What is considered a high net worth divorce?

If you are getting divorced, you are probably concerned about what will happen with your hard-earned assets. The emotional stress of divorce is often compounded by financial stress. If you or your spouse have a high net worth, you may be even more concerned about how your assets will be divided. What is a high…

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When does child support end in New York state?

Even after parents are divorced, there will still be essential matters to figure out. On top of dividing their property and debts, alimony, and child custody decisions, child support will also be an important aspect of the divorce. For those going through the divorce process for the first time, it is natural to have questions…

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Is New York a fifty-fifty divorce state?

If you are considering getting divorced in New York, you may be wondering if New York is a 50/50 custody state. Many parents would prefer an equal 50/50 split of time with their child or children. New York family courts are not required to split custody equally between parents, but they prefer to allow both…

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A guide to fathers custody rights in New York.

Historically, when parents decided to separate or divorce legally, courts nearly always awarded the mother custody of the children. Today, our culture has recognized the importance of fathers’ rights and parents of either sex in parenting effectively. As a result, the laws are different, and courts may not award child custody to a mother simply…

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what constitutes an unfit parent in new york

Disputes over child custody can be among the most challenging parts of a divorce. In many cases, both parents want to spend as much time as possible with their children. In New York, courts decide custody matters based on what is in the child’s best interest. No parent is perfect, and some imperfections in parenting…

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who pays for legal fees in new york divorces

If you are considering filing for divorce in New York, you may be concerned about the legal fees. At the Law Offices of Jason Lutzky, our clients commonly asked us whether one spouse will be responsible for the other spouse’s legal fees. Under New York law, the spouse with more resources and income, sometimes called…

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Does adultery affect divorce in New York?

Adultery is a common factor in many divorce cases in New York and across the country. If you are considering getting divorced after learning that your spouse has been committing adultery, you are not alone. Spouses in New York have the option of seeking a no-fault divorce or a fault-based divorce. In New York, adultery…

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Are you considering filing for divorce in New York? If so, you may have questions about whether you have valid grounds for divorce. New York was one of the last states to pass a no-fault divorce law, allowing couples to get divorced due to their marriage’s irreparable breakdown. Even though most couples file for no-fault…

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When a couple gets divorced in New York, a family court judge will divide their marital property equitably. Judges don’t always divide marital property in a 50/50 split. Instead, they use multiple factors to determine what type of property division is fair for both spouses. New York’s equitable division process can be complicated and difficult…

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When we go to the hospital or our doctor’s office, we trust that our medical providers will act in our best interests. Unfortunately, doctors do not always act in their patients’ best interests. Sometimes doctors act negligently or recklessly when treating patients and cause them great harm. In some instances, patients injured by their doctors…

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IDV judges hear cases that involve the same parties or family where there is a family court order of protection case plus a matrimonial case, a criminal case, or both, and the main issue in each case is domestic violence. The cases must be filed in the same county, and the IDV judge must accept…

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Concussions are a mild type of traumatic brain injury. They result from sudden blows to the head or violent skull movements often witnessed in motor vehicle accidents as well as slips and falls and falls from height. Although not as severe as some injuries, they can lead to complications, one of which is post-concussion syndrome.…

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An Order of Protection is an Order issued by a court specifying the type of conduct that the opposing side must follow. An Order of Protection can be issued in a matrimonial action, in criminal court, or family court. If there is a pending divorce action, the party seeking the Order of Protection can file…

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One parent can file for child support if the child lives with that parent for a majority of the time, and the child’s parents do not live together. The petition can be filed in the county where one of the parents resides pursuant to New York Family Court Act Section 421. If the child does…

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Military parents have the same obligations as civilian parents when it comes to supporting their children financially. When they try to evade that responsibility, you may encounter special challenges because military spouses are employed by the federal government, and there are certain steps that you need to take to collect outstanding child support. How much…

