New York family courts do not handle legal separations, but you can still obtain one ahead of or instead of a divorce. Married couples create separation agreements for several reasons, sometimes as the basis for a future divorce. Many couples opt for legal separation because their faith or cultur...
Albany Family Law Blog
Divorce and Family Law Blog
Joanne P. Monagan, Esq., Managing Attorney
My intention is to create a journal (blog) of topical and current information about family law issues that will be of interest to our clients and prospective clients. Sources for blog posts will be my own experiences, experiences reported by my colleagues, relevant articles, news and information about the courts, judicial decisions of interest, your questions, and related information. We intend to post frequently, so please stay in touch with our website and be sure to contact our office if you desire a consultation. We will always stand by you.
Do you have custody rights as an unmarried New York dad?
To most people, conversations about child custody involve divorce. Married couples will usually need to reach an agreement about how they split parenting time and decision-making authority or go to court to create a custody order. However, you do not need to marry the mother of your children to h...
Prenups vs. postnups: Which one do you need?
Marriage is a big life event for many people. It could mean spending the rest of your life with your betrothed. Marriage often means combining your assets with your spouse – but if anything were to happen to put that marriage in danger, you need to consider how to protect your assets. People have...
Should you leave the marital home before finalizing the divorce?
When divorce is underway, it seems only natural for one spouse to leave the marital home before the whole process is finalized. This is especially true when the divorce is heavily contested or if you are not on the best of terms with your soon-to-be-ex. But is this always a good idea? Before movi...
Stability is very important for children after divorce
Children are still learning about their place in the world and how they fit in. Something like divorce can make them question this or feel like they are being subjected to unexpected events outside of their control. As a parent, one way that you can counter this is by focusing on stability after ...
Focus on quality of time with your children after divorce
Parents who are going through a divorce have to think about how they can best use their time with the children. They're likely going from having ample time to an arrangement when they only have a limited time. Some people think that they need to cram as many activities as possible into their pare...
What makes gray divorce so common?
It's clear that gray divorce is popular in the United States. This term generally means people who are getting divorced when they are 50 years old or older. We know it's popular because the rate has been increasing. Some studies even claim it has doubled. This is all happening at the same time th...
What is gray divorce?
You met your spouse when you were both in the eighth grade and the attraction was instant. After high school graduation, the two of you were married and have been together ever since. Now that you are both in your early 50s, things aren't going so well. You find yourself thinking about leaving yo...
A child’s best interests: Potential key factors
If you ask the divorce court what they're going to use as a measuring stick when trying to determine how to divide child custody, they will tell you that they're just going to consider what is in the child's best interests. The overall goal is to determine what will be best for the child and then...
Signs that a divorce may be on the horizon
Your wedding day was one of the happiest days of your life. This goes for your spouse too. You had visions of a life spent together, and bringing children into the world. For a few years, everything went according to plan. However, in recent weeks you've noticed a dramatic shift in how you and y...
Organizing your paperwork is crucial to your custody case
Separating from your partner can be stressful enough in itself. The divorce process has numerous aspects that must all be settled before the divorce is approved by the courts. Property must be divided according to the equitable distribution process relevant to New York. This means dividing debts...
What happens if we both want to keep the house in the divorce?
Some houses are just places you live in, and some are homes. If yours falls into the latter category, you probably put in a lot of time and effort to make it that way. Imbuing a property with character can be a lifetime's work, so you may be very keen to keep it when you divorce. Yet so may your ...
How can you improve your divorce?
Few divorces are enjoyable, yet some are much less traumatic than others. Some of that comes down to what you do during the divorce and some to what you did before. For example, a prenuptial agreement allows you to pre-determine many of the financial decisions you will need to make should your ma...
Who else will your divorce affect?
You and your spouse are the ones divorcing, so you will suffer most of the fallout if your divorce turns into a torrid affair. Yet, it is not only you. Any divorce will affect other people to lesser or greater degrees. The obvious ones are your children, and it might even affect them more than yo...
2 reasons to strongly consider joint custody after a divorce
Love is a beautiful thing. However, the same cannot be said of divorce or separation. If a romantic relationship ends in a divorce or separation, one of the important matters the couple needs to address is child custody. This can be an extremely difficult subject both for the parents and the chil...
Can I get remarried as soon as I get divorced?
Getting divorced in New York is a complicated process but can you remarry as soon as you get divorced? The answer is yes. You can get remarried as soon as you get divorced, assuming that all of your divorce proceedings have been finalized. There is no waiting period, and you can remarry as long a...
Is it a good idea to separate siblings after divorce?
As a parent, your priority is to do what's in the best interests of your children. You have two children who don't get along well. One is a teenager, and the other is still in elementary school. They're several years apart in age and have completely different personalities. Your concern is that t...
Why separate birthday parties for a child can confuse them
If you're divorcing and will be sharing custody of a young child, it's wise to determine how you will share or alternate holidays with them. As you work out holiday schedules, don't forget to include your child's birthday and how you'll celebrate it. For many kids, their birthday is a holiday – a...
Teamwork makes sharing custody easier
Children who learn that their parents are divorcing usually have some fear about what's going to happen. It's up to the parents to put those fears to rest so the kids can thrive despite the changes in their life. When the adults can work as a parenting team after their marriage ends, the children...
Should you create a new custody schedule for 2022?
When you're divorced or separated from your children's other parent, one thing you have to do is keep up on a custody arrangement. This year, you may have had a custody agreement where you had the kids from Monday through Friday, saw them on two major holidays and had the other parent take care o...
What happens if I can’t locate my spouse during the divorce?
If you are living in a scenario where your spouse has left with no forwarding address or information on where they are, you may be having a hard time getting in touch to start your divorce. The way New York state law works is that the defendant has to be served with a Summons with Notice or Summo...
How to approach your partner about a prenuptial agreement
Getting married is one of the most exciting moments of a relationship. For this reason, a lot of time, money, and emotional effort is invested in planning the wedding day. Nevertheless, the harsh reality is that many marriages do not go the distance, and couples often fail to plan for this possib...
Common mistakes that can ruin your child custody case
One of the fiercest battles during the divorce process is usually the fight over child custody. It is not unusual for parents to go to extreme lengths to ensure they do not lose the custody battle. And in doing so, parents often make costly mistakes that can potentially ruin their chances of secu...
Pets are no longer property in some divorce cases
New York has now become one of the few states in the country where pets will be treated similarly to children in divorce cases. Up until now, deciding who got to keep a pet was a property division issue. Now, the best interests of the pet will have to be considered. New law goes into effect immed...
3 commonly asked questions about prenuptial agreements
When considering either divorce or marriage, you may have come across the term prenuptial agreement. Often, prenuptial agreements are associated with extremely wealthy couples and high-profile divorces. However, prenuptial agreements can be utilized by people from all walks of life. Much of the c...