable and/or irrevocable trusts in place. Now that you are considering or are filing for divorce, it is important to understand how the divorce may...

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Dec 6, 2021

High Net Worth Divorce

10 Best Couples Therapists in Manhattan

You didn’t enter your marriage lightly, and you don’t want to end your marriage without trying everything to make it work. If your marriage is in trouble, you are likely considering your options. Divorce is a last-ditch, final solution, but many marriages can be...

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Dec 3, 2021

High Net Worth Divorce

9 Top Marriage and Family Therapists in Westchester County

If your marriage has reached a breaking point, you may think divorce is your best option. Instead of walking away from your marriage, you may be able to save it by working with a marriage and family therapist in Westchester County. You’ve put a lot of time and effort into...

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Dec 1, 2021

High Net Worth Divorce

Divorce and Philanthropy

The Gates divorce and the impact on The Bill and Melinda Gates Foundation have highlighted the fact that when a high visibility couple divorces, it is not only their personal finances that are potentially impacted. Most wealthy couples are involved in charitable giving, serve on...

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Nov 22, 2021

Divorce

New York Passes New Law on Custody of Pets

Most people consider pets members of the family, so it can be distressing to learn divorce courts give very little consideration to pets. In most states, a pet is simply another piece of property to be divided between the divorcing couple. No consideration is given to the...

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Nov 17, 2021

High Net Worth Divorce

Why You Might Need a Divorce Coach

Your divorce attorney is a highly skilled professional who will guide you through the legal options and procedures involved in your divorce. Much of what your attorney handles is complex, applying intricate legal statutes and precedents to the ever-evolving facts of the case....

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Nov 15, 2021

Divorce

Financial Considerations in a Gray Divorce

Gray divorce is a term used to refer to divorce among people over age 50. Pew Research reports that the divorce rate among those over age 50 has doubled in the past three decades, and it has tripled for those over age 65. Divorce in this age group gives rise to significant...

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Nov 11, 2021

Divorce

Divorcing a Spouse Charged with a Crime

Huma Abedin’s new book, Both/And: A Life in Many Worlds, was recently released. One of the topics in the book is Abedin’s divorce from high profile former Congressman and former New York City mayoral candidate Anthony Weiner, who pled guilty to sexting an underage...

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Nov 9, 2021

High Net Worth Divorce

High-Earning Female Spouses & Divorce

In the past, female spouses almost always earned less than their husbands. Today, that is changing. A Harris Poll recently revealed that half of the women surveyed earn as much or more than their partner. This is excellent news for gender equality, but bad news when it comes to...

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Nov 8, 2021

Divorce

Service of Divorce Papers Need Not Be a Surprise

A recent news report alleges that when Dr. Dre’s (also known as Andre Young) wife, Nicole Young, recently filed new documents in their divorce, Dr. Dre was served while at the cemetery burying his grandmother. Dre and his wife filed for divorce in 2020. His wife is now...

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Nov 5, 2021

Divorce

How to Afford a Divorce Attorney if Your Spouse Has or Controls All the Money

If your spouse makes, controls, manages, and tracks all the money spent in your marriage, you may feel as though there is no way for you to get a divorce because you can’t access money to pay for an attorney, and you know that you absolutely have to have an attorney. It...

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Nov 1, 2021

Divorce

11 Ways to Prevent Your Divorce from Becoming a Crisis

While divorce is always an area of concern if you can keep it from becoming a crisis, you can avoid a lot of extra expense as well as emotional turmoil. Keeping a divorce at an elevated level of importance in your life is natural. When the situation becomes one that...

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Oct 28, 2021

International Divorce

International Divorce: What You Need To Know

If you or your spouse is not an American citizen and/or you were married in another country or live in another country, you may wonder what your options are when it comes to divorce. Must you divorce where you are living? Can you get a divorce in the U.S? These are important...

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Oct 26, 2021

Divorce

5 Stages of Divorce Grief

You may be familiar with the stages of grief that were first explained by Dr. Elizabeth Kübler-Ross in the context of losing a loved one or even facing one’s own death. Research has shown that divorce causes a similar grieving process and that it is healthy to...

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Oct 22, 2021

Divorce

3 Types of Cost in a Divorce Case

When the cost of divorce is discussed, it usually refers to the actual financial cost of attorney’s fees involved in the process. In fact, divorce has three distinct categories of cost that should be considered. 1. Emotional Cost Divorce is rated as the second-highest...

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Oct 19, 2021

Divorce

8 Things You Need to Know About Judges for Your Divorce Case

The judge is the person who will be making all the decisions in your litigated divorce case, so of course, you realize they hold a great deal of significance in your case and your life. However, there are probably quite a few things you might not be aware of that impact how...

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Oct 14, 2021

High Net Worth Divorce

10 Drawbacks of Alternative Dispute Resolution Divorce

Alternative dispute resolution (ADR) methods such as mediation, collaborative law, and arbitration are extremely popular methods for resolving a divorce. These methods can offer many benefits. They are often less expensive than going to trial, they encourage cooperation, they...

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Oct 11, 2021

Business Valuations

How to Protect Your Business in a Divorce

You’ve worked diligently to build a successful business. A divorce could mean your business must be divided or even possibly sold. After all the sweat equity and calculated decisions you’ve made to achieve success, letting go of your business is not an option. With...

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Oct 7, 2021

Domestic Violence

New York Protections for Male Domestic Violence Victims

While the stereotypical portrayal of domestic violence is a male perpetrator and a female victim, men are also victims of domestic violence. Domestic violence includes a wide range of behaviors and situations that occur between intimate partners. New York defines intimate...

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Oct 5, 2021

Domestic Violence

Experiencing Domestic Violence? Know Your Rights in New York

If you have been abused, think you have been abused, or believe someone you care about is being abused, you should understand that domestic violence abuse victims have many rights. One out of every four women experiences domestic abuse at some point in their lives. At the same...

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Oct 1, 2021

Domestic Violence

What Happens When Your Abuser Accuses You of Domestic Violence?

Domestic violence is painful and difficult for the entire family and has long-lasting impacts on everyone involved. Most domestic abuse cases involve an abuser and one or more victims. But other cases can be complicated, with parties who are accused of harming or threatening...

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Sep 22, 2021

Divorce

What is a Divorce Lawyer and When Do You Need One?

A divorce lawyer is technically any attorney who handles divorces. However, the level of experience and expertise can vary greatly. When looking for a divorce attorney, be sure to seek someone with years of experience handling complex divorces. You also are best served by...

