In 2015, the New York Legislature enacted new guidelines to calculate temporary and post-divorce maintenance. If you are a candidate for maintenance (spousal support), the guidelines may strongly impact your financial future. Temporary and post-divorce maintenance... In a custody dispute, judges do not wish to place a child in the position of having to openly “choose” between parents. However, where a child’s testimony is necessary, the child may be questioned by the judge with the child’s attorney present but in the absence of... When there is a change in marital status by reason of divorce or annulment, marital property is distributed “equitably,” in accordance with New York law (Domestic Relations Law §236 B.). However, property, which is classified as “separate” property of the other... It is easy to make a judge smile – just say the words, “Settled, Your Honor.” Contrary to popular opinion (and the content of TV lawyer programs), the main job of a judge is to resolve cases through settlement, not trial. Judges are principally engaged to assist... My first draft of this article consisted of a list of do-nots for divorcing spouses: Do not minimize the value of professional counseling. Do not give in to spite when considering the best interests of your child. Do not put your faith in pie-in-the-sky promises by an... When parents intend to separate or divorce, it is essential to assure their child that their love for the child is unconditional. It may be helpful to seek the advice of a qualified professional before having a discussion with the child about new living relationships.... In my divorce practice, I customarily ask a client whether marriage or other counseling has been sought before consulting with me. It is, of course, preferable that every effort be made to save a marriage before beginning the divorce process.Marriage counseling... One of the most important papers you will sign in a divorce or separation is the Statement of Net Worth. The Statement of Net Worth is signed under oath and includes a detailed designation of a spouse’s assets, income, liabilities and support requirements. The... A road map of New York’s divorce law is found in the statute commonly known as the Equitable Distribution Law (“Google” – NY Domestic Relations Law Section 236 B.) Under the Equitable Distribution Law (“E.D.L.”), the relationship between a husband and wife is... It is common in a divorce case for a spouse to claim that there is undisclosed “cash”. It is uncommon, however, to actually document the existence of cash income during the financial discovery process. Thus, I was gratified to learn during the course of a deposition...