Either parent can ask for a paternity test as part of a divorce, but there’s no guarantee that the court will agree to order one. New York law focuses on what is best for children, and over the years the legal standing on paternity issues has tilted in the direction of fathers being responsible … [Read more...] about Can I Ask For A Paternity Test As Part Of My Divorce?
Can You Help Me Modify A Support Agreement If I’ve Been Laid Off?
Yes, a large change in income as a result of a layoff is a circumstance that New York Family Court considers cause for a modification. Whether you’re paying a percentage as child support or a fixed monthly payment in spousal maintenance following a divorce, losing your job can quickly wipe out … [Read more...] about Can You Help Me Modify A Support Agreement If I’ve Been Laid Off?
I Need An Order Of Protection Before I File For Divorce. Can You Help Me?
We can help. When we work with individuals who fear for their safety, or that of their children, we know that the single most important element in the divorce is to protect you from an aggressive spouse. Being served with divorce papers can make a controlling abuser a truly dangerous person, so … [Read more...] about I Need An Order Of Protection Before I File For Divorce. Can You Help Me?
What Rights Do Grandparents Have When Couples Divorce?
New York courts have a very limited set of circumstances under which they will enforce the rights of grandparents to maintain a relationship with grandchildren. The state applies a two part test when considering a grandparent’s petition for visitation. First, the court wants to evaluate the … [Read more...] about What Rights Do Grandparents Have When Couples Divorce?
Can My Uncontested Divorce Become Contested?
Yes. In an uncontested divorce, the parties have agreed to the major elements of a divorce – maintenance arrangements, distribution of assets, child custody and support – and both spouses consent to the proceedings. What often happens is that a spouse will be served with papers, talk to a friend … [Read more...] about Can My Uncontested Divorce Become Contested?
Is A Legal Separation Required Before I Can Get A Divorce?
No, a legal separation is not required to get a divorce in New York, although it is perfectly acceptable under New York law to legally separate, and ultimately file for divorce after one year apart. Prior to the introduction of no-fault divorce, a legal separation agreement was the only way … [Read more...] about Is A Legal Separation Required Before I Can Get A Divorce?