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Sep 21, 2021

Divorce

9 Financial Mistakes to Avoid in Your Divorce

There is no question that divorce is a costly proposition. Divorce can be expensive and time-consuming. Your divorce need not include unreasonable legal fees though. Avoid these high-cost mistakes if you hope to keep your total costs to a minimum. Get Organized. Divorce...

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Sep 17, 2021

High Net Worth Divorce

Transmutation and Commingling of Separate Property

An important distinction in New York divorce law is the difference between separate property and marital property. Property that is determined to be separate is not divided as part of the divorce. Instead, it remains in the hands of the spouse who has ownership. Marital...

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Sep 13, 2021

Interstate Divorce

Divorce and Multi-Location Spouses

It is more common than ever before for couples and families to live in more than one place. Perhaps you have homes in several countries and divide your time amongst them. Or you may spend time at homes in two or more states. Another common scenario involves separation. You and...

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Sep 8, 2021

Divorce

7 Most Common Divorce Mistakes

Every person and every marriage is unique. However, many multifaceted divorces have several things in common: mistakes the litigants make. There’s no question that divorce can be painful, costly, and difficult. The nature of the process itself brings out common behavior...

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Sep 1, 2021

Business Valuations

Valuation of Professional Practices in New York Divorces

Divorce involves the division of a couple’s marital assets which frequently includes homes, vehicles, investments, securities, and other highly valued holdings. A professional practice is also an important asset that must be valued and divided in a New York divorce....

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Aug 30, 2021

High Net Worth Divorce

Incapacitation or Death of a Spouse During A Divorce

They say nothing is certain other than death and taxes, but while taxes are definitely part of the divorce process, death normally is not. If your spouse dies or becomes incapacitated during your divorce case, it certainly changes your path forward. There are important...

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Aug 27, 2021

High Net Worth Divorce

Managing Business and Charities Together After Divorce

Bill and Melinda Gates’s divorce announcement was headline news with much attention about how they would divide their fortune. The couple has not disclosed the details of the asset division, but it is reported that Melinda French Gates could receive more than $62 billion....

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Aug 23, 2021

High Net Worth Divorce

Division of Retirement Assets in New York Divorces

When it comes to major assets, obtaining the most favorable outcome requires that your attorney pays careful attention to each and every asset that is part of your case. Retirement assets are likely just one piece of your property that must be divided, but ensuring this asset is...

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Aug 19, 2021

Child Custody

Child Custody and Your Teenager in New York

Teenagers are often portrayed as difficult and defiant, but any parent of a teen knows that they are also a source of great joy. Parents of teens are just as concerned about custody orders as parents of younger children. However, no matter what the court decides, following a...

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Aug 17, 2021

High Net Worth Divorce

Cryptocurrency and Your Divorce

Cryptocurrency is a new type of currency. It is a digital asset that is bought, sold, and traded on specific online platforms. The value of cryptocurrency fluctuates and has an exchange rate just like other currencies. There are thousands of types of cryptocurrency, but the most...

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Aug 12, 2021

High Net Worth Divorce

Can Divorce Be Used To Protect Your Assets?

Divorce is usually thought of as draining on your assets because the couple’s marital assets are divided between the spouses, but there are some situations in which divorce can actually be used to protect your assets. By transferring most of a couple’s assets to one...

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Aug 9, 2021

High Net Worth Divorce

Spying on Your Spouse in a New York Divorce

If you are getting a divorce or thinking about filing for divorce, there are likely some moments when you have wondered if you could just record some of the things your spouse has said or done so you could have some proof. You also might think that if you could just access some...

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Aug 6, 2021

High Net Worth Divorce

8 Planning Considerations in a New York Divorce

A high-stakes divorce is a complex proceeding. Due to the large number of assets involved at the end of the marriage, there are significant considerations you should take into account when planning for your divorce. 1. Understand Which Assets Are Subject to Division When you...

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Aug 3, 2021

High Net Worth Divorce

Divorce and Debt

When a couple divorces in New York, the court divides all of their marital assets as part of the property distribution. The court also divides marital debt. Some couples divorce with a significant amount of debt included in the divorce. The amount of debt assigned to you in the...

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Jul 30, 2021

Child Custody

How to Modify Child Custody in New York

Custody orders are not meant to remain in place forever with no changes. Courts recognize that your life may change and that, almost certainly, your child’s needs will change as they age. A parenting plan that works for a two-year-old will definitely not work for a...

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Jul 27, 2021

High Net Worth Divorce

Why You Need a Lifestyle Analysis for Your Divorce

When a couple divorces in New York, one of the court’s goals is to ensure that both spouses can maintain a standard of living that is similar to that they enjoyed during the divorce and that assets are divided fairly. In reality, after the divorce, the amount of the assets...

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Jul 23, 2021

Child Custody

Parental Alienation: When the Other Parent Damages Your Relationship with...

If you are in a situation where the other parent has turned your child against you, you may feel helpless and worry that the relationship has been damaged beyond repair. Your child might act like they want nothing to do with you because the other parent has brainwashed them into...

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Jul 20, 2021

High Net Worth Divorce

Therapy Records and Divorce

Many people going through divorce seek help from a therapist. Since divorce is such a challenging life change, many attorneys generally recommend that their clients seek therapy to help them through it. It’s common knowledge that what you say in therapy is protected by...

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Jul 16, 2021

Child Custody

How Does Child Custody Work With Unmarried Parents?

According to the CDC, 40 percent of all births in the U.S. are to unmarried women. Marital status does not change parental rights; however, it does impact how those rights are determined, created, and enforced. Unmarried Birth In New York, when a child is born to an...

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Jul 13, 2021

Child Custody

Talking to Your Child About Divorce

One of the hardest parts of divorce is breaking the news to your children and helping them through the transitions that lie ahead. At a time when you are not certain how you personally are going to survive the divorce process, it can be challenging to support your child. When...

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Jul 9, 2021

High Net Worth Divorce

Estate Documents After Divorce

While some may wait until after their divorce is final, there are some steps that should be in play before to protect yourself and your family even if they can’t be formalized until a later date. It is important to re-evaluation of your wills, trusts, health care proxies,...

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Jul 6, 2021

High Net Worth Divorce

Does How You Spend Money During Marriage Impact Your Divorce?