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Last March, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed into law to mitigate the economic effect of COVID-19 on U.S. residents. It included temporary modifications of the U.S. Bankruptcy Code, which are summarized below. Some federal income is excluded from the “income” definition Traditionally, courts have looked at your disposable…

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When you’re struggling with mounting debt balances, bankruptcy can give you the financial relief you need- unless your goal is to eliminate student loan debt. This is not to say that you can’t discharge your student loans, but it’s extremely difficult, and the chance of success has traditionally been low. For a bankruptcy court to…

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If you were preparing for divorce in early March, then the pandemic most definitely stalled your plans. When COVID-19 put New York on pause, everyone was ordered to shelter in place, and the court system was limited to non-urgent matters. If the lockdown took effect before you and your spouse had the chance to separate,…

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When you’re in a motor vehicle accident, you can suffer serious injuries that include deep bruises, lacerations, and broken bones. Although these injuries are painful and the treatments uncomfortable, they tend to heal, allowing you to resume your normal day-to-day activities after you are sufficiently recovered. Catastrophic injuries are different in that you never fully…

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COVID-19 has presented practically all New York residents with economic and social challenges. Schools and nonessential businesses that cannot operate online remain closed, which means that divorced couples with children are facing parenting challenges that they could not have anticipated at the time of separation. Below is an overview of some general do’s and don’ts…

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Even when your divorce is expected, you’re going to struggle with intense feelings like anger, depression, and heartbreak. It’s hard, and maintaining your usual high performance can be difficult, especially if your divorce is contested and you’re facing weeks or months of litigation. Although you are not legally required to tell your boss about the…

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There are many occupations that require you to have a security clearance. They include positions in the military and government, weapons manufacturing, software and aerospace engineering, and more. When you work in one of these industries or are planning to seek a job there, you may be worried that bankruptcy will jeopardize your career prospects.…

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After your divorce, the court awarded joint legal custody of your six-year-old daughter to you and your ex. It was agreed that your former spouse would have sole physical custody while your daughter visited you every other weekend and had one weekday overnight on Wednesday nights. This arrangement worked for nearly ten years. Now your…

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Earlier this month, Governor Cuomo confirmed that there has been an increase in reported domestic violence incidents across New York during the pandemic. According to his office, there was a 15% increase in March and a 30% increase in April. It is clear that the lockdowns and shelter in place orders have had a detrimental…

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The coronavirus pandemic has had a serious impact on small businesses all over New York. Those in non-essential industries have had to transition their operations online or close down. Restaurants and other foodservice businesses have converted to take-out or delivery only, which may allow them to remain afloat but forces them to lay off a…

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With over 187,000 reported cases and more than 19,000 deaths, New York City continues to be an epicenter for the novel coronavirus pandemic. Social distancing remains in place, and non-essential businesses that can’t operate online remain closed. If you worked at one of these businesses, you’re probably worried about your financial situation. Below is an…

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A case gets to Integrated Domestic Violence Court (IDV Court) if the same parties or the same family has a case in family court for an order of protection plus a matrimonial case, a criminal case, or both, in the same county and the main issue in each case is domestic violence. One of the…

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IDV stands for, “Integrated Domestic Violence,” and there are special IDV courts or “parts” that hear these cases. IDV courts hear cases when one family has a criminal court case along with a family court case, a matrimonial case, or both in the same county, and the central issue in the cases is domestic violence.…

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On March 25, a 51-year-old man who worked at a suburban Chicago Walmart died from coronavirus. On April 6, his family filed a wrongful death lawsuit against the store, claiming that it had failed to warn the deceased and other employees that their co-workers had COVID-19 symptoms. (Incidentally, another employee died from coronavirus complications four…

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A power of attorney is a legal document that gives the person who you select the authority to act on your behalf. The person who is selected becomes the agent, and the person on whose behalf they are acting is called the principal. A person should have a power of attorney because it allows the…

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If during the COVID-19 pandemic, you need a notary, then the document will have to be E-notarized, meaning Electronically Notarized. There are a few steps that must be done before the document can be E-notarized. First, you need to find a notary who is able to set up a video conference and have electronic capabilities.…

