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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…

Many of our clients are surprised to learn about the “no signature required” divorce process in New York. It is true that in New York state, a person can get a divorce without obtaining their spouse’s signature if their spouse failed to respond to the summons. This is called a “no signature required” divorce. If…

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…

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…

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…

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…

In New York and throughout the U.S., divorce and bankruptcy often go hand in hand. For many people, going through a divorce is one of the most financially and emotionally devastating experiences. Sometimes, a couple’s financial difficulties are the main cause of their divorce, and in other cases, the divorce itself becomes so costly that…

Anyone who lives in New York knows how expensive it can be. According to Rent Jungle, the average rent on a one-bedroom apartment is $2,979 a month, which is a 9% increase over last year. Everyday essentials also appear to cost more in the city than elsewhere. Therefore, it’s hardly surprising that so many New…

When New York parents cannot agree on a custody arrangement and visitation schedule, the matter often has to be resolved in court. While this can happen when the parents are determined to use the children as pawns in a bid to hurt one another, it can also arise when one parent sincerely believes that the kids…

When shopping for a new vehicle in the summertime, many people look for cars that have a sunroof. The appeal is obvious, especially on warm and sunny days: an open rooftop keeps the vehicle fresh and ventilated, provides a source of natural light, and makes for a romantic drive under the stars. Unfortunately, there also…

When you think about shark attack locations, the waters off the coast of New York don’t come immediately to mind. According to the International Shark Attack File retained by the Florida Museum of Natural History, the states with the highest number of attacks are Florida, Hawaii, California, Texas and the Carolinas. This doesn’t mean that…

According to the Insurance Research Council, an estimated 6.1% of all New York drivers are uninsured. That doesn’t sound like a considerable amount compared to states like Florida and Mississippi, where the rate is 26.7% and 23.7% respectively. However, if you or someone you love is injured in a crash with one of these drivers…

The moment your spouse moves out of the marital home (or you do) in preparation for divorce, your children will have two places to call home: their current residence and that of their other parent. The change may upset them in the beginning, as younger children in particular become anxious when their routines are disrupted,…

As parents, we know that getting hurt is practically a childhood rite of passage. Energy, enthusiasm, and curiosity result in accidental scrapes,cuts, broken bones, and other injuries that are painful at the time but soon heal. But when we entrust our children to daycare each morning before work, we never expect to get a call…

According to the American Burn Association, every year nearly half a million Americans suffer burns that require medical attention. Some of these injuries are severe enough to be life-threatening and permanently disabling. A burn is the result of tissue damage after the skin makes contact with heat or chemicals. More serious burns can even damage…

When a couple divorces in New York, it’s not only marital property that must be fairly evaluated and divided. Any debt accumulated during the marriage (and acquired for the benefit of both parties or their children) must also be equitably split between the spouses. Common examples of such financial obligations include: Mortgages Car loans Personal…

Back in March, Oklahoma-based company OK Foods Inc. recalled over 933,000 pounds of breaded chicken, citing concerns that the products could be contaminated by metal and other foreign materials. The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) stated that OK Foods Inc. became aware of the issue after five consumers alleged that…

Even people who have never been massive fans of Valentine’s Day tend to feel alone on the first February 14th after their divorce. All those flowers, chocolates, red roses and restaurant specials are glaring reminders that you are now single, and can increase any sense of loneliness you may be feeling. Fortunately, with some preparation…

If you are a New York father seeking full or shared custody of your children as part of a divorce action, it can seem at times as if you are fighting an uphill battle, even though research has suggested the following: Both mothers and fathers make unique and important contributions to the development of their…

It is no surprise that some of the most dangerous days of the year in terms of teen driving fatalities kicked off Memorial Day weekend – the period during which fatalities for individuals involved in an accident with teenage drivers jumps dramatically. A new research study from the AAA Foundation for Traffic Safety shows that…

A man was bitten and injured by a pit bull watchdog at a supply yard in Queens, NY according to the New York Law Journal on February 8, 2016. As a result, the man sued the owner of the property as well as several of its tenants. The man claimed that, due to the dog’s…

