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Preparing for a Child Custody Case in New York

Child custody could be the most contentious issue you have to litigate in your divorce, so if you have to go to court, you must be thoroughly prepared. Courts decide child custody issues based on what they deem to be the “best interest of the child,” so it’s incumbent on you to appear as the Read More

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Understanding Counsel Fee Awards in New York Divorce Cases

If you are a dependent spouse, with little or no personal income, you may wonder how you can ever afford divorce representation. The short answer is simply to make your spouse pay for it. Under New York Domestic Relations Law § 237,”the court may direct either spouse . . . to pay . . . Read More

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No-Fault Divorce in New York

In 2010, New York became the last state in the country to pass a no-fault divorce law, allowing spouses to file for a marital dissolution simply by asserting that their relationship was “irretrievably broken.” Prior to passage of the new law, petitioners for divorce would have to allege grounds, such as: Cruel and inhuman treatment Read More

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New York’s New Spousal Support Law Corrects Problems of 2010

New York’s no-fault divorce law of 2010 introduced guidelines for temporary spousal maintenance that were meant to standardize awards, but those guidelines created unintended consequences that the legislature has now acted to correct. According to the New York Law Journal, by relying on disparity of income rather than need, the 2010 guidelines often produced a Read More

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