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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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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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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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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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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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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 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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For many people, divorce leads to long-distance parenting. According to the National Center for State Courts, nearly one-quarter of the nearly 18 million children of divorce have a parent living in another city. In addition, an estimated 75% of single mothers will move at least once within four years after divorce or separation. As a…

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One of the hardest—and most emotional—aspects of separation and divorce is child custody during the holidays. In many cases, it won’t be possible for your children to celebrate Christmas or Hanukkah with both parents. How can you keep the holidays special when only one parent is with them when they unwrap their gifts on Christmas…

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In New York, when a child is born to married parents, the presumption is that the husband is the legal father. When the parents are unmarried, it gets complicated. The law does not assume that the mother’s current boyfriend is the child’s father, and steps need to be taken before the putative father receives parental…

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Technically, yes. But that doesn’t mean it’s a good idea. Once a New York family court has issued a custody order, you and the other parent are bound by its terms unless you apply for a modification, which is generally granted only if you can demonstrate that circumstances have changed significantly since the order was…

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Last year, the New York Post ran an article revealing that Ashley Madison, the portal that connects cheating spouses, is as popular as ever despite a catastrophic data breach in 2015. The article stated that the company’s US revenue increased by 17% in 2016 and over half of its active users are female. Until 1967,…

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Your spouse was unfaithful to you for over two years, although you only learned about it a few months ago. You’re hurt, angry, and wondering whether her actions will have any impact on the outcome of the divorce. Will she lose her bid for custody of the kids? Receive less of the marital estate? Has…

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When someone files a lawsuit against you, you may be tempted to declare bankruptcy, especially if it involves a debt you can’t afford to repay. While bankruptcy can stop a lot of creditor lawsuits, such as collection actions by credit card companies and mortgage providers, some proceedings are not impacted by the automatic stay. Below…

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When a couple divorces, it’s rare that both spouses make the decision together. In most cases, there is one person who has already gone through an “emotional” divorce and wants to make the split legal. They say they want to divorce, often to the shock and confusion of their partner. This individual is what is…

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New York abolished common-law marriage in 1933, and other states soon followed suit. Today, only a dozen or so states recognize common-law relationships. They include Texas, Utah, Montana, and Rhode Island. This division raises some important family law questions. If you and your spouse had an officially-recognized common-law marriage in Texas (for example), and you…

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Valentine’s Day is just around the corner, and for the first time in years, you’ll be single. You try to tell yourself that it doesn’t matter, that the entire day is just an overblown social ritual, yet you suspect that you will be either buying a ticket for the Anti-Valentine’s Party in Brooklyn or avoiding…

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Although New York still recognizes fault-based divorces, it differs from states like Georgia, Mississippi, and Texas in that incurable mental illness is not one of the accepted grounds. When one spouse’s mental health condition causes them to behave erratically and aggressively toward their family, the other spouse typically cites extreme cruelty, which is grounds for…

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While some divorces are amicable and involve couples that are committing to treating each other fairly, others wouldn’t be out of place in an old Roman Coliseum. Both spouses are angry and determined to include a pound or two of flesh in the property distribution agreement. Venting is a common byproduct of this hostility. Although…

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What’s worse than not having the kids for Christmas? Not having them AND being out of the state or even the country over the holidays. Thanks to an increasingly mobile workforce, this scenario will be a reality for many divorced parents this season. It’s not a happy prospect, but remember one thing: the technological advances…

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Before divorce, your spouse may have been the one who balanced the household budget, trimmed the hedges, and fixed the occasional leaky faucet. Now that you’re single again, well-meaning friends are probably sending you the contact information for their favorite accountant, landscaper, or handy person. If you’re like most people after divorce, you’ve prepared a…

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Thanks to global trade expansion and an increasingly mobile workforce, more divorced parents are relocating to new cities, states, and even countries. According to the National Center for State Courts, nearly 35 million children in the U.S. have divorced or unmarried parents and approximately 25% of them have a parent that lives in a different…

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Technology is often blamed for situations leading to divorce: social media addiction, flirtation on Tinder, and other gadget-based rudeness and infidelity have all been cited as reasons for relationship breakdown. There are times, however, when technology makes your life easier, especially after divorce. The co-parenting apps listed below all make it easier for you and…

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Being a parent can be overwhelming. We want to do what’s best for our children by disciplining them for inappropriate or unacceptable behavior, but it sometimes happens that people who disapprove of our parenting methods overreact by calling Child Protective Services (CPS), who may conclude their initial investigation by taking the children away. Although CPS…

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Children are not the only ones who experience back-to-school excitement and jitters. Divorced parents do too, especially if they have been a stay-at-home mother or father for years and need to brush up on their skills before looking for a job. As the workforce and employer expectations change, many people go back to school to…

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Fatherhood includes certain obligations and rights. Once a child’s paternity is established, the father has the right to see him or her and be actively involved in his or her life. Even if he elects not to do so, then he still has both a moral and legal obligation to support the child. When a…

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As the last day of school before summer break approaches, we feel a more pressing need to confirm vacation plans for the summer. For divorced parents who have agreed to establish their own vacation schedule, this can be as difficult as it is exciting. We would love to take the kids to Disney World in…

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Parents are obligated to support their children even if their relationship comes to an end. When this happens, the typical arrangement is that the non-custodial parent pays child support to the parent who retains primary custody, with the amount calculated to cover the children’s needs and help them enjoy a lifestyle similar to the one…

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As the last day of school before summer break approaches, we feel a more pressing need to confirm vacation plans for the summer. For divorced parents who have agreed to establish their own vacation schedule, this can be as difficult as it is exciting. We would love to take the kids to Disney World in…

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Imagine this scenario. Your ex has been ordered to pay you child support after your New York divorce, and she does—approximately half the time. As the months pass, many payments are missed and the amount of back child support due to you increases. Then you find out that she has just filed for bankruptcy to…

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When two parties divorce, the ideal scenario is for both spouses to agree to a fair and equitable division of marital assets. That’s not always the way it happens, however. Spouses have been known to hide assets from each other in order to avoid having to share them. This is often the case when one…

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Once the decision is made to end your marriage, you’ll likely feel a powerful surge of emotions: grief, anger, sadness, maybe even relief. Chances are that your children are feeling just as strongly about the way their lives are about to change. How a child will react to the news of parental separation will vary,…

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