It is important to know that if you have been injured in a serious car accident in New York, you have rights. Those rights may include filing a personal injury lawsuit if you can show that the injuries you sustained were tied to the accident and that another driver’s negligent behavior led to the accident…

Across the country, more than a million annulments and divorces happen every year. While some issues like cheating or irreconcilable differences are cited by many individuals who file for divorce, new research from the University of Washington indicates that one particular behavior could be at fault for most divorce filings. This behavior is contempt. Researchers…

If you have been seriously injured in a New York car accident, then one of the most common symptoms you may be experiencing is that of back pain. Back pain may initially present as serious pain in one section of your back but due to the nature of being thrown about in the vehicle during…

If you have filed a personal injury claim with an insurance company, whether it is the other party’s insurance carrier or your own, then a claims adjuster may argue that the policy in question doesn’t cover the accident. Some of the most common reasons for this could be that the person who caused the accident…

Many individuals have heard the old adage that their credit will be destroyed after bankruptcy for up to a decade. Many individuals, however, find this not to be the case after they have gone through a bankruptcy and taken steps to establish their financial future successfully. There are several reasons to understand that you can…

It is not always easy to untangle a family situation when it looks like your marriage is ending, which is why more couples contemplating divorce are looking for alternatives as either short term or long term solutions. One example of such an alternative is known as a “bird’s nest” or “nesting” approach. In this situation,…

There are many challenges that married couples may face over the course of their time together, whether they are recently married or have been together for many years. It might not surprise you that one of the most common issues related to divorce has to do with finances. Couples who do not discuss finances openly…

Before contemplating bankruptcy, it is likely that you have explored all your other options fully. In the process of your research, you might have come across credit counseling as one potential way out. The marketers at the credit counseling agency can do a wonderful job of convincing you that your problems are solved by consolidating…

Even if you have never been through a divorce before, you might not be surprised to learn that it can take a significant toll on your mental health. Watching loved ones or friends live through the experience is frequently enough insight to warn you that it is very important to care for yourself during a…

Heading into bankruptcy, it is common to feel as though there are many unknowns. Some debts cannot be eradicated with bankruptcy, like an award from a personal injury lawsuit or child support, but there are exemptions that help to protect your property even when you file. Misunderstanding exemptions could lead to additional frustrations and disappointment…

Akai Gurley’s family has filed suit after Gurley was fatally wounded by a police officer in Brooklyn. Family members allege that this is just the latest newsworthy wrongful death case that calls police office behavior and training into question. Named in the lawsuit, which was filed last week, are police officer Peter Liang, the officer’s…

Being involved in an accident has the potential to turn your world upside down. Even when you are facing the many challenges of adjusting to life after a critical accident, you need to follow these steps to ensure that your rights are protected and that you have taken appropriate action if you wish to file…

In most courts, it was not possible to strip off unsecured liens from their homes for people filing for Chapter 7 bankruptcy. However, a three-judge panel of the Eleventh Circuit Court of Appeals made an unpublished decision in 2012 that offered hope for bankruptcy attorneys and their clients. They ruled that it was possible for…

Money judgments and income deduction orders may not be enough to compel some parents to pay their child support obligation. The Family Court Act provides judges with the authority to hold a nonpaying parent in contempt of court. The end result could be the incarceration of the parent. Three courts have recently had to deal…

Child support collection matters are usually handled in local or state courts under the laws of each of the individual states.  However, there are limited circumstances under which a parent owing money for the support of a child in New York could be confronted by a criminal indictment in federal court if he or she…

During a divorce, the separating parties can agree to divide their marital assets or a judge may write an order subjecting these assets to division. Marital assets include residences, assets, pension plans or anything else earned or purchased during the marriage. After divorce, these are typically subject to an equitable distribution between the spouses. Recently,…

Sometimes, a medical procedure does not turn out as planned. A doctor may or may not be liable for bad results. If the doctor is liable for these results, then he or she has committed medical malpractice. When a doctor has performed a procedure in a way that deviates from the normal standard of care…

