New York Family Law Blog

Marital Lifestyle: Is It Still the Most Important Factor in Setting Maintenance?

The 2015 Session Laws of New York Chapter 2691 imposed wholesale changes to post-divorce maintenance (“2015 Amendment”). Domestic Relations Law (DRL) § 236 was amended to provide a guidelines calculation for awards of post-judgment maintenance.2 Those guidelines are now well known and operate to streamline post judgment maintenance awards where the payor spouse earns income…

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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 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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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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Dispelling common divorce myths

A marriage ending in divorce has become fairly common. With the increased occurrence, the media, and even TV and movie drama depictions, there are many myths and misconceptions about divorce. While it is never easy to end a marriage, it can be a little less stressful knowing which notions hold ground and which do not….

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