Author Dan Brown’s wife thinks it does. Brown is the author of many popular novels, including The Da Vinci Code, which was also made into a Tom Hanks movie. Brown has earned millions from his successful books. He married his wife Blythe Brown in 1997 before he became...

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Jul 6, 2021

High Net Worth Divorce

Modifying Alimony After Divorce in New York

If your divorce case included spousal support (sometimes called spousal maintenance or alimony), you might wonder if there will ever be an opportunity to change or modify the support order or if you can ever end the maintenance payments before the originally ordered completion...

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Jun 29, 2021

High Net Worth Divorce

Spyware & Your Divorce - What You Should Know

Spyware are computer programs that record or “log” anything that’s typed on that computer. If spyware is installed on your computer, the person who installed it can see everywhere you go on the internet, every email you type, your passwords, every search you...

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Jun 25, 2021

High Net Worth Divorce

Dating & Divorce

Your marriage is ending because you aren’t happy. You hope to find happiness elsewhere, and the way to do that may be to date other people to find a new relationship. However, dating before you are divorced may not always be the best decision. Grounds for Divorce Most...

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Jun 21, 2021

High Net Worth Divorce

How to Get Your Spouse Out of the House Amidst a Divorce

Once you’ve made the decision that your marriage is over, you most likely want to get away from your spouse as quickly as possible. Ownership and occupancy of the marital home can be a hotly contested issue during a divorce. When you own and share the same home, you may...

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Jun 16, 2021

High Net Worth Divorce

Are You the Victim of Financial Abuse?

There is a lot of open discussion and awareness about domestic abuse, centering on physical and emotional abuse. What is not discussed as frequently is financial abuse. Financial abuse is the control of a couple’s finances by the abusing spouse so that the victim spouse...

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Jun 11, 2021

Business Valuations

Is Your Brand Up for Grabs in a Divorce?

Kristen Cavallari and Jay Cutler filed for divorce in April 2020. But it wasn’t until recently that retired NFL quarterback Cutler decided to try to stake a claim on Cavallari’s brand as part of the property division in the divorce. Actress Cavallari owns the...

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Jun 9, 2021

High Net Worth Divorce

How to Prepare for a Divorce Court Appearance

The time you spend in court for your divorce or family court case will likely be tense and worrisome. Even if you have been in court on previous occasions for business matters, divorce and family law cases are very different types of court appearances. There are a variety of...

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Jun 4, 2021

High Net Worth Divorce

Divorcing a Narcissist: 8 Tips for Dealing with a Vainglorious Spouse

According to the Mayo Clinic, a narcissist is a person who has “an inflated sense of their own importance, a deep need for excessive attention and admiration, troubled relationships, and a lack of empathy for others.” Divorce is challenging in any relationship, but...

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Jun 1, 2021

Child Custody

How to Track Child Visitation

Child custody and visitation is often one of the most hotly contested parts of a divorce. Once you have a temporary order in place, it is important that you carefully detail everything about your parenting plan. Documentation about this can be important evidence in your case. It...

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May 26, 2021

High Net Worth Divorce

Can I Get an Annulment?

One of the most common questions people ask about divorce is whether they qualify for an annulment. The most important fact to understand is that there are two types of annulments: a legal annulment and a religious annulment. Legal vs. Religious Annulments A legal annulment...

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May 26, 2021

High Net Worth Divorce

How to Choose Your Divorce Lawyer

Your divorce lawyer is the most important person in your life when you are going through a divorce. Because of this, it is crucial that you select an attorney who is not only experienced and knowledgeable, but is someone you trust, feel confident in, and can work with. Why...

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May 18, 2021

High Net Worth Divorce

16 Tips Of What Not to Do During Your Divorce

Your attorney will inform you about a variety of things you need to do during your divorce, such as gathering documents, tracking child visitation, and preparing for court appearances. However, there is also a long list of things you should not do during your divorce....

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May 10, 2021

High Net Worth Divorce

Why You Need to Meet with a Divorce Lawyer After Getting Engaged

After the initial excitement over a proposal, you and your fiancé will likely start to plan your wedding. You hope that your marriage will last many years, and for that to happen, it is important to give it deep thought and attention. Marriage is a legal contract with a...

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Apr 29, 2021

High Net Worth Divorce

Why You Should File for Divorce First

Since all states now have uncontested divorce, it might not seem that it matters who actually files for divorce. While it is true that uncontested divorce has leveled the playing field to some extent, there are still some advantages to be had if you are the spouse who files for...

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Apr 26, 2021

International Divorce

Son of Gas Billionaire Learns Hiding Assets Never Pays Off

Highly detailed financial matters in a divorce requiring an in-depth analysis of funds, assets, debts, and ownings. While it can be tempting to try to secrete some assets away from the view of the divorce court, this almost always fails, and the court does not take kindly to any...

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Apr 20, 2021

High Net Worth Divorce

A New Kind of Marital Property: Genetic Material

Divorce involves a complete division of all of a couple’s marital property. This often includes homes, vehicles, investments, retirement accounts, businesses, intellectual property, personal and household belongings, and items such as art, jewelry, and collectibles....

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Apr 15, 2021

High Net Worth Divorce

Violation of a Divorce Judgment in New York is Serious Business, Even for...

A New York judgment of divorce is a court order. Failing to comply with a court order can result in a finding of contempt of court, which can carry serious penalties. Every part of a judgment of divorce can be enforced, and every provision can carry a penalty if ignored. The...

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Apr 12, 2021

High Net Worth Divorce

Keeping a Divorce Out of Politics

Politics and divorce don’t mix well. This is something Stephen M. Ross is likely keeping in mind as the billionaire owner of the Miami Dolphins navigates a newly filed divorce from his wife of 18 years. Ross’s Influential Position Ross not only owns 95 percent of...

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Apr 8, 2021

International Divorce

Avenues to a Fast Divorce

In the first three-fourths of the 1900s, it was possible to travel to Reno for a “quickie” divorce – a divorce that could be handled immediately without any residency requirement or waiting period. Nevada and Reno, in particular, were known for fast, simple,...

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Apr 2, 2021

High Net Worth Divorce

How to Fire a Private Judge

To resolve your complex divorce you may choose to work with a private judge. While this option has many benefits, it can be challenging to actually fire a private judge once you consent to this type of dispute resolution. What is a Private Judge? When you face divorce, there...

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Mar 23, 2021

Child Custody

Children on the Witness Stand

It sounds like something from a movie – young children tearfully taking the witness stand during their parents’ divorce. Most of the time, this is something parents want to avoid whenever possible. But there are situations in which it may become necessary or useful...

