The parent who wishes to relocate will have to show by clear and convincing evidence that the move is in the best interest of the child (and parent) and that the non-custodial parent will still have access to the child.
CHILD KIDNAPPING: It is not so easy to get your children back if your ex takes the children without your consent to a country that does not recognize the Hague Convention (that is to say a country that is not a signatory to the Hague).
To reduce divorce stress, be organized. For example, keep a file and keep a copy of the most recent documents in it. Your spouse doesn’t have to be the wiser if things work out. If things don’t then your rights and interests are protected.
I assume you’re asking whether you can get a divorce on the grounds of adultery without proof? Most New York Divorce attorneys will probably answer that in the negative and I think I have to agree. You need some measure of proof, although circumstantial evidence may be enough. What is circumstantial evidence? Well, photographs, eye-witnesses […]
UNCONTESTED DIVORCE: If you want to file an uncontested divorce, you can either do it yourself or you can find an attorney to prepare and file the paperwork for you.
You can prove you are a resident by showing you had a job here for the required time, utility bills, library card, voter registration, lease, etc. There are many ways to prove your residency.
When your spouse hides Assets The proverbial “hiding of assets” is a big problem in many divorce cases, which is why we have written about this issue so much on this website. One of the main steps in a New York Divorce is what’s called discovery–taking stock of what each party owns, including finances. Both […]
The whole point is that no parent can unilaterally stop the other from relocating or moving on with their lives but that right has to be weighed against the child’s right to have a relationship with both parents, and ultimately, the child’s “best interest.”
Are prenups only for celebs and rich people? I think everybody should get a prenup these days. Poor today, rich tomorrow. Rich today, poor tomorrow. These are uncertain times we live in. One never knows what will happen in the future. One only has to look to the lives of celebrities to see and hear […]
The acronym stands for Qualified Domestic Relations Order. According to the Employee Retirement Income Security Act of 1974 (ERISA) a Qualified Domestic Relations Order (QDRO) is a judgment, decree or order that creates or recognizes the existence of an alternate payee’s right to receive all or a portion of a plan participant’s benefits under an […]
How Does Divorce Affect Your Pension Benefits? There are many questions to ask when you are getting divorced and there are pension benefits to be distributed. For example, it is important to know if your spouse has more than one pension plan or other retirement plan from a current or previous job. How long has […]
Alimony is available to a spouse whether it be for divorce, annulment or separation. It is available during the pendency of the action (temporary pendente lite maintenance) or as a final award for a fixed period of time, or for life. Alimony or spousal support, or maintenance ends upon the following circumstances: a)death of either […]
A New York divorce lawyer answers 10 frequently asked questions (1) HOW LONG DOES IT TAKE? Anywhere from 6 weeks to 4 months (if uncontested) If it is contested, the jury is out. It could take more than a year. It would depend on the judge, the assets of the parties, whether there is a […]
By Marion TD Lewis Question: What Does Equitable Distribution Mean? My answer filed in divorce advice: The word equitable comes from the word equity which means fair and just. So equitable has to do with that which is fair and just. New York is what’s called an equitable distribution state – as contrasted to […]