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Your Options When Dealing With A Harassing Spouse or Ex-Spouse

Given the mental and physical toll of divorce, it is not unusual for one parent to start harassing the other (or even the children) over parenting decisions, child custody, child support or visitation. In these cases, the non-harassing parent might decide that the divorce settlement needs to be changed. This can be done, but there are steps you can take while the legal process works itself out. What is Harassment? Harassment can come in many…

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How Will a Restraining Order Affect My Divorce?

A divorce is stressful even under the best of circumstances. But when there has been domestic violence within the family, the affected spouse may not wait until the divorce is final. They may seek an order of protection–i.e., a restraining order–against the other spouse. When this happens, what does it mean for the divorce itself? What an Order of Protection Actually Means Not all restraining orders are the same. Depending on the facts and circumstances…

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Recognizing Domestic Violence

Domestic violence happens everyday in the Albany area. Unfortunately, we often do not see the signs that a family member, friend, or neighbor is the victim of domestic violence. Indeed, there are many victims who are not fully conscious of their own abuse. Victims frequently use denial as a coping mechanism–i.e., they try to convince themselves that the abuse is imaginary or somehow their fault. But domestic violence rarely goes away without intervention. If you…

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What Is a Collaborative Divorce?

The phrase “collaborative divorce” may sound odd at first. After all, when you think of divorce you do not think about “collaboration.” Instead, you imagine angry spouses battling it out in court over every last detail. But not all divorces are acrimonious or litigious. In many cases a marriage has simply run its course and the parties wish to separate in as amicable a manner as possible. Especially in cases where parents want to minimize…

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What If My Spouse Hides Assets During an Albany Divorce?

Aside from child custody, property division is typically the most contentious issue in an Albany divorce case. New York follows an “equitable” distribution rule with respect to any property acquired during a marriage. This means that if the parties cannot agree how to divide their assets, a judge will do so taking into account a number of factors to ensure a fair, but not necessarily equal, distribution. Unfortunately, some people try to game the system…

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What to Know About Child Custody and Support

Parents thinking about divorce are often confused about the child custody and support process. Maybe you wonder if your future ex-spouse will provide the financial support you will need to raise your children. Perhaps you or your children have been the victims of domestic abuse. Or you fear losing custody of your children during court proceedings. Whatever your concerns, before you begin the divorce process, it would be useful to acquaint yourself with child custody…

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5 Common Myths About Divorce in Albany

Divorce is a painful and emotional experience. Even under the most amicable of circumstances, ending a marriage is a confusing time for most people. This confusion is often compounded by a misunderstanding of how New York divorce laws actually work. Here are some of the more common myths we hear about in our office from people asking themselves, “what do I need to know about getting divorced in Albany?”: 1. If My Spouse Commits Adultery,…

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The Three Ways to Get Divorced In New York

Parents contemplating divorce may have visions of contentious court appearances, stubborn spouses, and emotionally injured children. Yes, all this is possible, but none of it is inevitable. Much depends on the willingness of each party to compromise and do what’s best for the children. Therefore, New York parents thinking about getting a divorce should know that there are essentially three options available to them. Mediation An alternative to court, mediation is a proceeding where a…

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Should I Consider Mediation For My Divorce in Albany, NY?

Divorce is often associated with heated court battles that take years to resolve. But in reality, most divorces are settled with little acrimony or fanfare. Many couples have simply grown apart and want to quickly resolve their outstanding financial and family issues so they can move on with their lives. For these couples, divorce mediation may be a helpful alternative to traditional litigation. How Does Mediation Work? In litigation, two parties submit their dispute to…

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Can Adultery Affect My Albany Divorce?

Divorce in New York State used to require proof that one spouse was at “fault” for the breakdown of the marriage. Adultery is probably the most common ground for a fault-based divorce. When you discover your spouse is cheating, you are understandably hurt and angry. You probably want nothing more than to expose him or her as an adulterer in court and get what is coming to you. But the reality is that since 2010,…

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