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Feb 15, 2021

High Net Worth Divorce

7 Things You Should Consider When Buying a Home After Divorce

Moving on after a divorce may involve finding a new permanent living situation. If you are considering buying a new home and obtaining a mortgage, there are important factors to consider as you move forward with your life. 1. Complete Your Divorce Before you make a move to...

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Jan 22, 2021

Divorce

What is Common Law Marriage?

It is more and more common for couples to live together without getting married. According to a Pew Research study, 59 percent of American adults have cohabitated with a partner at some point (greater than the percent who have ever been married). Many people have heard of common...

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Jan 19, 2021

High Net Worth Divorce

Fast Track Your Divorce: 14 Ways to Help Your Divorce Move More Quickly

A divorce normally takes at least several months minimum and may drag on years (case in point: Brad Pitt and Angelina Jolie have been in divorce court since 2016 and their divorce is still not completed). Once you decide to get a divorce, you may feel an urgency to get the...

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Jan 15, 2021

High Net Worth Divorce

How Long Will My Divorce Take?

Once you begin the divorce process, your goal is to conclude it as quickly as possible. However, the length of your divorce isn’t entirely up to you, and for most people, it takes longer than they would like. To understand how long your divorce will take, it’s...

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Jan 7, 2021

High Net Worth Divorce

Am I Liable for My Ex-Spouses’ Unpaid Taxes?

There are various ways your ex might incur liability to the Internal Revenue Service (“IRS”) for unpaid taxes. They simply may have just not made payments or filed tax returns. Or, in the more likely scenario, there has been an audit, and it’s been determined...

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Dec 17, 2020

High Net Worth Divorce

19 Signs Your Spouse is Hiding Assets in Your Divorce

A full and complete disclosure of assets is necessary in order for a divorce to be fair. If your spouse is hiding assets, this will negatively impact your property award in the divorce because the court will not be aware of the hidden assets and will not be able to divide them...

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Dec 14, 2020

High Net Worth Divorce

New York Divorce and Discovery

The divorce process in New York has many steps. However, one of the most crucial steps is discovery. Once all the initial filings have been made, the case enters into the discovery phase. Governed by the Civil Practice Law and Rules (“CPLR”), this is a period of time...

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Dec 10, 2020

Divorce

126 Divorce Terms and Definitions To Know

Divorce is a very technical proceeding. There are many legal terms likely to be bandied about by your attorney and the court throughout the case. We’ve simplified these terms to help you begin to navigate the process more easily. Addendum. Something added to a court...

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Dec 8, 2020

High Net Worth Divorce

10 Strategic Things to Do Before You File for Divorce in New York

What happens during your divorce is determinative to the outcome of the case, of course, but what you do BEFORE you actually file for divorce is particularly crucial. A few steps will position you strategically so that you are more likely to get the results you want from your...

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Nov 23, 2020

High Net Worth Divorce

What Will a Divorce Attorney Ask Me? 21 Topics to Be Prepared to Discuss

When you schedule your first consultation with a divorce attorney, you do so with many questions you need answers to. The attorney will need a lot of information from you as well. To be as prepared as possible and to make the most of that first appointment, you should be able to...

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Nov 20, 2020

Child Custody

Child Support in a New Marriage

Marrying after the end of a previous relationship is a time of joy and celebration. However, if you have a child from a previous relationship, you may have questions about how the marriage will impact your child support situation. How Child Support is Calculated Child...

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Nov 17, 2020

High Net Worth Divorce

Does Adultery Affect Divorce in NY?

Many marriages involve adultery or cheating. If infidelity has occurred in your marriage, this is a fact your attorney must be informed about as it can have an impact on several aspects of your divorce. Adultery as Grounds for Divorce In the past, you could only get a...

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Oct 30, 2020

Nuptial Pacts

Prenuptial Agreement FAQs - What to Ask Your Attorney

If you're planning to get married, having your attorney draft a prenuptial agreement is a wise decision. The prenuptial agreement will protect both yourself and your soon-to-be spouse. The document will clarify all of your responsibilities to each other, and your rights should...

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Oct 28, 2020

High Net Worth Divorce

Complex Divorce? Some Settlements Include Attorney Fees Covered by Future...

A complex divorce typically involves the division of a significant amount of assets and debts. Due to this, your divorce can take a considerable amount of time to be finalized. When other factors, such as spousal maintenance (alimony), child custody, and child support, are added...

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Oct 26, 2020

High Net Worth Divorce

What You Need to Know About Divorce and Life Insurance

A divorce has important implications for the life insurance policies held by you and your spouse. Not only does divorce affect the policies currently in your portfolio, but the court may also impose requirements for additional life insurance as part of your case. Changing...

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Oct 23, 2020

High Net Worth Divorce

20 Biggest Celebrity Divorces of 2020

2020 has been a challenging year in many respects. The stress the year has brought is evident by the number of celebrity divorces that have occurred. Here are the top 20 divorces of the year. 1. Tracy Morgan and Megan Wollover After five years of marriage, comedian...

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Oct 15, 2020

Domestic Violence

October is Domestic Violence Awareness Month - Understanding The Facts &...

Trigger Warning: Domestic Violence October is Domestic Violence Awareness Month. Domestic violence is more prevalent than most people realize. According to the data from hotline.org, each minute in the United States, 24 people become victims of domestic violence, including...

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Oct 13, 2020

High Net Worth Divorce

12 Tips to Prepare for Your Divorce’s Pet Custody Case

Our pets are beloved family members and the thought of never seeing your cat or dog again after a divorce is probably unthinkable. In most states though, the law does not provide clear guidance for deciding pet custody, and instead, the courts treat a pet like they do any other...

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Oct 8, 2020

Spousal Agreements

My Spouse Stopped Paying My Alimony. Now What?

It's not uncommon for a spouse to stop making their court-ordered alimony or spousal support payments. Sometimes it's an oversight that is easily remedied. In other instances, it's intentional. When you rely on this money for your household budget, it's a major concern you need...

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Oct 5, 2020

High Net Worth Divorce

Broken Promises: Enforcement of Divorce Judgments

You are divorced at long last, finally, receive your judgment of divorce, and are ready to move forward with your life. But then your spouse violates one or more of the terms of your decree. You have very clear rights should this happen and are entitled to enforcement,...

