I Was Served With Divorce Papers, What Do I Do?
Clement Law | The Divorce Report
by Daniel Clement
1M ago
It is 6 a.m., and there is a knock on the door.  It is a process server sent by your soon-to-be ex to personally serve you with the summons for divorce.  What do you do? While couples marry, hoping to spend their entire lives together, life does not always go as planned.  Disputes or misunderstandings arise, couples grow apart.  For some, divorce is inevitable. As a marriage ceremony celebrates the start of a marriage, the service of a summons for divorce signals the end of the marriage and the commencement of proceedings to legally dissolve the marital relationship. As div ..read more
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How To Avoid Losing Child Custody: 10 Important Tips
Clement Law | The Divorce Report
by Daniel Clement
1M ago
Parents fight hard and seek every advantage to obtain custody of their children when going through a divorce. While there are no surefire ways to guarantee that you will win custody of your children, there are definitely things that you can do to assure you will lose custody.   Perhaps as important as strategizing for victory, you must plot a course to avoid the landmines that would result in you losing custody of your children. What is child custody?   When parents divorce, they must work out a child custody arrangement that suits their family’s needs. In some cases, the parent ..read more
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Modifying Child Custody in New York: When Co-Parenting Is Not Working
Clement Law | The Divorce Report
by Daniel Clement
2M ago
One of the purposes of co-parenting after divorce is to provide your children stability and security and to ensure they maintain close relationships with both parents. The key in any child custody arrangement is to advance your children’s best interests, however, if the custodial arrangement is not working or doing more harm than good, then it might be time to modify the shared physical custody agreement. If you have joint custody in New York by court order, that order may, in some cases, be modified.   Co-Parenting Situations Can Change If you are sharing physical custody, your child wil ..read more
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How To Get Through The Holidays When You Know You Are Going To Divorce?
Clement Law | The Divorce Report
by Daniel Clement
2M ago
Going through a divorce is difficult regardless of the timing, but if you are having serious marital problems and are planning to soon divorce, the holidays can be even worse. The stresses of seeing family, entertaining guests, and trying to ensure your children have a good holiday season can lead to conflict. If you have decided to divorce but opted to wait until after the holidays to move forward with filing, there are still some important steps you can take to keep your sanity and prepare for your next chapter.   If Appropriate, Talk to Your Spouse If you and your spouse have decided t ..read more
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7 Facts About Divorce in New York
Clement Law | The Divorce Report
by Daniel Clement
2M ago
  Divorce is a life-changing event.   The breakup of a marriage has economic, emotional, and psychological consequences.    Often, parties start a divorce blindly without considering or understanding the impact divorce will have on their lives.  Before consulting with a New York divorce attorney,  you should know these seven facts about divorce: 1. There is no winning at divorce.   In most divorces, there are no real winners. No one walks away from a divorce settlement completely happy. Whether negotiating or litigating the issues present in most di ..read more
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How to Present a Winning Image in Divorce Court…and What NOT to do!
Clement Law | The Divorce Report
by Daniel Clement
8M ago
Your big day in divorce court. It’s not a date that most people look forward to, but it’s a monumental one nevertheless. While divorce court judges base their decisions on the testimony or evidence presented, your personal appearance and demeanor can indeed affect the judge’s ultimate decision. This is why putting forth your best image and demeanor is paramount. You don’t want all of your advantages to be undermined by wearing the wrong thing or acting foolishly in court. How do you set the stage for success in a court for divorce? Read on.   The Most-Asked Question… When it comes to prep ..read more
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New York Divorce and Pet Custody- What Are the Best Interests of Your Dog or Cat?
Clement Law | The Divorce Report
by Daniel Clement
1y ago
Pet custody is now a real issue in New York divorce cases. A newly enacted  law requires “courts to consider the best interest of companion animals when awarding possession of the animal during divorce or separation proceedings.”   The “best interest” criteria is the same standard courts employ in contested child custody cases. In the past, New York Courts have consistently rejected a best interest analysis for pets. While some courts have elected to treat pets as “chattel” or personal property, other courts have employed a “best interests of all” inquiry.   No New Yor ..read more
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7 Tips on How to Make the Most of Your Virtual Court Appearance
Clement Law | The Divorce Report
by Daniel Clement
1y ago
In the past year, the legal landscape has changed. For now and for the foreseeable future, most court appearances in divorce cases in New York will be virtual and will not be conducted in person. So, what do you need to know to make the most out of your virtual court appearance? Make no mistake, just because you are appearing from home a virtual court appearance is of the same magnitude and importance as an in-person appearance. You will be sworn in under oath and expected to participate as if you were physically present in the courtroom. So here are seven tips to make the most of your virtua ..read more
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How To Complete the Net Worth Statement in Your Divorce
Clement Law | The Divorce Report
by Daniel Clement
2y ago
If there is a single most important document in connection with your divorce, it would be the statement of net worth. So what is it, and how do you fill it out? A net worth statement is a document prepared at the beginning of a case and, as its name suggests, sets forth your net worth. The document forces you to disclose your assets, your liabilities, your income, and your expenses. Why is the Net Worth Statement so important in a New York divorce? First, you're swearing to its truth under penalty of perjury. That means if you make a misstatement, material omission of fact, or a misrepresenta ..read more
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How To Avoid Mistakes in Hiring Your Divorce Attorney
Clement Law | The Divorce Report
by Daniel Clement
2y ago
  You or your spouse have decided it's time to end the marriage and divorce. Your natural inclination may be to find the toughest, most aggressive attorney, the pitbull attorney, to fight for everything you think you're entitled to, but this could be a big mistake and, in this video,  I will tell you why. Who you hire as an attorney in your divorce may be the most critical decision you make. Make the wrong decision, and it can cost you not only valuable rights, but thousands in unnecessary legal fees. For many, other than maybe purchasing their home or preparing a will, this is the ..read more
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