by Matt Cavallo, Esq. If you are served with a summons for a divorce action there will be an accompanying document proscribing you from transferring marital assets or encumbering title to any such assets. This document is called the notice of automatic orders and it...
Decades Of Litigation Experience
pierrealcantara
CARRYING COSTS AND TEMPORARY MAINTENACE IN A PENDENTE LITE APPLICATION
Upon commencement of an action for divorce, frequently the “non-monied” spouse will file a pendente lite motion with the Court. This motion normally requests temporary relief pending the finality of divorce. Typically, one will request temporary maintenance, temporary...
What is an emergency?
Is this an Emergency? Decoding what the Court’s will hear on an Immediate Basis. Generally, what constitutes an emergency is common sense. Is someone bleeding? Is someone missing? Is something on fire? But in the world of divorce and family law, “emergencies” come in...
Question: Does my child have any say in which parent gets custody?
Answer: Yes, your child(ren)’s input, impressions and opinions, whether communicated to the Court during an in-camera interview or to their assigned attorney (the attorney for the child[ren]) will generally have an impact on a custody determination. However, it should...
ATTORNEYS FOR CHILDREN
In a custody proceeding, the parties can ask or the court can direct that an attorney be appointed to represent the minor children. An attorney for the child (AFC) represents not the parents’ interests, but only the child’s interests. AFCs are not social workers or...
CUSTODY OVERVIEW
New York courts use the best interest of the child standard in determining which parent will obtain custody. This standard involves the analysis of several factors, including a parent’s involvement or presence in the child’s life; the age of the parents; any physical...
Controlling Your Divorce
When going through a divorce, people can fly through a range of emotions. It is important that they have a support system in place to help them. Many litigants often seek out professional therapists, however, many also lean on immediate family, like Mom, Dad, their...
WHERE CAN I LIVE AFTER MY DIVORCE?
An issue which you must contemplate as you are in the process of divorce is where will you live after the action is complete. If there are no children, the answer is easy. You will have no restrictions. If you have children, the answer is not as clear cut. Both...
Do you have a right to seek a modification of child support?
It depends. If you and the other parent have specifically opted out of Domestic Relations Law §240 )1-b)(h) in a written agreement, the Court will likely uphold your agreement and deny your request for a modification. However, if you have not waived this Statutory...
Validity of Religious Upbringing Clauses
In an interesting recent article in New Yorker Magazine, (“When One Parent Leaves a Hasidic Community, What Happens to the Kids?”), writer Larissa MacFarquhar delves into what happens to children who have grown up in the Orthodox Jewish community after parents divorce...