New York Family Law Blog

Changing sexual orientation is not a basis to lose custody

For some, divorce and separation follows a parent’s change in sexual orientation.  While some parents may argue that a change in sexual orientation should be hidden from the children.  Or, that a change in sexual orientation should form the basis to change custody.  In New York, a parent’s sexual orientation should not be considered as…

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Can a court force a parent to follow religious practices as part of a divorce?

There are many reasons why parents separate.  Sometimes, parents separate because they hold different religious beliefs.  At other times, parents hold the same religious beliefs at the time of the divorce or separation but change their beliefs over time.  When parents are very religious, they may include a clause in an agreement requiring a specified…

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Can I modify spousal maintenance based on my retirement?

Section 236 of the Domestic Relations Law was amended in  2016 to provide that retirement is a basis to modify an award of spousal maintenance.  The text of the bill can be found here. Critically, voluntary retirement is only a basis to modify spousal maintenance when the award of spousal maintenance was set by a…

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Can you protect your assets with a postnuptial agreement?

You met, fell in love, and got married. It seemed like the natural progression of any relationship. But now you’re wondering if you thought everything through. What happens if things start to fall apart? You have a successful business that’s allowed you to buy your dream car and that weekend lake house you always wanted….

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What to do when your child support payments seem too high

Divorce can be painful and messy. In many cases, the most hotly contested issues are child custody, visitation for the non-custodial parent, and child support levels and payments. It can be all too easy to make hasty decisions from an emotional place during a divorce, but what may feel cathartic in the moment may impact…

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Child support and visitation: Withholding one for the other

When marriages dissolve, everyone in the family is impacted. From the former spouses, who are grieving the loss of their primary relationship while also rebuilding their lives on their own, to the children who must get used to spending alternating weekends with their parents, everyone has to change and adjust. Sometimes during the divorce process,…

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How is a business divided in divorce? “Determining the value”

A business is considered a marital asset when two important factors are applicable. The first consideration is if the business was developed and opened for operation after the marriage. Secondly, if the value of a pre-marriage business increased during the marriage. Either one of these factors subjects the family business to be distributed during a…

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