In Sequeira v. Sequeira, 2013 N.Y. App. Div. Lexis 2401 (1st Dept. April, 2013) the parties’ agreement provided the parents with joint legal custody, and equal input into all major decision about the child. When a dispute later arose and the parties disagreed as to a choice of school for their child, the Supreme Court awarded the mother temporary decision-making authority as to education, notwithstanding the terms in the parties’ agreement. On appeal, the Appellate Division upheld the Supreme Court’s grant to the mother of decision-making as to education, saying it was in the best interests of the child. Michael D. Weinstein, Esq. Family Law, Divorce Attorney
Some people think they can handle a divorce on their own, especially if they don’t have children (or they have grown children) and they’re not fighting bitterly. It sounds easy – you know what you and your spouse own, and you can figure out how to split it. Right? In trying to end a marriage quickly or amicably, many people make big mistakes and come to regret them later – because they overlooked assets or didn’t take the legal steps necessary to protect their interests.Be careful – it’s not always easy to know what property you’re entitled to and how to divide it. In trying to end a marriage quickly or amicably,many people make big mistakes and come to regret them later – either because they overlooked assets they could have shared, or because they didn’t take all the legal steps necessary to protect their interests. Even if you and
A New York couple never married, but they dated for 13 years, lived together and had a daughter. During that time, the man purchased property in Manhattan and in the Hamptons, and told the woman that the places were “their” homes. The woman claimed the man referred to the properties as “theirs” and to her as his “business partner” because she worked at the company he had founded. She also claimed he said things such as, “I will always take care of you,” and “What’s mine is yours, what’s yours is mine, it doesn’t make a difference,” and “Everything that we put in, we will enjoy together; we’re working so hard for our family.” The woman said that when she became pregnant again, the man persuaded her to have an abortion and told her that “If you don’t have the baby I will always be there for you and will
If you’re thinking about retiring, don’t just assume that your alimony will end when you do so. You’ll want to discuss this with an attorney to make sure you know your rights, and obligations. The highest court in Massachusetts recently held that voluntary retirement doesn’t necessarily mean that the obligation to pay alimony ends – even if the person retires at or beyond the typical age of 65. In this case, a couple divorced after 32 years of marriage. Their divorce agreement required the husband to pay the wife $110,000 per year until his death or until she died or remarried. When the husband turned 65, he voluntarily retired from his law practice, dramatically reducing his income.He then tried to terminate his alimony payments, but the court wouldn’t let him. Instead, the court reduced his payments to $42,000, and said that the husband’s decision to retire was just one factor
In Matter of Cadet v Lamour, 86 A.D.3d 538 (2011) the mother wanted to move with the child from Brooklyn to Newburgh. The court denied her request and awarded custody to the father, finding that the mother had interfered with the father’s visitation, failed to inform him of important matters regarding the child, (such as her contemplated relocation), and made decisions regarding the child’s education without consulting the father. A “relocation request must be considered on its own merits with due consideration of all the relevant facts and circumstances and with predominant emphasis being placed on what outcome is most likely to serve the best interests of the child,” Matter of Tropea v Tropea, 87 NY2d 727, 739 (1996).
Residency Requirements and Grounds for Divorce To file for a divorce in New York: You must have been married in New York and either you or your spouse must have lived in New York for one year prior to filing for the divorce, or You and your spouse must have lived together in New York, and either you or your spouse must have lived in New York for one year prior to filing for the divorce, or Your grounds for divorce occurred in New York, and either you or your spouse lived in New York for one year prior to filing for the divorce, or Either you or your spouse have lived in New York for two years prior to the filing of the divorce New York is Now a “No Fault” State; The Grounds for Divorce in New York Include: The marriage has irretrievably broken down for more than