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Property Distribution NY

Equitable Division of Property in a Divorce How to Divide Property Equitably—What the Court Considers Deciding what to do about the marital home is just one aspect of the bigger question of how to divide your marital property in the divorce. If you and your ex are negotiating a no-fault divorce, you can work with your respective attorneys to iron out a settlement agreement that works for both of you. If it goes to litigation,…

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Prenuptial Agreement NY

Prenuptial agreement in NY

Is a Prenup the Right Thing for You? Unfortunately, there are a lot of misconceptions and misunderstandings about prenuptial agreements. For many couples, prenups can be useful. They provide real benefits, important clarity, and help to facilitate open and healthy communication. At the same time, prenups also carry a certain stigma, which makes many people inherently resistant to signing one. However, there is strong evidence that the stigma is changing. Recently, the American Academy of…

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Divorce Finances

Financially Preparing for a Divorce A divorce is one of the most emotional events a person will go through. It’s also one of the most costly.  The average cost of a divorce ranges from $15,000 to $30,000. Given that this such a huge number, it’s a good idea to prepare for a divorce ahead of time. If you think you might be ending your marriage soon, now’s a good time to start saving up. Before…

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Spousal Support Lawyer

Figuring Out Spousal Support in a Divorce —How It Works and How to Secure the Support You Need Once you’ve ironed out equitable distribution of your marital assets and debts in your divorce, you still have to figure out the matter of income and ongoing support—both for you and any children you may have. Unfortunately, determining these amounts can get quite complicated here in New York, and for that reason, it frequently causes contention between…

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Grandparent’s Visitation Rights

At the Colwell Law Group, we regularly hear from grandparents who are being denied visitation with their grandchildren. They are very upset, and they want to know what rights they have. The truth is that the law is very convoluted when it comes to grandparents’ rights. Although you might have the ability to obtain visitation, you will need an experienced family lawyer by your side to guide you through this process. Visitation Children benefit from…

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Father’s Legal Rights to Child

What are My Rights as a Father? New York law regarding fathers’ rights has changed dramatically. Not too long ago, judges automatically gave mothers custody and ordered fathers to pay child support and alimony. Today, courts treat mothers and fathers equally—in theory. However, we see far too many fathers not protect their rights during a divorce. Fathers Have a Right to Temporary or Permanent Custody As soon as someone files the divorce papers, a judge…

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Child Custody Agreement

Child Custody Agreement

Types of Custody in New York When a couple with children separate, several decisions must be made regarding the welfare of the children. One of the issues parents face is determining the custody of the children. In Albany, there are several forms of child custody, and parents should try to work out an agreement that works for everyone involved. Legal Custody Legal custody is granted to one or both parents. Whoever is granted legal custody…

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Child Support Agreement

Child Support Attorney

Understanding Child Support in the Context of Divorce Here in New York, the process of calculating spousal support and maintenance in a divorce can be grueling and complicated. However, these calculations are basically guidelines, subject to judicial review and your own negotiations with your ex. However, if you have children, the process for calculating child support is a bit more rigid. The state has specific rules and formulas for determining child support. Let’s explore this…

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