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New Rules – Temporary and Post-Divorce Maintenance

In 2015, the New York Legislature enacted new guidelines to calculate temporary and post-divorce maintenance. If you are a candidate for maintenance (spousal support), the guidelines may strongly impact your financial future. Temporary and post-divorce maintenance...

Child Custody and the “Lincoln” Hearing

In a custody dispute, judges do not wish to place a child in the position of having to openly “choose” between parents. However, where a child’s testimony is necessary, the child may be questioned by the judge with the child’s attorney present but in the absence of...

Recovering Pre-Marital Contributions in a Divorce

When there is a change in marital status by reason of divorce or annulment, marital property is distributed “equitably,” in accordance with New York law (Domestic Relations Law §236 B.). However, property, which is classified as “separate” property of the other...

How to Put a Smile on a Judge’s Face

It is easy to make a judge smile – just say the words, “Settled, Your Honor.” Contrary to popular opinion (and the content of TV lawyer programs), the main job of a judge is to resolve cases through settlement, not trial. Judges are principally engaged to assist...

Do’s For Divorcing Spouces

My first draft of this article consisted of a list of do-nots for divorcing spouses: Do not minimize the value of professional counseling. Do not give in to spite when considering the best interests of your child. Do not put your faith in pie-in-the-sky promises by an...

Children of Divorce or Separation

When parents intend to separate or divorce, it is essential to assure their child that their love for the child is unconditional. It may be helpful to seek the advice of a qualified professional before having a discussion with the child about new living relationships....