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Oct 2, 2020

High Net Worth Divorce

Critical Documents to Assemble Before Hiring a Divorce Lawyer

Once you've decided to file for divorce or your spouse has filed for divorce, you're likely in a hurry to obtain counsel to represent you in the case. When you first talk to an attorney you are considering hiring, they need information about your case and your situation to be...

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Sep 25, 2020

High Net Worth Divorce

How to Get Spousal Support Before Your Divorce Is Final

Divorce is not a fast process. From the time you first meet with your lawyer to the day the judge signs your judgment of divorce could easily be one to two years. Divorces amongst the wealthy are particularly complex, requiring careful identification and valuation of myriad...

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Sep 21, 2020

Nuptial Pacts

Renegotiating a Prenuptial Agreement

If you and your spouse entered into a prenuptial or premarital agreement, you might feel confident that you are both protected should you ever face divorce. A prenuptial agreement is an essential document for a couple with numerous, complex assets. However, a prenuptial...

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Sep 16, 2020

Domestic Violence

Same-Sex Couples and Domestic Violence

Domestic violence is an issue that can affect anyone. It impacts people regardless of financial situation, geographical location, education, gender, or sexuality. Unfortunately, in some areas of the United States, same-sex couples do not receive equal treatment under the law...

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Sep 10, 2020

Nuptial Pacts

How Your Prenuptial Agreement Impacts What You Inherit

A prenuptial agreement determines your financial and property rights should you and your spouse ever get a divorce. However, your prenuptial agreement can actually have more broad implications than merely how you will divide your marital assets in the event of a divorce. A...

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Sep 7, 2020

Same Sex Divorce

Same-Sex Divorce and Asset Division

An important and complex aspect of any divorce is the distribution of assets and debts the couple has accumulated. When the couple is a same-sex couple who have been together since before same sex marriage was legally recognized, this complex process becomes particularly...

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Sep 2, 2020

Child Custody

Yours, Mine, and Ours: Complex Custody Arrangements

Creating a fair parenting plan for custody of the children of your marriage is of the utmost priority in your divorce. Today, many families include half-siblings and step-siblings. You and your spouse may have children together, and you each may have children from previous...

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Sep 1, 2020

High Net Worth Divorce

Why You Should Never Be Your Own Lawyer (Especially in Divorce)

Halle Berry recently decided to represent herself in her divorce from Oliver Martinez. The couple married in 2013 and separated in 2015. News outlets reported their divorce was finalized in 2016. However, by 2018, it was reported that a final parenting plan had never been filed...

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Aug 20, 2020

Business Valuations

Business Goodwill and Divorce

Asset division is at the heart of the matter in the financial segment of a divorce. The distribution of marital assets between the spouses largely determines their financial stability and economic future. Businesses are some of the most pivotal assets considered by the...

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Aug 17, 2020

Business Valuations

Double-Dipping and Business Valuation in a Divorce

The division of assets in a divorce is crucial to the financial futures of the spouses. A fair division of assets is required under New York state equitable distribution law. For many couples, a professional license or practice (think doctor, lawyer, or dentist) or a business is...

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Aug 14, 2020

Business Valuations

Business Buyouts and Divorce

Divorce requires a detailed valuation of all of your assets, followed by a comprehensive division of the assets. Marital assets are divided in a way that is fair but necessarily equal because New York state uses the equitable distribution method of asset division. When you and...

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Aug 12, 2020

High Net Worth Divorce

Jolie-Pitt Case Highlights Potential Problems with Private Judges

Recently we talked about how private judges can offer a way to keep your divorce proceeding completely private. When you and your spouse retain a retired judge to act as an arbitrator for your divorce, your case becomes completely private--only the arbitrated settlement...

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Aug 11, 2020

Child Custody

Child Custody and Divorce in a Same-Sex Divorce

Since same-sex marriage was recognized in individual states and then eventually made the law of the land by the Supreme Court in the 2015 Obergefell decision, same-sex couples were finally given the same rights as heterosexual couples when it comes to marriage, divorce, and...

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Aug 5, 2020

High Net Worth Divorce

Phantom and Imputed Income in Divorce

Income plays a significant role in divorce proceedings. The parties' incomes are central to determinations about child support and spousal support (alimony). Complete financial disclosure is required as part of the divorce proceedings and this disclosure includes income. The...

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Aug 3, 2020

High Net Worth Divorce

Divorce in the Spotlight

Divorce is one of the most difficult things to face in your life. On the Life Change Index that ranks common stressors in life, divorce is the second highest item, falling only beneath the death of a spouse. Managing divorce is challenging for anyone, but it becomes particularly...

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Jul 28, 2020

Nuptial Pacts

Why You Need a Postnuptial Agreement

You got married without a prenuptial agreement. Everything in your marriage is going well, so why would you need a postnuptial agreement? A postnuptial agreement can offer security and clarity by establishing an understanding of how assets will be handled in a divorce. There are...

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Jul 24, 2020

Child Custody

How Does the Court Consider Your Child's Opinion in a Custody Case?...

The custody case may be the most contentious part of your divorce. Emotions run high because your children are so important to you and because the nature of this portion of the case is so deeply personal. It hinges on your individual behavior, connections, and lifestyle. It can...

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Jul 21, 2020

Divorce

When to Fire Your Divorce Attorney

You have specific goals for your divorce, and you must have a lawyer who is prepared to achieve your objectives and will fight vigorously to attain them. You have one case and one opportunity to convince the court that your position is the correct one. If you aren't pleased with...

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Jul 15, 2020

High Net Worth Divorce

Why Settling Your Divorce Might Be Your Biggest Mistake Ever

There is no question that settling a divorce can offer extensive benefits. The sooner a case is over; the sooner everyone can move on with their lives and build their own futures. Settlement generally results in lower legal fees, because there are fewer courtroom appearances....

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Jul 13, 2020

Interstate Divorce

Interstate Divorce & Child Custody: Where Is Your Case Heard if You and Your...

If you and the other parent are separated or never lived together, you may find yourselves living in two different states. When parents live in two different states, determining which state will hear the custody case is a significant decision. It is incredibly inconvenient to...

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Jul 10, 2020

Interstate Divorce

Why Where You Live Matters for Your Divorce

How your marital assets are divided in your divorce hinges on many things, but the first and most important issue is where you live. Each state has its own laws about divorce. States fall into two groups when it comes to property division laws: community property states and...