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When New York on PAUSE took effect on March 22, it affected thousands of businesses and their employees. All companies offering non-essential services were subjected to a mandatory closure, and workers whose jobs could not be transitioned online were laid off indefinitely. Consequently, businesses like hairstyling salons, theaters, gyms, and clothing stores have been shuttered…

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Due to this unprecedented health crisis, many New Yorkers are struggling to take care of their families and make ends meet with a diminished income. Sometimes, the financial challenges are so great that you may be wondering whether bankruptcy can lighten the burden. While bankruptcy will make sense for many people, it doesn’t have to…

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A divorce can be a tough, emotional, and challenging process, especially when some of the factors involved are minor children, property, pensions, and businesses. It is important to speak with an attorney before starting a divorce action, so you are aware of your rights and what you are entitled to or possibly entitled to from…

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Starting this Monday, April 13, 2020, the Bronx County Supreme Court matrimonial part(s) will resume hearing its matrimonial cases. Currently, there are three Matrimonial Parts located within the Bronx Supreme Court, and these parts are presided over by Judge Alpert, Judge Gouldbourne, and Judge McShan, who is transitioning to another division, and Judge Martin. Judge…

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The coronavirus, officially known as COVID-19, has affected thousands of people across the globe. Despite the social distancing and quarantine measures, the number of cases in New York continues to go up. On March 28, CNN reported that one-third of the country’s reported cases are in the state. Despite the seriousness of the situation, not…

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The quarantine imposed by the COVID-19 pandemic appears to have had a detrimental impact on already troubled marriages. Divorce rates are going up, which shows that couples who previously enjoyed ample time apart have not reacted well to long hours under the same roof. In Xi’an, China, divorce requests multiplied so fast that appointment slots…

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When Amazon opened its first New York City warehouse in September 2018, it was hailed as a major economic boost. With over 350,000 full-time employees across the globe and a lot more working part-time or seasonally, Amazon is a leading and high-profile employer. For those who work in a warehouse, a typical day involves a…

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According to the Centers for Disease Control, over 1,000 injured in accidents involving distracted drivers every day in the U.S.  Like many states, New York has strict laws about using handheld devices while driving, but people keep sending and reading texts when they should have their eyes on the road. When a distracted driver crashes…

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When the court orders a custody and parenting time schedule, it typically meets the needs of everyone’s present circumstances. But what if an emergency–in this case, the COVID-19 pandemic–makes that arrangement unsustainable? What if you feel that it’s not safe for the kids to travel to visit their other parent? Although everyone’s situation is unique…

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When you file for Chapter 7 bankruptcy, you are required to surrender any nonexempt property to your trustee, who could then sell it and distribute the proceeds among your creditors. Therefore, many people worry that the trustee may come to their home to inventory everything, distressing the family, and catching the attention of neighbors. While…

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The National Highway Traffic Safety Administration estimated that in 2013, drowsy driving contributed to 72,000 collisions that killed 800 people and left 44,000 others injured. It’s an extreme outcome that is, unfortunately, not surprising. Various sleep studies have shown that when you drive after 24 hours without sleep, it is the equivalent of driving with…

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Anyone who files for Chapter 7 bankruptcy in New York will have to include a form called a Statement of Intention, which is used to provide the following information to your creditors, trustee, and the court: Which debts are secured by collateral (secured) How you plan to address your secured debts Although the automatic stay…

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When you are injured in a car crash in New York, your insurance provider will cover your basic economic losses in accordance with the state’s “No Fault” insurance law. If you sustained serious injuries (e.g., fractures or permanent loss of a body part) or your medical bills exceed $50,000, then you can sue the other…

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Some debtors who file for Chapter 7 bankruptcy try to minimize their losses by paying back preferred creditors like friends and family and transferring property that’s not likely to be protected by a bankruptcy exemption. When this happens, the bankruptcy trustee has the legal authority to undo these transactions and claim the money and property…

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