Couples preparing for divorce may disagree about many key details related to their marriage and its end. In some cases, they may not even agree about the need for a divorce. Sometimes, one spouse is ready to end a marriage, while the other seemingly hopes to work through the challenges or at least remain married. If someone cannot convince their spouse that divorce is necessary, they may decide to move forward with the filing on their own. They then typically wait for their spouse to respond. People have an opportunity to protest the proposed terms when one spouse suggests divorce. Can a spous ..read more

Ideally, couples who divorce will put aside their differences so that they can develop an effective, cooperative co-parenting relationship. But, what if that isn’t possible? Can your child pick where they want to live and which parent gets primary physical custody? Contrary to rumor, that’s not how things work You may have heard that your child has the “right” to pick where they live once they turn 13, 14 or 15 years of age – but that’s just a myth. In reality, there’s no “magic age” in New York that permits a child to decide which parent they prefer to live with. The court retains the authori ..read more

A divorce is a stressful process, in part because of the financial challenges involved. Spouses generally need to prepare to divide their assets and financial obligations, a process that could very well damage their relationship and force them into litigation. People often have a hard time agreeing with their spouse about what is the reasonable and fair way to share their assets and financial responsibilities during a New York divorce. Generally speaking, only marital assets and property are subject to division. The assets and debts that people can show are separate are often not subject to di ..read more

The Bill of Rights and numerous other federal and New York rules protect those accused of criminal activity. There is a presumption of innocence that applies to anyone facing criminal charges, and they have the right to a trial. During a criminal trial, a defendant has the right to representation and should have access to any of the evidence that the prosecution intends to present. They also have the right to choose between having a judge rule on their case and having a trial overseen by a jury of their peers, at least in felony cases. A trial helps ensure that someone accused of a crime has a ..read more

Now that you and your spouse pursue divorce, you clearly understand that your young children are your greatest concern. How will they cope? Will they adjust to new schedules and living arrangements? While their emotional well-being remains a priority, their financial well-being also must get serious attention during the divorce process. For example, although higher education may be years away, you must take college expenses into account during divorce negotiations. College costs continue to rise Who will pay and what amount? You and your separated spouse must come to an agreement. But, first ..read more

Drivers must ensure they’re in the right shape to drive. One thing that has a negative impact on this is impairment. Police officers keep an eye out for signs of impaired driving and will initiate a traffic stop if they see any signs of it. In order to stop a vehicle, the police officer has to have reasonable suspicion. This is a very low standard that means the officer saw something a reasonable person would think meant something is amiss. What can cause reasonable suspicion? There are many things drivers might do while on the road that could cause someone to think they’re impaired. Driving t ..read more

Property division is one factor that a divorcing couple must carefully examine when preparing for their independent futures. Asset division will likely accompany spousal support, child support and parenting time as the couple negotiates the complete financial picture. Unfortunately, there are certain factors that can make property division more complicated than originally thought. Three common examples of challenging property can include: Digital assets: Individuals increasingly rely on their online properties. From digital movie collections to an online storefront, the divorcing couple must i ..read more

While traveling out of state, you made a mistake one night. A law enforcement officer arrests you on a drunk driving charge. A DWI charge anywhere is nothing to take lightly. You know that you must disclose this news to your spouse. And that you will have to pay the consequences upon a conviction. But, now, you wonder whether an arrest and conviction will be discovered upon returning home to New York. You expect to wait it out, hoping that this DWI blemish goes undetected. Forget that. This personal and legal trouble follows you to your home state. The state of New York will learn about your p ..read more

A common misconception about divorce is that it is inherently contentious. While some splits are messy and litigious, others go off without a hitch. Many couples – no matter their feelings toward each other – want to avoid the tense hearings that often accompany traditional divorce proceedings and choose to seek alternatives for ending their marriage. So long as they are willing and able to cooperate, they may be able to pursue an uncontested divorce. How uncontested divorces work An uncontested divorce happens when both spouses in a couple agree on all major matters pertaining to their split ..read more

By the time one of you files for divorce, your marital relationship is already likely under a lot of pressure. The two of you may have a hard time even being in the same room with one another, let alone talking amicably about complex property division and custody matters. What you may want more than anything else is some space between you and your ex, but you may feel like it is impossible to have any amount of separation because you live together. Some people will warn you that you should remain in the marital home until your divorce is over to protect your ownership rights. Will you lose you ..read more