When making a left-hand turn across another lane, the vehicle making a left-hand turn must yield to oncoming traffic. This is known as yielding to the “right of way” and is mandated by Vehicle and Traffic Law Section 1141 according to a July 1, 2014 New York Law Journal article. In the case at hand,…

In the case of In re May’s Estate, 114 N.E.2d 4 (N.Y. 1953), the highest court in New York held that a marriage between an uncle and his half niece would be recognized by New York, despite being prohibited by Section 5 of the Domestic Relations Law. A further look into the Court’s thinking explains…

A Navy veteran recently lost her lawsuit in which she claimed that the Northport VA, a New York medical center operated by the US Department of Veterans Affairs, committed medical malpractice. The veteran was being treated for back and knee pain. She faced disc degeneration and disc herniation according to a November 14, 2014 New…

The New York State Labor Law provides several protections for workers injured on the job. The laws are protections that allow a worker to cite a section of the Labor Law as the legal basis to be compensated in a court case if the worker is suing for money for damages related to an injury.…

It seems that Chapter 9, or municipal, bankruptcies have been on the uptick in recent years. San Bernardino exited Chapter 9 Bankruptcy protection just two months ago, but there are already challenges to the city’s court-approved plans and to the ways the city is handling those plans according to a January 8, 2015 Sacramento Bee…

Seniors in our northern neighbor, Canada, are having a hard time financially. They are dealing with increased levels of debt and bankruptcy filings according to a November 1, 2014 article in the Regina Leader-Post. More and more Canadians are retiring in debt without well-funded pension plans. In the United States, many people try to stave…

10% off Legal Fees through end of November As we continue to thank veterans and current service members for their dedication and for the many sacrifices they have made, we are proud to announce that they will receive a 10% discount on all legal fees for new cases started from today until the end of…

One judge heard a case in New York Supreme Court about equitable distribution between a divorcing couple. The principle of equitable distribution states that in a divorce, each party gets a share, usually half, of all marital assets. These assets may be stocks, bonds, pensions, real estate, shares of a co-op, or even a family…

An attorney’s duty is to represent his or her client zealously and to the best of his or her ability. If the attorney fails to do so, then the client can bring a legal malpractice action against his or her attorney for his or her negligence and/ or breach of fiduciary duties. A former client…

Divorce is not only time consuming and costly, but it is also very stressful and can be nerve wrecking. Therefore, when the divorce is finalized, which might be after many years, this might be one of the major accomplishments in one’s life. Thus, what better way to relieve your stress and show your appreciation then…

Most people should be aware of the facts that obtaining a divorce puts an end to their marriage. Moreover, this is one of the main reasons why many people seek assistance from lawyers. However, this is not the case with a Catholic, female, British resident named Mulcahy. Recently Mulcahy obtained a divorce and she claims…

In medical malpractice cases, the injured party must show the treating doctor or physician owed a duty of care to the patient and he or she breached that duty by deviating from the ordinary standard of care within the profession. Thus, the deviation resulted in injuries to the patient, which was caused by the doctor’s…

A Manhattan landlord tried to evict his rent stabilized tenant claiming that the tenant did not use the apartment as his primary residence, rather the tenant used the apartment as a business,  as reported by the New York Law Journal in a June 12, 2013 news article. A rent stabilized tenant means that the landlord…

There was a car accident that caused a pregnant woman who was in the car that was hit to have fetal complications, which resulted in an emergency caesarean section, as reported by the New York Law Journal in a March 20, 2013 news article. This baby did not survive, and the woman stayed home, and…

A pit bull, which was on a leash, was taken for a walk by its pregnant owner. The pit bull passed the home of the owner of a German shepherd and the German shepherd, which was on a leash attached to the railing of the porch, escaped and charged at the pit bull, as reported…

A Michigan father’s failure to pay his child support leads to the state’s Attorney General to get involved. According to a Time Magazine news article, the man fathered 23 children with 14 different women. For a period of time, 1988 to 1998, the father was having one baby a year. The Court criticized the man…

