Using Mediation to Advantage in a New York Divorce?
Law Offices of Randy S. Margulis Blog
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1M ago
Most contested divorces and child custody matters in New York are now referred to mediation: a structured but informal environment where spouses can discuss their issues, negotiate and potentially reach agreements without the need for trial. Known as “presumptive mediation,” this forum is based on the state court system’s general policy favoring alternative dispute resolution Read More ..read more
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The Role of Child Custody Evaluators in New York Divorces
Law Offices of Randy S. Margulis Blog
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2M ago
Child custody evaluators serve an important function in New York divorces where children are involved. When parents are unable to reach a consensus, a child custody evaluator can assemble forensic evidence to help the court make an informed decision. The primary objective of a forensic evaluation is to assess the child’s emotional, mental and physical Read More ..read more
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Defining Separate vs. Marital Property in Equitable Distribution
Law Offices of Randy S. Margulis Blog
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3M ago
Equitable distribution is the legal framework used to divide property during a divorce in New York. Only property that is deemed marital in nature is subject to division. Generally, marital property includes assets and debts acquired by either spouse or both during the marriage. Separate property consists of assets acquired before the marriage or after Read More ..read more
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What Are the Limits on a Custodial Parent Relocating With a Child?
Law Offices of Randy S. Margulis Blog
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4M ago
People who divorce usually want to part ways and move on with their lives. However, this freedom is limited when minor children are involved. A custodial parent — the one with whom the child lives primarily — cannot deny the other parent their allowed parenting time with the child. This can be a point of Read More ..read more
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Tips for Getting Through a High-Conflict Divorce
Law Offices of Randy S. Margulis Blog
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5M ago
Couples ending their marriage are usually well-advised to compromise and strike a fair deal to expedite the process, so that both parties can move on with their lives. However, some people treat divorce like a war, seemingly convinced that blaming the other spouse is the way to achieve a material benefit. Such behavior makes for Read More ..read more
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New Law Requires Domestic Violence Training for Child Custody Evaluators
Law Offices of Randy S. Margulis Blog
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6M ago
Child custody and visitation can be among the most contentious and emotionally charged aspects of a divorce. Judges must decide these issues with a view to promoting the child’s best interests. In New York, judges routinely utilize appointed custody evaluators to help determine what is best for a child, especially as concerns protection from possible Read More ..read more
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What Is Wasteful Dissipation of Assets That Will Affect Equitable Distribution?
Law Offices of Randy S. Margulis Blog
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7M ago
Among the most challenging issues in divorce cases can be how to divide the spouses’ marital property between them. New York follows the rule of equitable distribution, which means all marital assets must be divided fairly, though not necessarily equally. Division becomes problematic when a spouse intentionally or recklessly spends, damages, destroys or disposes of Read More ..read more
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Splitting Up a 401(k) in Divorce
Law Offices of Randy S. Margulis Blog
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8M ago
When you get divorced, your final settlement or judgment will control how your property will be divided. Retirement accounts such as 401(k)s are significant assets for many couples, and they are subject to division as well. But dividing a 401(k) comes with its share of complexities. First, be aware that New York law applies the Read More ..read more
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Who Pays the College Expenses for Children of Divorce?
Law Offices of Randy S. Margulis Blog
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9M ago
One of the most expensive aspects of raising children can be providing for their college education. According to the College Board, a nonprofit group, the average cost to attend a year of college in 2022-23 was $27,940 at a public school and $57,570 at a private school. With college costs rising at a steeper rate Read More ..read more
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How Business Ownership May Be Divided in a Divorce
Law Offices of Randy S. Margulis Blog
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10M ago
If you or your spouse own an interest in a business, you can be certain that it will feature prominently in your divorce. New York is an equitable distribution state, which means all property acquired by either spouse during the marriage is subject to division. However, a stake in a business presents special challenges, especially Read More ..read more
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