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Jul 7, 2020

Child Custody

Strategies to Win Your Custody Case

There is nothing more emotional in a divorce case than the issue of custody of the children of the marriage. Getting the custody outcome you want takes careful strategizing and planning with your attorney. Convincing the judge that your position about custody is correct requires...

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Jul 6, 2020

High Net Worth Divorce

Dr. Dre's Wife Files for Divorce

Music star Dr. Dre's 24-year marriage is ending in divorce. His wife Nicole Young, age 50, has filed for divorce in Los Angeles County Superior Court via her celebrity attorney Samantha Spector. Dr. Dre, age 55, whose given name is Andre Young, is best known for being a member...

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Jul 3, 2020

High Net Worth Divorce

Marital Waste and Property Division in Your Divorce

New York courts divide marital assets in a divorce in a fair way but necessarily a completely equal split. This property method division is called equitable distribution, and its goal is to create a division of marital assets that is fair under the specific circumstances of each...

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Jul 2, 2020

Child Custody

Child Custody and Religion in NYC

Child custody is often one of the most hotly contested aspects of a divorce. Parents frequently disagree about where the child should primarily live, whether one parent should have sole decision-making authority, and also about major decisions in the child's life such as...

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Jun 22, 2020

Domestic Violence

What You Need to Know About New York State Protective Orders

Orders of protection (sometimes called restraining orders) can be issued in New York as part of a divorce or custody case, or simply on their own. These types of orders are issued to protect family members from violence and crimes like stalking or harassment. Domestic violence...

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Jun 19, 2020

Child Custody

Why You Should Consider Parallel Parenting in Your Divorce

If your divorce is marked by an intractable high-conflict relationship, it may simply be impossible for you and your spouse to co-parent your children at this point. Instead, a solution called parallel parenting may be the best option for you. What is Parallel...

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Jun 16, 2020

Child Custody

Child Custody and Relocation

Relocation is not an uncommon request in a New York custody case, either during a divorce or years later. If you are the custodial parent, you must either reach an agreement with the other parent about relocation or receive permission from the court to move away from the area...

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Jun 12, 2020

Child Custody

Deciding Factors in Your New York Child Custody Case

The custody portion of your divorce case will be determined based on what the court finds to be in the best interests of the child. "Best interests" is a broad, all-encompassing term. There are a variety of factors the court may consider, and many more it is likely to consider....

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Jun 8, 2020

International Divorce

The Tax Implications of Divorce

Your divorce involves a significant amount of asset transfers. New York state uses the doctrine of equitable distribution to determine how assets will be shared in a divorce. Property is distributed in a way that is fair but not necessarily an equal split. When property is...

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Jun 3, 2020

High Net Worth Divorce

Property Valuation Approaches for Your Divorce

Property division is a crucial portion of your divorce. There are three key components to property division. First, all marital assets must be located and fully identified. Next, each asset must be assigned a value. Lastly, once the value has been determined, the assets are...

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May 26, 2020

Divorce

The 4-1-1 on Common Law Divorce

It is increasingly common for couples to cohabit without marriage paperwork. You can share a household, finances, real property, debt, assets, and children without getting a marriage license. However, when your relationship ends, dissolving the ties that bind you can be more...

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May 22, 2020

High Net Worth Divorce

11 Post-Divorce Actions to Take To Start Your New Life

Once your divorce judgment is issued your marriage is legally over. However, there are still important steps to take to realign your life with your new status and set yourself up for success. Here are 11 areas to take immediate action for your new life: Estate...

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May 18, 2020

Child Custody

10 Rules for Protecting Kids in High Conflict Divorce

There's a lot at stake in a high conflict, high asset divorce, but most parents agree that the most important thing is their relationship with their children. However, keeping your kids out of the fray and making sure their needs are protected is key. Here are some best...

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May 13, 2020

High Net Worth Divorce

How Equitable Distribution Impacts Your NY Divorce

Most of the legal work and disputes in a high conflict divorce deal with asset division. Enumerating, valuing, and dividing your assets are key components of your divorce. You and your attorney will need to maximize your distribution of assets, but the distribution standards and...

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May 4, 2020

Child Custody

What You Need to Know About Child Support in New York City Divorces

Child support payments are designed to ensure that once the divorce is completed that your children are able to maintain the lifestyle they were accustomed to before the divorce. Like most states, New York uses a formula that takes into account the income of both parents and the...

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Apr 28, 2020

Child Custody

What You Need to Know About New York City Custody Cases

No matter where you live, child custody is a critical issue in your divorce. All of the issues and concerns present in a custody case are magnified in New York City high net worth families. In addition to this, there are unique and important issues that arise for the high net...

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Apr 21, 2020

High Net Worth Divorce

Is Your Spouse Hiding Assets in Your High Net Worth Divorce?

Full disclosure of all financial information is a required and essential part of any divorce, but this is particularly crucial in a high net worth divorce. When a spouse realizes that so much of their future hinges on how marital assets are divided, they may work to conceal or...

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Apr 9, 2020

High Net Worth Divorce

10 Signs Your Divorce is Going to Be High Conflict

Divorce is difficult even under the best of circumstances. However, some divorces become high conflict divorces, in which the challenges become more extensive and even more formidable, requiring highly specific precision legal skills to navigate them. These are the signs that...

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Apr 7, 2020

Child Custody

10 Custody Coping Tips During Corona

Living with a custody order is challenging in normal circumstances, but add in a worldwide pandemic, and things get complicated. Follow these tips to keep things safe and on an even keel for everyone in the family. Safety first. The most important thing in this situation...

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Apr 6, 2020

Domestic Violence

Shut in with your Abuser? Here's How to Get Help

Like everyone else in New York state, you've been told to stay home due to COVID-19. Non-essential businesses and schools are closed, and even playgrounds have been shut down, as the governor warns people not to crowd into parks. You're isolated from your friends, your extended...

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Apr 6, 2020

Child Custody

NY Child Custody Evaluation - An Inside Look

High conflict custody cases usually involve child custody evaluation. These evaluations are usually done by licensed therapists who have experience working with children in divorce and custody situations. The evaluators are usually psychologists, social workers, or family...

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Apr 3, 2020

High Net Worth Divorce

Using Adultery as Grounds for Your Divorce May Provide You with a Strategic...

The grounds for your divorce might not be something you've given any thought to because you assume you will have a no-fault divorce. In the past, you could only get a divorce if you could prove adultery or abandonment, among other grounds. You had to have an actual reason (in...

