Finding someone that you want to marry can change your life. If they already have children, you essentially gain an instant family. Becoming a stepparent is an incredible, rewarding experience. Eventually, as you build a strong bond with the children, you may want to remove the prefix from your t...
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.
Helping the kids cope with the holidays after your divorce
Whether your divorce is still pending or you've already made it through the process, the first holiday season after your split with your spouse can be rough. It may be even rougher on the kids. You and your co-parent both (presumably) want this holiday season to retain all its magic and wonder f...
Does moving out mean you’ll lose the house in a divorce?
Deciding to divorce in New York will mean making a lot of changes in your life. One of the biggest adjustments you'll probably have to make will likely have to do with where you'll live. If you and your spouse own a house together, you may not relish the idea of living together until you finaliz...
3 reasons why artificial intelligence can’t replace an experienced attorney
Artificial intelligence (AI) is being implemented quickly and thoroughly into almost every industry, including the legal arena. Tech companies are launching AI-driven services designed to serve both attorneys and clients. However, the advancements have left some questioning if AI is up to the job...
Important information for unmarried fathers
Unwed fathers in New York generally have the same rights as married ones do. However, they must be sure to establish paternity so that they can assert them. How difficult it is for a father to establish paternity usually depends on how amicable his relationship is with his child's mother. When pa...
How does annulment work in New York?
A divorce ends a legal and valid marriage. However, an annulment establishes that a marriage was invalid or illegal at its start. Not many qualify for an annulment, but before going through with a divorce, one may want to be informed about what qualifies for an annulment. An annulment has certai...
Protecting your credit when you divorce
A decision to divorce means that both parties have to try to untangle every aspect of their life. This includes the finances. While it might seem simple enough to do, it can actually be a complex undertaking. There are several things that you should consider if you and your spouse have accounts t...
3 kinds of therapy that can help your family during divorce
Intense emotions are common during divorce, and it could take you a couple of years to truly heal from the trauma of a failed marriage. When you have children with your spouse, there will be even more emotional fallout from the dissolution of your marriage. You and your spouse need to take care o...
2 kinds of assets you shouldn’t ignore when negotiating a divorce
Splitting your property will probably be a sticking point in your upcoming divorce. Spouses frequently focus on major assets like their houses and their retirement accounts when negotiating a settlement. However, all your personal property can have an impact on the overall value of your marital e...
This is how you can protect your children before, during, and after divorce
The pain and stress associated with divorce rank only second to the death of a loved one. While struggling with the legal, psychological, and financial issues associated with divorce, it is easy to overlook that your young ones need more attention than ever. The good news, however, is that childr...
Do you need to get a prenup?
If you think that you'll be getting married to your current partner, it's a good idea to consider getting a prenuptial agreement. This is generally true regardless of your age, gender or current socioeconomic status. A prenuptial agreement may make it easier to retain control of property that you...
Getting back on your feet after a divorce
Getting divorced represents a major upheaval in anyone's life, whether you live in New York or anywhere else. Not only is there a legal process to go through, but if a couple has children, they have to be eased through the transition as well. If the kids are young, it may be especially challengin...
Considering an uncontested divorce in New York?
There are generally two options for divorcing couples in New York State: contested and uncontested divorce. A “contested divorce” is one in which the parties fail to agree on some or all the aspects of the divorce, the judge just must schedule a trial, listen to both parties, and make a ruling. A...
Could divorce actually make you happier?
If you bought into the idea that marriage would give you a “happily ever-after” ending to your life, the idea that you're approaching a divorce can, quite naturally, fill you with dread. Take heart, however. While divorce was once seen as a dismal personal failing and something that could only le...
How do uncontested and contested divorces differ in New York?
Anyone looking to end their marriage should know that there are two options for doing so in New York – a contested and uncontested divorce. While both of these will result in the same result, which is an end to a couple's marriage, each process unfolds differently. If you're planning on gettin...
The rules for getting divorced in New York
Since 2010, couples in New York state have had the option to file for uncontested divorce. Other grounds to file for divorce from your spouse include that he or she engaged in adultery, was incarcerated for more than three years or abandoned the relationship for at least a year. You can also file...
Your ex wants to send your child to an expensive summer camp: Can you stop them?
You love your children, and you have absolutely no problems paying for their needs — but you don't believe that your child needs an expensive stay at a special summer camp this year. Your ex-spouse, however, thinks that a summer camp focused on coding, dance or music is exactly what your child n...
Does divorce take more than a year to finish?
If you're getting divorced, you may think back to your wedding day. You entered that day as a single person. Yes, you were engaged, but that's still “single” in the eyes of the law. You exited the day as a married person. Changing your status from one to the other, however, took just a few hours....
How often does divorce involve domestic violence?
For those trapped in abusive relationships, it may be difficult to decide how to leave those relationships. Outsiders will often just say that they need to get divorced immediately — as if it's that easy. Unfortunately, there are usually a lot of complications — not least of which is the abused p...
A co-parenting plan can protect your children
Divorcing New York parents might think they are shielding their children from the conflict and stress of their situation, but most children can still sense their parents' anxiety. There are ways to protect your children from the stressors of divorce, and that way is by developing a solid co-paren...
Have you considered nesting as a custody plan after your divorce?
Are you struggling to come up with a good child custody solution as you go through a divorce? It's not that you and your spouse are fighting over the kids. You both agree that you should share time and responsibilities. It's just that you're not sure how to do it. The children, after all, are ve...
Doing your taxes after divorce
Your first tax return after your divorce is going to be a challenging one. That's going to be true whether you were the one who always did the taxes during the marriage or the one who left that to your spouse. It's probably wise to work with a tax professional – and not the one you and your spou...
Avoid social media mistakes during divorce
If you are an avid social media poster, you may want to curtail your sharing during a divorce. Photos and information shared on Facebook, Instagram, Twitter and other social media platforms can have a negative impact on your legal prospects in a divorce. Some of the most common ways oversharing c...
Becoming emotionally resilient during your divorce
Going through a divorce can wreak havoc on your emotional health. Prioritizing your needs and processing your emotions can help you stay optimistic, as well as strengthen your ability to bounce back from disappointment. Emotional resilience requires time and consistency to develop. When you under...
Tips for joint custody in New York
If you and your ex-spouse have gone through the divorce process and you have children together, the judge may have issued a joint custody order. Under this order, both of you are custodial parents who spend roughly equal amounts of time with the children and have equal say in decisions regarding ...