In New York, a divorce is commenced by personal service (the hand delivery) of a summons on the defendant. The summons is the document which gives your soon-to-be-ex notice of the legal action. Sometimes this is just not possible to make personal service. In some cases, a spouse just disappears off the grid and cannot...
For divorced parents in New York, December may be a bittersweet time. While Christmas, Hanukkah, Kwanzaa and New Years are all joyful, they are also holidays that parents traditionally celebrate with their children and extended families. It is likely, that your parenting plan and visitation schedule will allow your spouse to be with the children...
One of the critical underpinnings of an enforceable prenuptial agreement is the full and fair disclosure of assets. This principle has been a central issue in the divorce of former New York Knicks player Rasheed Wallace and his ex-wife, Fatima Sanders Wallace. The two were married in 1998, the day after Sanders signed the prenuptial...
Determining who a child’s father is hard on everyone involved. It’s not exactly a leading storyline for the silver screen. But a recent movie called “Don’t Worry Baby” provides a framework for discussion of the important issue of child paternity. The story takes place in Manhattan. A fashion designer mother who had taken a hiatus...
Just as the definition of marriage has evolved in New York to include same-sex couples, so has the definition of family. It is now common for a married same-sex couple to have children and, like heterosexual couples, when the relationship sours, custody battles ensue. Until recently, the existing law in New York was that a...
Can you imagine airing your marital dirty laundry with the public? Most of us can’t, but that’s exactly what happens to many celebrities and others involved in high-profile marriages and breakups. Fortunately, in New York, most divorce files are sealed from public view. With election season in high gear, there was a recent attempt by...
Unless an Orthodox Jewish woman obtains a get from her husband, she cannot re-marry after the civil divorce is granted. Because of this religious barrier to remarriage, an Orthodox wife can easily find herself imprisoned in her dead marriage, isolated and ostracized from her community. So important is it for religious women to receive the...
Insurance revenge? Did you even know that such a thing existed? In a divorce, emotions run high. Too often, spouses do things to hurt one another. One of the best-known examples is draining a bank account. However, spouses can exploit their close relationship to hurt each other in insurance matters. When they do, this insurance...
The year your divorce is final, there are fundamental changes to your federal taxes. For instance, your filing status—married or single—is determined as of the last day of the tax year. Another significant change involves who may claim a child as a dependent. When a couple is married, it is usually more favorable to file...
Divorce is a significant, life-changing event. Even those who affirmatively make the decision often have mixed feelings. The thought of announcing the news to friends, family, and even strangers can evoke feelings of anxiety. It is hard to know how to respond to someone who tells you they are getting a divorce. Do you congratulate...
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