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Mar 31, 2020

High Net Worth Divorce

Top 10 Mistakes to Avoid in a High-Net-Worth Divorce

Divorce is challenging for anyone, but there are special considerations in your divorce because of your high net worth. The advice and information considered standard for divorce cases does not apply to clients in this unique situation. Protect yourself by avoiding these common...

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Mar 25, 2020

Divorce

Divorce Rates Rise with Coronavirus Isolation; Divorce Court Cases Experience...

The coronavirus pandemic is forcing people around the world to stay at home for weeks. For many families, this alteration in their daily routines may have long-lasting consequences. Officials in China have observed a significant spike in the number of couples applying for...

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Mar 23, 2020

Business Valuations

Key to Divorce Success? An Appraiser

A high net worth divorce comes down to numbers. Your property division will necessarily be financially complex, detailed, and intricate. Not only are there a significant number of assets to distribute, but every asset that is divided or distributed must be valued. Because of...

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Mar 13, 2020

Nuptial Pacts

Are You Stuck with Your Prenup?

When you got married, you took the solid advice of your peers and created a prenup. The idea was that this would cut down on the fighting and legal wrangling if your marriage ended in divorce and protect both of you. Now that the worst scenario has happened and you are getting a...

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Mar 2, 2020

High Net Worth Divorce

Insider Tip for Low Visibility in High Visibility New York Divorce: Private...

New York divorces are big news when big names are involved. The Rudy Giuliani/Judith Nathan divorce has entertained the masses (and sold copies of tabloids), every expensive and humiliating step of the way. New York divorce trials are open and accessible to anyone who wants...

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Nov 15, 2019

Child Custody

What You Need to Know About Child Custody and International Issues

In a world where many families travel frequently and may have homes in several countries, international travel can play a significant role in your custody case. Additionally, you may have concerns about the other parent taking your child to another country and not returning. ...

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Oct 7, 2019

Same Sex Divorce

The Challenges of LGBTQ Family Law in New York and Beyond

Ever since the Marriage Equality Act was enacted in our state in 2011, there has been same-sex marriage in New York and, inevitably, also same-sex divorce. Same-sex couples are faced with the same problems in terms of family and divorce law that arise in opposite-sex divorces,...

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Sep 30, 2019

International Divorce

Egypt Drafts The World’s First Mandatory Divorce Insurance Law

Alimony insurance is not new. Insurers in many countries, including the U.S., already offer this type of policy. However, Egypt may become the first country to make it mandatory. Specifically, the proposed legislation would require husbands to pay a compulsory divorce insurance...

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Aug 7, 2019

High Net Worth Divorce

How New York Handles Crypto Assets in Divorce

As Bitcoin’s popularity increases daily, more and more New Yorkers are having to seek out and split up crypto assets in divorce – tasks that become problematic without the right approach. By 2030, analysts estimate the cryptocurrency business market value will...

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Apr 23, 2019

Divorce

Remarriage after Divorce: 10 Things You Need to Know About Remarriage After...

Getting a divorce? Will you remarry? Should you? What are the remarriage after divorce statistics? Here is remarriage by the numbers and what we have learned at Bikel Law and share with our divorcing clients. Your odds of getting remarried are high. While your first...

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Mar 15, 2019

High Net Worth Divorce

Dirty Laundry: What Judith Giuliani Might Reveal in Her Upcoming Tell-All...

In a court appearance that has been described as a “circus,” Judith Nathan Giuliani and her soon-to-be-ex Rudy Giuliani gave quite the spectacle in their last divorce hearing in New York. “I have no desire to remain married to her for one more day,”...

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Mar 10, 2019

High Net Worth Divorce

Six-Figure Fashions, Diamonds & Yachts: Libbie Mugrabi’s Fight to...

Divorcing without a prenup is never easy for high-net-worth individuals, but in the case of billionaires, the end of marital bliss can turn into a battle of cosmic dimensions. Libbie Mugrabi was married to art mogul David Mugrabi for well over a decade. They have two children...

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Mar 6, 2019

High Net Worth Divorce

The Most Expensive Assets Ever Disputed in Divorce

From private jets to diamond rings, exotic pets, and luxury yachts, high-net-worth couples often play tug of war with very unusual assets. Jewelry can be easy to hide, and the same is true of accounts in faraway tax havens. Playing down the value of complex assets is another...

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Mar 6, 2019

High Net Worth Divorce

What do the Giuliani and the Matt Lauer divorce have in common? You’ll...

One of the main questions people are asking right now is “Is Matt Lauer still married?” Divorcing celebrities and eight-figure earners like Lauer is seldom quick and hassle-free. Proceedings in Hollywood splits have been known to take over a decade, and the sexual...

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Jan 18, 2019

High Net Worth Divorce

8 Deadly Divorce Mistakes New York Family Lawyers See Too Often

When the dream of staying married “Till Death Do You Part” has gone by the wayside, we all move to the next ideal dream, which is an entirely amicable divorce in which both parties are fully accommodating to the other and both parties come out of the legal process...

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Dec 20, 2018

High Net Worth Divorce

Divorce and the New Tax Law

Divorce lawyers have been overwhelmed by clients hoping to finalize their divorces by December 31, 2018, and with good reason. If you’re divorcing in 2019, you’re facing a different set of laws than those who chose to end their marriages in previous years. The Tax...

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Dec 5, 2018

High Net Worth Divorce

Faris vs. Pratt: Love is Dead?

Chris Pratt and Anna Faris, like many celebrities, handled their divorce through a private judge to avoid unwanted publicity. While Anna Faris recalls tweeting about the ‘death’ of love after the couple made this difficult decision, I feel that the celebs, in...

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Nov 27, 2018

High Net Worth Divorce

High-Net-Worth Divorces Affected by Tax Law Changes

High-net-worth divorces are complex, as they often involve share accounts, investments, prime real estate, and other complex assets. The Tax Cuts and Jobs Act of 2017 has introduced changes that will significantly impact the wealthily divorced, and it will become a reality after...

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Nov 26, 2018

High Net Worth Divorce

The Biggest Divorces of the 1990s

Love is great -- until it isn’t anymore. The 1990s saw many celebrities and millionaires fall in and out of love, with their multi-million, and sometimes multi-billion-dollar settlements abundantly discussed in the tabloids. From prenups to infidelity and valuable stock...

