Court appointed neutral experts are regularly used in divorce actions. The agreement and use of only one expert for each area needing an expert can save litigants thousands or even tens of thousands of dollars and then some. Some situations do require each party to retain his/her own expert, but that is not the focus of this article. The focus …
If you badger your estranged spouse, ex-spouse or other parent of your child(ren) not to use the attorney he or she retained, you only guarantee he or she does use that lawyer and follows that lawyers instructions to the tee, even if to him or her in the long run. You will cause your estranged spouse, ex-spouse or other parent …
An attorney can act as agent of service for just about anyone to accept service of process on behalf of a person or corporation. This can result by merely retaining the attorney after an action has been commenced, and the attorney filing and serving a notice of appearance therein. But very often attorneys represent to another attorney that he or …
Too often, during a divorce action or custody battle, the man thinks he should show emotion and reactions to clue the court when the other side is lying. This does not work and actually causes him to appear unable to control himself. Too often, the woman gets away with the same behavior due to gender bias of expecting women not …
So, you and the other parent of your child met in NY, moved to MA, had a child there, and entered a settlement agreement in MA which became an order of the MA court. Then you moved back to NY having obtained joint legal and shared physical custody of your child. You have equal say in all important decisions of …
A forensic evaluator is often used as a tool in a custody and/or visitation case or within a divorce action to help determine who would be best suited to be the custodial parent and/or how much visitation would be appropriate. It also helps greatly in relocation cases. The ultimate decision as to who will have custody, the schedule of …
When going through a divorce involving custody and/or visitation, someone must be the adult even if the other parent is making it very hard. If the other parent is a control freak (usually the one with the children) let that parent think he or she is in control. Be a wolf in sheep’s clothing. Otherwise, to succumb to it and …
In divorce and family law court cases (including but not limited to: child custody, visitation, child support, spousal support, equitable distribution, and modifications) clients are always asking what can we do to make the other settle and agree. The answer is simple: “nothing.” If the other side could be made to agree, we would not be in court to begin …
So, you are in a divorce action or going through a custody or support proceeding and the other side lied or misstated the true facts. The decision went against you. Now you believe it was because of the untruths set forth by the other side. You want to try to reopen it if for no other reason than to “set …
Unlike some other states in this nation, New York does not recognize “common law marriage.” Common law marriage is a form of legal marriage that arises out of situations that did not include a wedding ceremony. Two examples from two other states would be (1) living together for seven years or more and holding each other out as each other’s …
