Meeting with a divorce attorney for the first time can be scary as you start to navigate through the unknown. Many individuals describe the divorce process as one of the worst/most vulnerable times of their lives, so finding an attorney that you feel comfortable with is very important. During a consult you may feel as though you don’t even know where to begin. If I had to put myself into the shoes of a potential new client, the following list of questions would be what I would ask: What is the first step? Does my case have to go to Court? What happens if my case ends up going to Court? What c ..read more

As we join the nation in recognizing Domestic Violence Awareness Month (“DVAM”) one of our goals is to help disprove some of the biggest myths surrounding Domestic Violence, some of which could be the largest factors preventing victims of domestic violence from seeking help. Domestic violence is only physical abuse. Domestic violence is not limited to only physical abuse. Domestic violence also constitutes mental, sexual, verbal, psychological, and financial abuse. In a world where technology and electronics now play an everyday role in our lives, cyber abuse and intimate partner surveillanc ..read more

The Matrimonial and Family Law Group at Jaspan Schlesinger proudly joins the nation in recognizing October as Domestic Violence Awareness Month (“DVAM”). Throughout the month of October, we will be updating our blog with relevant and timely information and resources regarding Domestic Violence and the interplay with matrimonial and family law ..read more

We previously blogged about New York Legislature’s expanding a parent’s duty to support their disabled adult child until the age of 26, which was signed into law on October 8, 2021. As we approach the one-year anniversary of this new law, a decision was recently decided in Queens County which provides some insight as to the impact the expansion of child support has had on families who have disabled children. On August 5, 2022, in the case entitled Pettway v. Pettway, 2022 NYLJ LEXIS 1182 (Sup. Ct. Queens County 2022), Referee Maria L. Bradley granted a mother’s application to extend child supp ..read more

We have published various blogs regarding the on-going struggles to co-parent during the COVID-19 pandemic. This sentiment still rings true today in regard to the differing views parents may have with respect to vaccinating their children against Covid-19. The issue of vaccinations was recently addressed in S.M. v. E.M., 2022 NYLJ LEXIS 722 (Sup. Ct., Nassau Cty. 2022), wherein the Hon. Stacy D. Bennett, A.J.S.C. of the Nassau County Supreme Court, granted a father’s application for a change of custody on the limited issue of medical decision making specifically related to vaccinations of the ..read more

Often times parents do not take into consideration the financial component of having a child. Let’s be realistic, who wants to put a “price tag” on their child? However, this is something that parents are forced to deal with in the context of a divorce or separation when children are involved. Upon the commencement of a divorce or separation proceeding, parents may find themselves asking “what exactly is child support and how is it calculated?” What is child support? Simply put, child support is the monetary contribution one parent makes to the other parent to assist with supporting a child fi ..read more

On June 30, 2022, Governor Hochul signed legislation[i] that: “expands which documents can be used to show identity theft in certain circumstances relating to debt collection.”[ii] “Under current law, a principal creditor shall cease collection activities until completion of the review of certain information submitted by a debtor who claims they were the victim of identity theft. The victim must have filed a police report alleging the identity theft; there is no alternative reporting permitted under the law.”[iii] However, not all identity theft occurs between parties that do not know eac ..read more

We previously posted a blog discussing how a party may be able to secure a decree of separation and enumerated five (5) ways you can seek a judgment of separation from a court under Domestic Relations Law (“DRL”) § 200. We also previously noted that a party is extremely limited in the circumstances for which they may seek a formal judgment of separation from the court, which is why many spouses opt to enter into a separation agreement instead. On January 7, 2021, New York Assembly Bill 1128 (“A.B. 1128”) was introduced, entitled “An act to amend the domestic relations law, in relation to allow ..read more

We previously posted about Senate Bill S4248 which, if enacted, would add a fifteenth factor to New York’s equitable distribution statute to allow courts to consider the best interests of a companion animal when awarding possession in a divorce action. Since this previous post, Senate Bill S4248 was signed by Governor Hochul on October 25, 2021, thus officially amending Domestic Relations Law (“DRL”) § 236 to include the following factor: In awarding the possession of a companion animal, the court shall consider the best interest of such animal. “Companion animal”, as used in this subparagrap ..read more

According to the United States Census Bureau, women make up nearly half of the United States work force.[i] Notwithstanding, as of 2019, women make up only 27% of workers in the fields of science, technology, engineering and mathematics (“STEM”).[ii]  “Women employed full-time, year-round in STEM occupations earned more than their non-STEM counterparts but the gender earnings gap persisted within STEM occupations.”[iii] Men also outnumber women majoring in most STEM fields in college. [iv] “The gender gaps are particularly high in some of the fastest-growing and highest-paid jobs of ..read more