Family Law
5 Myths to Legally Separate From (even if you’re single)
There tends to be several common misconceptions or “myths” regarding divorce, even amongst those who may not necessarily be seeking a divorce. This is partially because of the fact that we are used to seeing divorce in the media as either a grand emotional battle or something that involves just “signing the papers” and then…
Read MoreCustody Modification Warranted Due to Mother’s Irresponsible Behavior
Does your ex-spouse have primary residential custody of your children? Does he/she relocate often or make rash, sporadic decisions that affect your children? In a recent Appellate Division case, Matter of Sherwood v. Barrows, the Court concluded that this kind of irresponsible behavior could warrant a modification of a pre-existing custody agreement. In October…
Read MoreSteering Away from the “Keeping the Children Together” Rule
In general, the law expresses a preference for keeping siblings together. However, the application of this universal rule has become more complicated as a result of today’s changing family dynamic and the presence of half-siblings. In a recent Third Department, Appellate Division case, Matter of Adam MM. v. Toni NN., the Court awarded primary custody…
Read MoreBeing A Superhero For Your Children Throughout Your Divorce
This past week, the Huffington Post published an article entitled “Divorcing Parents: 4 Ways Your Can Be Super Heroes To Your Children,” written by Michael Aurit, the Founder of The Aurit Center for Divorce Mediation in Scottsdale, Arizona. This article directed the reader’s attention to ways that parents can discuss their divorce with their children…
Read MoreDivorcing Spouses Beware: How Facebook Could Prejudice the Outcome of Your Pending Divorce Action
This week Mirror Daily featured an article entitled, “Facebook Now Crops Up in a Third of Divorce Cases over Cheating and Old Flames”, written by Samantha Yule. According to the article, a recent survey of matrimonial firms’ caseloads revealed that social media is increasingly relied upon as proof of inappropriate behavior in divorce actions. Specifically,…
Read MoreEveryone Deserves the Right to Divorce, Kentucky Agrees
A Jefferson Family Court judge granted Kentucky’s first same-sex divorce. Judge Joseph O’Reilly permitted the divorce of two Louisville women who were legally married in Massachusetts. While Judge O’Reilly issued this decision on December 29th, 2014, he waited until now to publicize the decision “so that it would become and couldn’t be challenged.” However,…
Read MoreDon’t Forget Your Vows, Change Them
This week, the Huffington Post published an article entitled “Forgotten Vows,” written by Susan Saper Galamba, a divorce and family law attorney. The article directed the reader’s attention to the meaning of wedding day vows and how even after divorce some aspects of the vows still remain true. During the divorce process, tolerance of…
Read MoreCelebrating New Years and the Start of Divorce Month
The month of January typically sees the most new divorce filings of the calendar year, earning it the nickname, ‘Divorce Month.’ This week, the Huffington Post featured several articles about the overabundance of divorce actions being commenced at the start of a new year. In his article, When Divorce is a New Year’s Resolution,…
Read MoreSurviving the Holidays After or During a Divorce
The holidays are undoubtedly one of the most difficult times of the year for divorced and broken families. This is especially true during the first few years after the divorce when families are still trying to re-build and transition to the new family unit. This week, the Huffington Post featured a number of articles about…
Read MoreNew York State Divorce—It’s Business, Not Personal
This week Buffalo Business First featured an article entitled, “Divorce – It’s Business, Not Personal”, written by Steven Wiseman, a New York matrimonial attorney. The article focused on New York’s divorce system and the unhappiness it causes many divorcing spouses. “There is a simple reason why many people going through a divorce are unhappy with…
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