When is Spousal Maintenance Appropriate?

When you’re stuck in a marriage you no longer want to be in, it can be easy to feel trapped, especially if your spouse is the primary breadwinner for your family. Even when divorce seems like a reasonable choice from an emotional standpoint, the potential expenses (such as legal fees), on top of the loss of shared income and marital property, can be a massive deterrent against seeking separation from your partner.  This is exactly why the law of equitable distribution, child support and spousal maintenance were created.

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How is Child Custody Adjudicated in Family Court?

One of the most contentious issues that can come up in any family court case is that of child custody. Obviously, most parents want to be involved in their child’s upbringing, but when the issue of child custody is being adjudicated, there are no guarantees. Moreover, anyone who isn’t familiar with family law may be confused about how a court comes to a determination about custody in the first place.

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Why Get a Prenup or Post-Nup

When most people are getting married, they’re not thinking about the possibility of a divorce. A decision to marry is generally primarily based upon love and affection, not finances. However, the NY State views marriage as a financial contractual union.  In light of the fact that roughly 40 to 50% of all marriages end in divorce, it makes sense to consider the financial ramifications in the unfortunate event of divorce.   Although generally an unpleasant topic during the period of time that you are excited about starting a life with your partner, a prenuptial or postnuptial agreement may save a great deal on legal fees and time in the future while lessening the stress of wondering what will happen to your finances in the event of divorce.

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