Today most people have a will which will allocate their real and personal property when they die.  As a result, this will usually reduce any disagreement or issues that might arise among the heirs. A will names an executor who oversees the will and make sure that the heirs get what is assigned to them.…

While a passenger was traveling in his co-worker’s vehicle, the vehicle entered an intersection where it struck an automobile that was trying to make a left turn at this intersection, as reported by the New York Law Journal in a March 18, 2013 news article. The passenger injured his right shoulder and had to undergo…

A couple that was married for about 25 years and had three children were having marital problems. The husband E.C., thought his wife, L.C. was cheating on him. When he confronted her and suggested that they should seek help she moved into their basement and then a few weeks later she found a form online…

By now most people are aware, or should be aware, that some divorces can be expensive, messy and lengthy. As a result, if a settlement is reached, then it can be very difficult for one party to find the money to provide to the other party as ordered by the court in the divorce settlement.…

Regardless of whether a divorce is easy because the couple agrees to it or if it is complicated since the couple will fight to keep everything, one thing that the couple hardly agrees on is alimony payments.  Alimony payments, or spousal maintenance, is when one spouse pays the ex-spouse monthly or weekly payment, which his…

An article retrieved from DMV.org revealed that New York is one of the no fault states that recognizes the no fault car accident liability insurance policy which could see a rise in insurance premiums of both parties affected by an accident. This type of coverage states that it is the responsibility of each person’s car…

Today with the slowly recovering economy some companies have to cut back on costs and employees in order to ensure that they strive and prosper economically.  As a result, these companies are getting rid of or laying off many employees as this is one of the quickest and easiest ways to reduce financial costs. Recently…

Three sons find themselves arguing over probating their father’s will in the New York Surrogate court, as discussed in a January 18, 2013 New York Law Journal article. The executor of the will sought to have his brothers’ arguments dismissed after they objected to the selling on the main asset of the estate. According the…

A woman while walking on a sidewalk tripped and fell due to the defective sidewalk. As a result, she sustained personal injuries, and she brought a suit against New York City to recover monetary relief for her injuries. New York City in response to the suit, made a motion to have the case dismissed because…

A housing dispute was dismissed on the grounds that it dealt with a family relationship, as reported by the New York Law Journal in a decision article published December 5, 2012. The man, a superintendent, obtained the unit through his employment and sought to evict his ex-girlfriend on the basis that she did not reside…

Within the four major sport’s leagues in the United States: Major League Baseball, the National Basketball Association, the National Football League and the National Hockey League, there are very few gay active players today. The reason being is that the public usually looks down on these gay athletes. Moreover, these gay athletes are afraid that…

Certain student loans are scheduled to have their interest rate double in roughly three months if Congress does not interfere, as reported by the Los Angeles Times in an April 3, 2013 news article. In 2007, Congress voted to lower the interest on student loans to 3.4% but now the governing bill is up for…

A mother’s motion for having the courtroom sealed for one of her witnesses was denied by the New York court for hindering the defendant’s rights. According to a New York Law Journal article published on November 16, 2012, the mother moved to seal the courtroom during a hearing regarding a sexual abuse matter. The witness…

Two New York children were denied their mother’s petition for a first and surname name change, as reported in the New York Law Journal on November 7, 2012. Although the father of the children consented to the name change the New York courts found that the change was not in the best interest of the…

The Appellate Division, Third Department, held that an action that began as a fault-based matrimonial action before the enactment of New York’s no-fault statute can be maintained as a new action under the new law, according to the July 13, 2012 issue of The New York Law Journal. This is the first time that a…

Husband brought a holdover proceeding against his wife and her child. A holdover proceeding is when a landlord seeks to evict the tenant and it is not based on not receiving rent. The wife sought to get this claim dismissed because she resided in the marital residence. The husband had received an ex parte divorce…

Courts are requesting the Legislature to reconsider §216-c of the New York Family Court Act, which ensures pro se litigants have access to the courts. As the June 4, 2012 edition of the New York Law Journal states, after a petitioner filed three family offense petitions against her brother for physical and verbal abusive, which…

