Before the Court can issue a custody determination based upon the child’s best interest, the Court must have the authority to intervene. This legal principle is referred to as jurisdiction. In custody determinations, the Court must possess jurisdiction in order to make a permanent, temporary, initial, or modification order of…
The resolution of a divorce action, whether by trial or settlement, can take months or sometimes years. Understandably, after receiving the judgment of divorce, many people are less than eager to seek yet another order from the Court. However, if you are entitled to share in your (former) spouse’s retirement…
The high cost of divorce is common knowledge. Urban legends abound of couples who fight so long and hard that they ultimately lose the assets they are fighting over to the payment of lawyer’s fees. The fear that a divorce litigation will result in financial calamity motivates many people to…
A slate of new domestic relations laws were signed into law by Governor Paterson on August 15, 2010. The amendments to the state Domestic Relations Law make it easier to get a divorce, and make it easier for a less monied spouse to obtain temporary maintenance and payment of attorney’s…
Everyone loves a surprise ending, right? Maybe. Just don’t ask the spouse who owned a home prior to marriage, and expected she would be able to keep the home as her separate property in the divorce, only to find out that her husband has an interest in the value of…
The settlement of a divorce case, like the settlement of any dispute, usually involves compromises by both parties. Although neither party gets everything they want in the settlement of divorce, it is sometimes preferred to a trial where the cost of further proceedings — both emotional and financial — can…
There is no way to split a child in two; and yet, if there was, it would surely be in his/her best interest to become two halves. For many parents faced with being without their child when a former spouse meets “Mr./Ms. Right” or is otherwise compelled to relocate, this…
For most people, their most valuable asset is their home. If your home was purchased during your marriage and is titled jointly in the names of you and your spouse, dividing this asset in a divorce would seem to be a simple matter – sell it and split the proceeds…
The idea that there must be legal distinctions for practical differences has always carried with it a related, if somewhat less popular idea — where there are no practical differences, there should be no legal distinction. And yet legal distinctions abound when it comes to the treatment in a divorce…
Fortunately or unfortunately, married couples often wait until they can no longer stand the sight of each other before calling it quits. But “quits” is just the beginning of their divorce, a process that can last from several months to the better part of a year or more, depending on…
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