In any type of court case, the only provisions and terms of a settlement deal that are enforceable are those expressly set forth in the written contract. In divorce, child custody, child visitation and spousal or child support the contract is usually referred to as a stipulation of settlement or separation agreement. I have had clients who have told me …
You need to make your divorce, and all of its issues most important to you, inclusive of child custody, visitation and financial issues such as spousal and/or child support and equitable distribution. When your lawyer asks you for information and or documentation, you need to show your case is a priority to you and respond timely. If your lawyer has …
Not long ago, I sat in the hallway of the Nassau County Supreme Court Matrimonial Center and heard a random husband rant at this divorce lawyer, then just out loud, that he wants the Judge to know its all his wife’s parents fault that they are getting a divorce. He was relentless in his ramblings. I initially thought he was …
When you are under a court ordered obligation to pay support, you must do so timely. It is important to be aware that payment of your support is not made when you send a check, and not when the check is received. Payment is only legally made when the check is negotiated for good funds by being deposited and clearing …
In divorce and custody cases, temporary resolutions are often arrived at “without prejudice.” In theory, that means, for example, moving out of the marital residence and leaving the children behind with the other parent is without prejudice to your claims to the marital residence and child custody or increased visitations schedule. This makes the person moving out think he or …
Too many people call me to handle their divorce asking for costs, informing me it is an uncontested divorce. Before answering any questions, I probe further. I ask if the spouse also wants the divorce. Often I am told no. Other times the person says yes, then I ask if the spouse agrees as to custody and visitation. Often I …
Perspective clients for divorce and family law cases tend to confuse me by using the wrong terminology. I have learned not to rely on the clients use of terminology and probe deeper to find out what is really meant. So, this article will address the correct usage of the terms most often misused by clients in divorce, child custody, child …
In divorce and child custody cases, too often a potential new client wants to tell me his or her story and what he or she thinks his or her soon to be ex should and should not be entitled to, and why. It is not easy to get some potential new clients to understand that they know their life story, …
When you are involved in a child custody proceeding in Family Court or as part of a divorce, you need to emphasize de-escalation of acrimony. Do not be reactionary to the other parent’s taunts, provocations or pushing of your buttons. You want the court to see that no matter what happens, you remain calm, rational and peaceful. Only then will …
So, your spouse attempted suicide months ago and you are going to try to use at trial for custody. You think your spouse had something evil to do with the death of the family pet last year and you hired an expert to testify about it at trial to try to get custody. Anything and everything traumatic that may have …
