Separation Agreement: Under New York law, a married couple can become legally separated if they have both signed a written agreement. A separation agreement typically includes the following topics: child custody, child support, visitation (parenting time), spousal support, language or provisions relating to future assets or debt and plan for living arrangements (such as who lives [read more...]

There are several grounds or legal reasons to get divorced in New York (as we have previously discussed HERE) and one of them is Adultery. What is Adultery? Adultery is defined in NY as a voluntary sexual act between the spouse and someone other than the spouse. What type of proof is required to prove adultery? [read more...]

As an experienced Syracuse Divorce Lawyer for over 11 years, I know first hand all of the details involved with divorce litigation. Typically, the first formal court appearance is the preliminary conference. At the preliminary conference, the court personnel or the judge (depending on the county), creates a scheduling order. A scheduling order details numerous future [read more...]

The difference between mediation and hiring a divorce attorney is significant. In summary, a divorce attorney can file and obtain a divorce in New York, while a mediator cannot. Mediation involves hiring a mediator to meet with both parties (usually simultaneously) during which the mediator attempts to bring the parties to a compromise. The mediator, [read more...]

Under New York law, a married couple can enter into a written settlement agreement that will essentially determine all relevant issues in a divorce and therefore the court will not have to decide for the parties certain issues. The required issues to address include: Legal Grounds- Click HERE for more information. Child Custody and Visitation [read more...]

What is the difference between a legal separation and a divorce in NY? Which one should they choose? In general, the differences between the two are as follows: 1. Legal Separation: is typically only a signed separation agreement between the spouses. There is no requirement that a court is actually involved. It is recommended that [read more...]

What is Custody? Custody is the parental responsibility of a child. There are two types of Custody: Legal Custody: The right and responsibility to make decisions for a child. Physical Custody: The living location for a child. What is Visitation? Parenting time between a child and a parent. Typically, the parent who does not have [read more...]

The Court will take your gross income and subtract Medicare and Social Security taxes. These are commonly known as “FICA” taxes. The Court does not subtract Federal or New York State income tax. Depending on the number of your children, the Court will follow these guidelines in determining your child support obligation. Please click on [read more...]

In an uncontested divorce, my office usually prepares the necessary divorce documents in about 2 business days. Next, the divorce documents are submitted to the appropriate court. The final divorce can take a few weeks to be ordered by a judge. Sometimes it can take a little longer (4-8 weeks) if the court has a [read more...]

An Annulment is matrimonial action to declare a marriage null and void. There are 2 categories of annulments: 1) The marriage is void at the time it occurs: a) For example: a father-daughter, mother-son or uncle-niece marriage. b) Someone already married getting married again. 2) The marriage is voidable due to specific reasons: Some Examples: [read more...]

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