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Oct 16, 2018

Divorce

Decline in Divorce Rate Due to Millennials

Divorce rates are dropping dramatically. From 2008 to 2016, the number of couples filing for divorce declined by an incredible 18 percent. It’s not older couples who are fueling the trend since the divorce numbers for those aged 45 and over are actually rising. It’s...

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Oct 15, 2018

High Net Worth Divorce

A Fight to Remember: The Top 5 Nastiest Divorces of the 2010s

There’s no limit to how low the rich and powerful will stoop when in the throes of a multi-million-dollar (or billion-dollar) divorce battle. Whether it’s a celebrity smearing a spouse through the tabloids, an investment titan sullying a mansion with fart spray, or...

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Sep 26, 2018

Business Valuations

The Art in Divorce

We all know divorce can get messy, but when high dollar art collections are involved, messy may be an understatement. Just look at David and Libbie Mugrabi. Filing for divorce in late July, the couple is reportedly tussling over their $5 billion art collection – starring...

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Aug 21, 2018

Divorce

How to Understand and Manage a Late in Life Divorce

Late in life divorce, also known as a “gray divorce”, is rapidly increasing in frequency. Based on research from The Pew Institute, out of Washington D.C., divorce between individuals age 50 years and older has doubled since the 1990’s. These rates are...

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Aug 20, 2018

Divorce

Pet Custody Battles: 5 Tips for Keeping the Family Pet

In the ugly divorce between billionaire Bill Gross and his ex-wife Sue, nothing was left sacred, not even the cats. Amid allegations of a stolen Picasso, a home sullied with fart spray, and an “army of spies,” the investment titan fought bitterly for custody of the...

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Aug 6, 2018

Divorce

Divorce: What is your Spouse's Attorney Telling Him?

If you are reading this article, you are either in the preparatory stages of filing for divorce and planning ahead (highly recommended), or your divorce process is not going as smoothly or quickly as you had hoped, and you are looking to keep the wheels from falling off of the...

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Aug 4, 2018

Divorce

Living your Best Life During and Post-Divorce

Whether you have filed for divorce or are the recipient of the filing, there are a host of questions you likely have, perhaps anxiety over what the process entails, and often a profound sense of loss. Even when there is animosity between the divorcing spouses, there may not...

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Jul 25, 2018

High Net Worth Divorce

So Matt Lauer is reportedly, “furious” over a potential $50M...

Unless you have been on an extended hiatus from all media, the impending divorce of one-time NBC stalwart, Matt Lauer, and his wife, Annette Roque Lauer, has been a recurring presence in your media feed. In summary, the twenty-year veteran of the oft first place, dominating...

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Jul 10, 2018

High Net Worth Divorce

Thinking About Divorce? There’s A Financial Reason Why You Should File...

If you’ve been contemplating getting a divorce, consider this a sign. I can’t speak to any of your marital issues. But I can tell you that if you’re the breadwinner in your relationship, you might face a bigger financial burden if you get divorced in 2019 or...

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Jul 9, 2018

High Net Worth Divorce

Divorce Litigation in New York Splits – When is this your best option?

Most parties can resolve their divorce by agreement outside of a New York court, but there are many situations where litigating (going to court and the judge makes the final decision) the divorce issues can be the best option for a New York resident. This is especially true...

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Jul 6, 2018

High Net Worth Divorce

Getting Divorced and Own a Business? What You Need to Know

When you own a business and are served with divorce papers, what’s the first thing to do, other than find a good lawyer? Divorce is hard enough when you are an employee, but when you’re the boss, the discovery process (both sides gathering information through demand)...

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Jul 5, 2018

Divorce

Remarriage After Divorce–Will It Work For You?

Everyone has heard the statistic that second and third marriages are more likely to end in divorce. Bowling Green State University’s Center for Family and Marriage Research found that 60% of couples on marriage number two and 65% of couples on their third marriage...

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Jun 21, 2018

Divorce

4 Surprising Things You CAN’T Do Mid-Divorce

If you’re in the middle of a divorce, you’re probably ready to move on and establish your place as a single person. Hashing out things like finances, custody, and living arrangements can make it feel like your life is in limbo. It’s best to just barge ahead...

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Jun 16, 2018

Divorce

Gray Divorce? Tips, Pitfalls & Challenges - Legal & Practical Considerations

The Netflix series Frankie and Grace managed to spin a well-known story: What happens when you file for divorce after decades of marriage, when your children are adults and you yourself are approaching retirement? Of course, not all divorcees go on to marry someone of the...

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May 28, 2018

High Net Worth Divorce

All Giuiliani’s Wives – Love and Loathing in New York City

Former NYC Mayor, now latest Trump defender, Rudy Giuliani’s nasty divorce from his third wife Judith is not the first scandalous split in the politician’s life. His previous marriages, to an alleged second cousin and to an actress - TV personality, also gave the...

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Mar 24, 2018

High Net Worth Divorce

8 Items I Covet at Russell Crowe’s Upcoming Divorce Auction

Over the years, I have handled countless high-net-worth, high-conflict divorces. On many occasions, some of the assets to be divided were so unique, that we had to bring in a myriad of expert valuators, antique connoisseurs, and art scholars to establish how much a particular...

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Mar 14, 2018

High Net Worth Divorce

Getting by on a $100 million net worth in NYC

Comfortable family living on a net worth of $100 million sounds totally doable - unless you live in NYC and as a divorce lawyer for Manhattanites I can (well almost) appreciate their struggle to maintain a New York City lifestyle. So, is $100 million enough? Maybe not. In...

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Feb 16, 2018

Divorce

Of Mice and Men and Marriage

National Geographic recently released a striking article entitled “Drinking Alone Leads to Divorce – In Rodents”. Needless to say, it’s certainly an attention grabber, but is there science behind the article that is meaningful for humans? Do we have...

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Feb 6, 2018

High Net Worth Divorce

Celebrity Harassers' Wives: Best Moves Amidst Crisis

Divorce can be a messy experience – especially when the husband is facing harassment charges. If the topic of divorce comes up, how are the wives of Matt Lauer, Harvey Weinstein and Garrison Keillor going to safeguard their part of the marital estate? “It’s...

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Jan 30, 2018

High Net Worth Divorce

New York City Divorce: New Yorkers are Different – Rules & Realities

New York City divorce is anything but typical. With its cultural diversity, wide socioeconomic range and distinct occupations, New York City divorce is in a realm of its own. High net worth New York City families face challenging asset valuation and equitable distribution...

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