A: David’s Answer: Out-of-court “custody agreements” are unenforceable unless they’re ultimately incorporated into a court order or judgment. Thus, other than it being a “memorandum of understanding” between the parties, it’s of little legal import at that point. Schedule a consult with a NYC Family Law attorney for a full assessment.Read More
Q: My family court objection was sustained resulting in a remand to the trial court with instructions. What happens next? Does the trial court schedule further hearings? Does the trial court just simply adjust its earlier decision for the instructions? Do I need to make any motions? A: David’s Answer: usually the court clerk will schedule a new date. This…Read More
Q: The motions include: In Family Court: Custody&Visitation, Support, family offense. In Supreme Court: Divorce. I don’t understand why there can be so many cases for one divorce.. can someone explain? A: David’s Answer: I don’t know either, as the strong preference is to have all issues decided by 1 Judge. I’d suggest tat you file a motion in Supreme…Read More
Q: Looking for a low cost alternative to review an already drafted prenup. There is nothing to contest, just need someone to look over and sign off as legal representation. Any suggestions? A: David’s Answer: Some attorneys will charge a sliding scale and/or flat-fee just to review proposed documents. Such attorney cannot, however, negotiate any terms without being formally retained.…Read More
Q: Stemming from a divorce agreement my son has turned 21 reaching emancipation clearly defined in agreement. Filed modification petition in Westchester County family court in an effort to get the child support collection unit to furnish my employer with a termination of garnishment letter. A: David’s Answer: In short, a financial disclosure affidavit is considered “mandatory” disclosure – meaning…Read More
Q: Next month we’ll be going before a Judge to finalize divorce. Filed for divorce 2005 but had to request court date to go before judge to get case moving. Can you get DRO drawn up to finalize with judge as we are presenting settlement of agreement to this Judge? A: David’s Answer: The DRO must be consistent with the…Read More
Q: Hi. I have sole custody of my 2 children. Visitation has just been ordered a minimum of two days per month for bio father . Supervised pending law guardian speaking with oldest child and his wishes to see his father. My question is the questions this women asked my son. He is almost 12..very aware of situation. He was…Read More
I’ve seen many signs & Ads posted throughout the Bronx, Yonkers, New Rochelle & Mount Vernon advertising to do divorces for “$299” or “$399.” Many such ads strongly imply you’re hiring an attorney or that they’re just as good as attorneys – guess again. These services generally aren’t worth their money – and can end up costing you more! I…Read More
Especially in New York City, there are many “document service companies” which have offices, particularly in low-income neighborhoods, promising to do “uncontested divorces” for cheap prices. Unfortunately, many people go with such places because they simply cannot afford the higher fees attorneys much charge (given our many more years of schooling & experience). What these companies don’t tell people is…Read More
Often a share of significant assets can turn on the precise definition of what constitutes “marital property” versus “separate property.” In a nutshell, a non-title-holding spouse gets a share of marital property, but does not share in separate property (though there are many exceptions to this). “Marital Property” New York Domestic Relations Law section 236 defines “marital property” as all…Read More
