A common question my clients ask me is can a court force the sale of the marital residence prior to divorce? Dividing real property in a divorce can be complicated, especially when it is not clear if the property is …
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Posts
Relocating During A Divorce With The Child
If you are a custodial parent, relocating during a divorce with the child. You must either reach an agreement with the other parent about the relocation or receive permission from the court to move away from the area with your …
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Taking Legal Advice From Friends & Family
When dealing with a divorce or Family Court matter, be careful taking legal advice from friends & family. You will inevitably speak with family and friends, and sometimes with co-workers about your situation. While I am sure they all mean …
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New York Is An Equitable Distribution State
New York is an equitable distribution state. This does not mean that marital property is divided “equally” but “equitably”. Equitable distribution allows a party in a divorce to seek a share of specific marital assets. New York’s Equitable Distribution Law …
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Disqualification or Recusal of a Judge, Referee, or Support Magistrate
Are you thinking about a Disqualification or Recusal of a Judge, Referee, or Support Magistrate in your divorce case? Judicial impartiality is a significant element of justice. Judges should decide legal disputes free of any personal bias or prejudice. As a …
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Spousal Maintenance f/k/a Alimony
Spousal maintenance f/k/a alimony is a payment from one spouse to another spouse. Maintenance is intended to assist a spouse who did not work during the marriage. In addition, it’s for spouses who earn much less than the other spouse …
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What To Do When You Are Served With Divorce Papers
What do you do when you or someone you know is served with divorce papers? To formally commence a divorce action in New York, the Plaintiff, the one starting the action, buys an index number from the Suffolk County Clerk. The …
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Orders Of Protection Family Court
When you are thinking about filing a Petition seeking Orders Of Protection Family Court, it is important to know the factors to consider. To begin you can only file for an Order of Protection in Family Court if you are …
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Child Custody Determination Laws
Child Custody Determination Laws govern all custody proceedings in New York, the main concern for the court in awarding custody is the “best interest of the child.” In addition, the courts must consider a myriad of factors including the stability of …
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Finding Common Ground
Watch Finding Common Ground on Saturday mornings at 10am on Altice Channel 115. If you can’t watch the show on TV, you can catch it on YouTube by going to the Phil Jusino YouTube Channel. Politics, law, and social commentary …
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