O’Brien & Associates Law Firm, P.C. Blog
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Divorce and Family Law Blog from Joanne P. Monagan, Principal Attorney/CEO with an aim to create a journal of topical and current information about family law issues expected to be of interest to clients and prospective clients. All posts are sourced
from Joanne's personal experiences, relevant articles, and news.
O’Brien & Associates Law Firm, P.C. Blog
1M ago
What is marital property and what is separate property? Marital property is any property acquired during the marriage and before either a separation agreement is fully executed or a divorce action is commenced (whichever comes first). As long as the property was acquired while the parties are ma ..read more
O’Brien & Associates Law Firm, P.C. Blog
1M ago
Signing a prenup has become standard practice for most modern couples before they tie the knot. Historically, prenuptial agreements in New York were nearly impossible to invalidate, but times have changed. The circumstances surrounding a prenup's creation or execution may now affect its validity ..read more
O’Brien & Associates Law Firm, P.C. Blog
1M ago
Child custody in New York is like most states. You can have legal custody, physical custody or a combination of the two. If there are disputes regarding who spends more time with the child or who has control over which areas of the child's life, the court may have to intervene. The court will bas ..read more
O’Brien & Associates Law Firm, P.C. Blog
1M ago
For most parents, the thought of being cut off from their child is unbearable. In the middle of a brutal child custody battle, a desperate parent may accuse the other parent of child abuse to gain an advantage. Family courts take abuse claims seriously, so it will be necessary for the victim of t ..read more
O’Brien & Associates Law Firm, P.C. Blog
1M ago
A prenuptial agreement is a contract between engaged individuals that helps to clarify certain elements of – and expectations for – their relationship. Additionally, by establishing what soon-to-be spouses expect in the event of divorce, couples take the mystery and romance out of marital dissolu ..read more
O’Brien & Associates Law Firm, P.C. Blog
1M ago
When family courts determine legal and physical custody and visitation rights, they consider several factors, such as the child-parent relationship and the mental and physical condition of the parents. Courts also look at the family's history and check if there has been domestic violence, abuse o ..read more
O’Brien & Associates Law Firm, P.C. Blog
1M ago
Divorce is never easy to deal with. You and your ex will discuss complicated topics during the process, including your assets and family arrangements. Certain divorce matters require the court's involvement, such as determining child support. Identifying the appropriate child support amount could ..read more
O’Brien & Associates Law Firm, P.C. Blog
1M ago
In Albany, couples can decide whether to pursue a fault or no-fault divorce. The latter implies that no one was responsible for the marriage ending. The purpose of a no-fault divorce is to avoid putting the blame on anyone, as that could give rise to more points of contention during the divorce p ..read more
O’Brien & Associates Law Firm, P.C. Blog
1M ago
You've spent a considerable amount of time, effort and energy building your reputation in your community, and your name and your business are closely linked. That means that a very public, very acrimonious divorce could be a disaster for you in more than one way. Aside from trying to navigate the ..read more
O’Brien & Associates Law Firm, P.C. Blog
1M ago
Divorces can get complicated, especially if you and your former spouse cannot agree on the basics, such as child custody and property division. These disputes can happen anytime during the proceedings, which can cause tension between parties. You can hire a mediator to help you and your former sp ..read more