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24/7/365 Emergency Hotline: 631-348-1702

If you have been arrested, or in case of an emergency, our attorneys can be reached 24 hours a day, 7 days a week, at 631-348-1702.

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Separate Assets May Be Divided As Communal Property

Generally, in a divorce, there are communal assets and separate assets. In New York State, all assets acquired during the course of a marriage are considered communal property. This is commonly known as shared property or marital property. Separate assets refer to property that is independently owned by one spouse. Today, distinguishing between separate property and the communal property has become more complex, due to more individuals having a significant number and range of assets.

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Collaboration for Co-Parents Is Key During the Summer Months

Summer break can be complex for divorced or separated parents. While children are off from school, making child custody arrangements for their daily activities or summer vacations may become problematic. It is important to remember that consistent and responsive communication will benefit all parties involved, resulting in a less complicated summer.

Here are a few tips for co-parenting in the most effective way:

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Make Sure To Disclose All Financial Information During Divorce Negotiations

An individual going through a divorce must disclose a material change in facts during settlement negotiations, otherwise, it may invalidate a settlement provision. On May 11, 2017 the Appellate Division, Third Department invalidated a paragraph of a divorce settlement separation agreement. The court remanded the matter to address the proper equitable distribution of funds.

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Losing Custody Due To Mental Illness

In many instances, parents suffering from mental health issues may not seek help due to the fear of losing custody of their children. In some states, a parent may lose custody of their child, if they are suffering from mental illness.

According to studies, 70 to 80 percent of parents suffering with mental illness lose custody of their children. If the parent becomes hospitalized in a psychiatric center then the children are often raised by grandparents or other relatives. Those without extended family are placed in foster care.

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Commercial Landlords and the Non-Residential Tenant Harassment Law

In September 2016, New York City enacted the “Non-Residential Tenant Harassment” law that increases protections for New York City commercial tenants. Under the law, a commercial landlord, or someone acting on his or her behalf, cannot harass a tenant into making them vacate the commercial property or surrender or waive their rights under an effective lease agreement. This includes the use of force, implied force, interruption of access to the property or services within the property, court proceedings, and the changing of locks in the property.

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How To Bring Up A Prenuptial Agreement With A Potential Spouse

Timing
It is important to bring up a prenuptial agreement as early as possible because it involves important binding decisions. It is important to have the conversation when each party has time to devote to the conversation. Continue reading “How To Bring Up A Prenuptial Agreement With A Potential Spouse”

Tragic New York Boating Accident Case Comes to a Close

As the weather heats up, more New Yorkers are taking their boats out onto the open seas. Although boating is a fun activity to engage in, it is important to recognize that it can also be extremely dangerous if certain precautions are not taken. Boat accidents may occur for various reasons, including boating under the influence, negligent speeding, or a manufacturers defect, among others. Recently, a New York man was convicted of manslaughter in a horrific boating accident that occurred on Lake George and resulted in the death of an 8-year-old girl and other serious injuries.

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Establishing A Father And Child Relationship May Preclude DNA Testing

According to the 2007 New York Family Court Act, paternity proceedings may be started at any time from pregnancy until a child is 21 years of age. If a motion is made by either party to perform a DNA comparison, the court may order the genetic testing unless the test is not in the best interest of the child. If testing is not within the best interest of the child, the court must provide in writing whether it is due to “equitable estoppel, the presumption of legitimacy of a child born to a married woman, or res-judicata, which means the issue has been judicially determined.”

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Custody over Pets

Getting divorced can be a very complex process. Divorce may involve the division of assets as well as custody negotiations. Today, custodial disputes over pets are also very common. In five years, the number of divorce cases involving a dispute over pets increased by 27 percent, according to the American Academy of Matrimonial Lawyers. Among these cases were disputes over animals such as dogs, cats, snakes, and parrots, among others.

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Motorcycle Accidents in New York

With clear skies and sunshine, the summer months are sure to be the peak time for New York motorcyclists to head out on the open road. Due partly to rising gas prices, more people are using motorcycles than in recent years. In 2015, there were 8.6 million private and commercial motorcycles on the road. With more cyclists on the streets, there is a greater likelihood for a serious motorcycle accident to occur. According to the National Highway and Safety Administration (NHTSA), fatal motorcycle accidents occur 27 times more frequently than fatalities for other motor vehicles. A number of various factors contribute to these serious accidents, including errors by motor vehicle drivers and distracted driving. Since New York’s no-fault laws generally do not apply to motorcycles, these types of accident cases are handled differently from other motor vehicle accidents.

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