Before e-gift cards, available online at a variety of sites, there were credit card-like gift cards. Before gift cards came gift certificates, often handwritten. They were valid, almost exclusively at restaurants, and movie theaters. Now, a lawyer is offering divorce gift certificates, according to a July 12, 2012 Huffington Post article. Giving gifts gives great…

The New York court saw their first trial regarding a No-Fault divorce dispute, as reported by the New York Law Journal in a January 26th, 2012 news article. In 2010 New York enacted a bill that allowed no-fault divorces. No-fault divorces are intended to help speed along the lengthy process of obtaining a divorce. Additionally,…

Wife Elvira claimed that the Manhattan venue for her divorce suit was improper and moved for a change of venue to Suffolk County, the New York Law Journal reports on May 14, 2012. The court accepted her plea, as neither wife nor her husband lived in Manhattan, thus making it an improper venue. The court…

A town judge was removed from the bench after being found to have acted with ill intentions, as reported by a June 27, 2012 New York Law Journal published article. After reviewing the judge’s cases it was found that on multiple occasions the judge presided over legal matter that involved his girlfriend without disclosing to…

An award of attorney fees in a divorce matter was overturned and dismissed on the grounds that the parties’ incomes were similar. According to a June 27th, 2012 decision published New York Law Journal article, a New York court dismissed a lower court’s decision to award compensation to the wife for attorney fees. Attorney fees…

In People vs. Fernandez, Marcos Fernandez was accused of sexually abusing his female cousin, who was eight years old at the time of the alleged abuses. During the court case, covered by a June 29, 2011 New York Law Journal article, at the New York State Court of Appeals, the accused’s parents testified as witnesses…

A divorcing Long Island woman is now facing a possible criminal sanction for allegedly looking at and removing confidential documents from an opposing lawyer’s office, as reported by the New York Law Journal in a September 1st, 2011 article. The divorcing individuals and their lawyers met at the husband’s lawyer’s office to discuss a final…

In October 2010, New York State added a no-fault ground as a way to file for a divorce. This means that couples seeking divorce are no longer required to prove that their divorce is the result of specific types of marital disputes. Interestingly, New York was the last state in the nation to adopt no-fault…

Over the past 20 years, divorce among people over 50, has doubled, according to researchers at Bowling Green State University. TODAY reported about the “gray divorce” phenomenon on June 8th, 2012. Sociologists expect the numbers of divorces in this age group to continue to rise. Gray divorces may be rising because of changing cultural norms.…

A May 27th, 2012 article in the New York Times reported that half of all marriages in the United States end in divorce. According to the National Center for State Courts, 1.2 million people in the US filed for divorce in 2009. Dutch ‘Divorce Hotel’ Jim Halfens runs “Divorce Hotel” at six hotels in the…

Many matrimonial attorneys have been up in arms over the confusion caused by the new spousal support laws but the opposite holds to be true with the new no-fault law established around the same time. According to an October 12th, 2011 New York Law Journal article the same attorneys that speak negatively about the new…

Statements made by highly publicized right-winged religious leader Pat Robinson may have gone a little too far this time for him to be saved, as reported in a September 16th, 2011 New York Times news article. Mr. Robinson reportedly gave the green light for one of his callers to divorce his wife because she suffered…

Your Miranda’s rights may soon have to have an additional statement to it, “and anything you post on your Facebook.” More and more courts are accepting information from people’s Facebook accounts as evidence in support of a legal suit, as reported by an October 1st, 2010 New York Times article. The New York State Bar…

Remarks made by television religious host Pat Robertson on divorcing a spouse who has Alzheimer has sparked a great debate, as reported by the New York Times in a September 16th 2011 article. Although majority of the public appears to be greatly offended by Mr. Robertson some people in the medical field are coming to…

A law firm retained by the Roman Catholic Diocese of Kansas City found that the diocese failed to respond to sexual abuse claims against its own priests, as reported in a September 1, 2011 New York Times article. Accusations have been levied against Rev. Michael Tierney, who is thought to have sexually abused minors and…