Complex divorce requires the right representation

A couple may emotionally be ready to separate from one another, but dividing assets, business, real estate/property, and deciding custody arrangements can create complexities requiring a team of professionals to unearth.

For some couples, the decision to divorce is made with ease as both parties understand that each individual is better apart than when they are together. These uncontested, or ‘non-complex’ divorces can be managed swiftly and inexpensively.

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Child custody proceedings can be very tense and difficult. A clear path is not always visible, and tempers tend to flare. It is the job of the Law Guardian to communicate with all parties involved and make a recommendation to the court regarding custody and visitation.

Whether the marriage lasts 30 years or 30 days, the legal implications and responsibilities equally exist, and the equitable distribution of marital property is one such implication

In the event a marriage terminates, children unfortunately can become collateral damage. Family law therefore outlines child support for just this purpose—an ongoing periodic financial payment made primarily by the non-custodial parent for the financial benefit of the child following the termination of a marriage or relationship.

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Once a couple has reached the conclusion that their relationship should be terminated, one of the first steps taken is the development of a ‘Separation Agreement’ which serves as a binding legal agreement detailing child custody plans, support figures, and a division of responsibility for each member of the couple including bill payments and division of property.

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A legal document that outlines the assets of each party prior to merging those assets, defined as finances, intellectual property, physical property, inheritances, and even children from a previous marriage.

Most often referred to interchangeably with the term, ‘restraining order,’ an Order of Protection is a protective order from the court directing the offending person to refrain from causing physical injury, harassment, threats or harm, while also outlining regulations for maintaining distance away from school, day care, place of business, or any place frequently visited from the person obtaining the order (and included children) at all times.

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In the eyes of New York State law, physical abuse or neglect, sexual, and emotional abuse are all legally actionable forms of injury.

A subset category of abuse, neglectful treatment of an individual – be it a spouse, child, or even elderly person – rests in a relative ‘grey area’ under the law. As with most legal matters, proof of neglect typically decides whether or not action can or should be taken, and oftentimes, families are given broad leeway, making supportive action challenging for law enforcement, social workers, and child welfare agencies.

Child abuse can take many forms—even in seemingly not obvious ways. Maltreatment, or neglect, refers to the care, or lack of care, that a child receives from those responsible for that child. A perpetrator of maltreatment or neglect may deny the child food, clothing, shelter, medical attention or education.

When a child is born to a married couple, the husband is automatically considered to be the legal father of the child. However, when a child born to parents not married to each other, the father is not considered the child’s legal father until he has signed an Acknowledgement of Paternity.

Whether due to separation, divorce, abandonment, or adoption, some legal guardians and parents desire to change their minor child’s name. The process itself sounds simple enough and for most people, it is a matter of filling out and filing proper paperwork.