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Free Divorce Options Presentation Begin July 2018
What happens if I get divorced? How does the divorce process work? Will I have enough money to support myself and my children? Will I get to be with my children? How does custody and visitation work? What will happen to my house if we get divorced? What will happen to my business in divorce?…
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Tax Treatment of Spousal Maintenance – How Will the New Tax Laws Impact on my Divorce?
DEDUCTIBLE FOR THE PAYOR, TAXABLE FOR THE PAYEE — FOR HOW LONG? Alimony, now known in New York as maintenance, has as its premise in the idea that the so-called “monied spouse” in a divorce should make payments to the non-monied spouse in order to allow the non-monied spouse time to become self-supporting. Back in the…
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Tax Treatment of Spousal Maintenance II
Will the new federal tax law alter application of New York’s spousal maintenance formula? Last month when we posted about the tax treatment of alimony (called “maintenance” in New York), the new federal tax bill had not yet passed in both houses of Congress. Now it is signed into law. Good news and bad news.…
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DIVORCE MEDIATION – Can I also have my own attorney?
The title of the children’s book It Takes a Village could apply just as easily to divorce. Psychologists, social workers and financial advisors all have perspectives that may be useful to divorcing spouses, and many practitioners in these disciplines have successful businesses as divorce coaches. However, one profession that’s often overlooked when choosing a coach is lawyers.…
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Going the Last Mile in Divorce
By Jane Cottrell, Guest Blogger Katherine Miller blogged on the subject of why it’s so hard for people to finish their divorce. Kathryn Lazar wrote a blog (you can read it here) that struck me as a companion piece. When I thought about it, I realized that these two articles captured something I had experienced.…
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Splitting up or Divorcing? Top Ten Strategies to Maintain Your Sanity
Many divorce clients who meet with us for the first time are stressed out and imagining multiple horrible possible things that might happen. Most of those things won’t happen, but when anxiety takes over, it is hard to think straight. We strongly recommend realistic thinking — which is neither overly optimistic nor overly pessimistic. But it…
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Getting Divorced? Put YOUR Oxygen Mask On: Five strategies for surviving a break up
One of the biggest challenges people experience when beginning the separation and divorce process is maintaining their sense of sanity. Most people experience a wide range of emotions, and get caught up in the details of their own personal life. For most adults, this interferes with their ability to be good parents, to be good…
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Proper Courtroom Behavior and Attire
DON’T CANCEL OUT YOUR INVESTMENT IN LEGAL FEES BY DRESSING OR ACTING INAPPROPRIATELY A British website, judiciary.gov.uk, says “When you see a judge or magistrate sitting in court, you are actually looking at the result of 1,000 years of legal evolution.” The US judicial system is descended from the English system and inherits some but not…
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Recordings of Children – Can they be used in court?
IS RECORDING KIDS ILLEGAL EAVESDROPPING? Lately my work in custody cases has got me focused on the use of recordings of minor children as evidence in court. It’s so easy to record anything these days; just whip out your smartphone. But maybe using that smartphone isn’t so smart. When it comes to recording phone calls…
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How is Your Mortgage Affected During Divorce?
DEALING WITH THE MARITAL HOME MAY BE A CHALLENGE IN DIVORCE The website Credit Marvel published an article titled “How is Our Mortgage Affected During Divorce?” that we comment upon here. The article’s text is in regular type; our comments are in italics. Here it is: With all of the changes in the mortgage industry since 2008, divorce affects…
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Pendente Lite Motions
“LITE” DOESN’T MEAN LOW-CALORIE Pendente lite. It’s pronounced “pen-den-tay lee-tay” and it’s Latin for “pending the ligation.” The phrase refers to motions made before a court for judicial relief (outcomes) needed by a party during the pendency of a lawsuit, without waiting until it ends. For example, in a divorce the “non-monied” spouse may need to apply…
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Collaborative Divorce–A Process Option Whose Time Has Come
WHY COUPLES CHOOSE COLLABORATIVE LAW OVER COURT Kim Ciesinski recently wrote an excellent article in the New York Law Journal explaining the advantages of collaborative law over litigation in divorce cases. She identifies upsides including client-driven negotiation, privacy, emotional guidance and financial expertise. In addition, she characterizes types of couples who tend to choose litigation, mediation and…
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