Spousal maintenance (‘alimony”) is a type of support that a court may order one spouse or former spouse to pay to the other spouse or former spouse. The purpose of spousal maintenance to help the economically disadvantaged spouse maintain his or her standard of living after a divorce. Spousal maintenance may be ordered for a set period, or in rare cases in New York, it may be ordered as permanent support.   Prior to October 26, 2015, the Court would consider certain factors in making an alimony award, which included the length of the marriage, the financial resources of each spouse, the ..read more

There are many reasons for divorce, which can be considerations for filing your NY divorce. Before no-fault divorce was available, spouses seeking divorce would often allege false grounds for divorce. Whereas California was the first, New York was the last state to enact a no-fault divorce law.  That law, i.e., Domestic Relations Law 170(7) was passed in 2010.  Irretrievable Breakdown New York is a no-fault divorce state which will allow the filing of “marriage is irretrievably broken” as a reason so long as it has been broken for a minimum of six months. Th ..read more

Child custody issues can be complicated, but never more when one of the parents needs or wants to move out of state. Perhaps they have landed a better job, their new spouse has been transferred, their health (such as asthma) requires a dryer climate, or they simply want a change. Such a situation can affect custody, but Fass & Greenberg is here for legal assistance. Here are some of the most important things every parent should know about moving out of state with a child. First Look to the Agreement When minor children are involved, some, but not all divorce and or separation agreements c ..read more

While we all hope it’s “till death do us part,” for over half of marriages, for some couples, it just isn’t meant to be. Legal separation in New York is not as simple as you think, and requires attorneys to assist with the process. Fass & Greenberg, LLP is here to help. How To File for Separation in NY A separation agreement is a contract between you and your spouse in which you both agree to live separately and apart, and decide all of the issues relating to the marital relationship, including child custody, spousal support, child support, and property distribution.  These issues nee ..read more

While New York requires that both parties fully disclose assets and liabilities during a divorce, people do not always provide the courts with accurate information. Some people may even go so far as to forge documents or signatures. This kind of fraud can lead to an unfair judgment. If you have discovered evidence of fraud after a divorce agreement, it is not too late for you to take action. New York courts do not tolerate divorce fraud, and a judgment based on fraud can be vacated. Fass & Greenberg can help you find evidence and pursue a more favorable result. Finding Fraud in a Divorce ..read more

Not disclosing financial information during a divorce can be very dangerous. If one party hides assets or fails to disclose important information, it can create an unfair situation. It can also lead to the loss of certain property rights.  In some jurisdictions, not disclosing all financial information can result in criminal penalties. Therefore, it is always best to consult with a divorce attorney in Garden City to ensure that all relevant information is properly disclosed. To-Do List: Disclosing Assets and Liabilities in a Divorce Before and during a divorce, you must assemble a complet ..read more

While a prenuptial agreement can help resolve issues about property division and support during a divorce, certain factors could cause some if not all provisions to be invalidated. If you believe you may need a prenuptial agreement before marriage, or your prenuptial agreement has been challenged, you will want to work with the experienced Garden City lawyers at Fass & Greenberg. We have decades of family law experience and can help you draft a proper agreement that will withstand scrutiny, or mount a strong defense to a challenge to an existing one.  When Can a New York Prenuptial Ag ..read more

Both parents lived in New York with their child.  When the relationship broke up, the custodial parent remained residing in New York, and the the non-custodial parent relocated to another state.  The non-custodial parent commences a proceeding in a New York Family Court because the custodial parent and the child reside there.  While the proceeding for modification of custody is pending in New York, the custodial parent relocates to another state as well.  The question is whether New York has lost continuing exclusive jurisdiction over this proceeding, because neither of the ..read more

New York is one of many states that is known as a “no-fault” divorce state. It is a place where you should get Garden City lawyers to work with you to figure out the particulars of the divorce process that you are working through. Doing so can help you figure out how to best proceed with your case as it moves through the system. What is a No-Fault Divorce? One of the first things that your divorce lawyer Garden City will let you know is that New York is a no-fault divorce state. What this means for you and your family lawyer Garden City NY is that you do not have to prove a reason why you are ..read more

Those who are going through a divorce must ask themselves what they can do to work on the distribution of tangible and intangible assets they have accumulated during their marriage.  Garden City divorce attorneys can go over these details in greater depth with you, but the important thing to remember is that both types of assets must be distributed to the couple in a way that is fair to them. Figuring out precisely how to fairly distribute them is often difficult.  Equitable Distribution In the event the parties cannot reach a settlement among themselves, they rely upon the court to ..read more