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Long Island Divorce Blog

  • A number of studies have shown that the probability of a divorce is substantially higher in a family where a spouse or a child has special needs. That being said, many factors must be taken into consideration when going through a divorce, particularly what sort of affect spousal support and/or child support may have on the disabled spouse’s or disabled child’s eligibility for ...
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  • In a closely divided decision, the Supreme Court ruled that same sex couples have the constitutional right to marry and struck down the bans in the few remaining states that prohibited same sex unions. Same sex couples will now be allowed to immediately marry in Kentucky, Ohio, Tennessee and Michigan, the four states named in the case, with the remaining states following shortly thereafter. In its ...
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  • Divorce and Social Media Don't Mix

    || 23-Jun-2015

    Filing for divorce? Beware of what you post on social media! The American Academy of Matrimonial Lawyers conducted a survey of its members to see how, if at all, social media affected divorce actions. 70% of the attorneys surveyed reported using social media outlets like Facebook and Twitter for evidence in divorce and custody battles. What Facebook users amidst divorces do not realize, is that ...
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  • Nesting Custody Agreements

    || 22-Apr-2015

    In a typical custody arrangement, each parent has their own home and the children move back and forth between two residences. However, some parents may choose another arrangement where, instead of the children moving from one residence to another, it is the parents who move in and out of the marital residence and "nest" while the children remain in their home. For example, one parent may ...
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  • What is Supervised Visitation?

    || 16-Apr-2015

    Supervised visitation, also called supervised parenting time, is where a parent sees their child in the presence of a third party. In a supervised parenting arrangement, the parent is not to be left alone with the child, even briefly. Supervised parenting time is to ensure the child’s safety, while still maintaining the child’s relationship with that parent. In circumstances where a ...
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  • Divorce Via Facebook

    || 9-Apr-2015

    Starting a divorce action was just made a little easier by a Judge in New York County. Manhattan Supreme Court Justice Matthew Cooper granted a woman’s request to serve her Husband with divorce papers via a Facebook private message. In New York State, after a spouse files a summons for divorce, which starts the divorce process, that individual must have their spouse personally served with ...
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  • Divorcing Parents and Obligations to Pay for College

    || 6-Apr-2015

    During the divorce process, inevitably the issue of college is raised. For parents with young children, typically Courts are unlikely to address the issue of college expenses directly in a decision. Whereas, for parents with older children either in high school or actually in college, Courts have been found to obligate parents with respect to college expense decisions. If there are young children, ...
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  • A common but problematic clause in a Separation Agreement in a divorce action is that the spouse may remain in the marital residence until the youngest child turns 18 and then the spouse must sell the home. Only when the house is sold can the other spouse, now the ex-spouse, receive the equity from the home. What has been occurring quite frequently is when the threshold date is reached, the ...
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  • The Assets You Destroy Could Be Your Own

    || 20-Mar-2015

    We’ve all heard the stories about acts of revenge committed by a wronged party on the items of a cheating spouse. Violence is never the smart option, but in the heat of the emotional moment, it can be difficult to think rationally. Often, prized possessions become the victim of an emotional outburst. As an example, consider the recent news item about a woman who discovered (or believed) that ...
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  • Tax Tips for Divorcing Couples

    || 13-Mar-2015

    It’s that time of year again – tax time. When parties are going through a divorce there are important considerations to keep in mind with respect to tax implications. 1. Alimony is taxable. Child Support is not. When negotiating divorce agreements, clients should be mindful that spousal support is taxable to the payee spouse and tax deductible to the payor spouse. Child Support is not ...
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  • In a Divorce, Credit Cards Can Be Valuable Assets

    || 27-Feb-2015

    Credit card debt is frequently a subject of conversation in the context of a divorce. It is not uncommon for married couples to carry debt on one or more credit cards. These debts can be the result of infrequent high-price items, like vacations, college expenses or indulgent gifts or purchases. They can also be the result of paying day-to-day living expenses, such as for food, gasoline, medical ...
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  • Will I Get to Keep the House?

    || 20-Feb-2015

    If your house is a marital asset, it is subject to division in the divorce. It does not matter if your name is on the deed or not (but, if you don’t know, you should take a trip to the County Clerk to find out). There are three options that are the most common. First, if you have children in the school district where the home is located, Courts often try to keep the residential custodial ...
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  • Jerome A. Wisselman Selected for the American Society of Legal Advocates

    || 17-Feb-2015

    Wisselman, Harounian & Associates, P.C. is proud to announce that one of our partners, Attorney Jerome Wisselman, was selected for membership in the American Society of Legal Advocates (ASLA). ASLA is a nationwide legal organization comprised of outstanding attorneys with exceptional professional credentials and a proven record of accomplishment in their given areas of law. As a member, Jerome ...
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  • Don't Propose on Valentine's Day

    || 13-Feb-2015

    In New York, an engagement ring is a conditional gift, the condition being that a marriage takes place. If either person calls off the wedding, the receiver will likely have to return the ring unless the ring is given on a holiday like Christmas, a birthday or Valentine’s Day. In this situation, the receiver can argue that the ring was a gift for that holiday and not solely in contemplation ...
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  • Is My Spousal Support Tax Deductible / Taxable Income?

    || 4-Feb-2015

    Guest Author: Michael J. Kessler, CPA For those who remember Peter Falk as Detective “Colombo” in that famous 1970’s crime drama, you remember how he usually solved the case. Watch this 30-second clip: https://www.youtube.com/watch?v=biW9BbWJtQU As Colombo used to say, “Just one more thing…” But you’ll need to answer many more questions before you can ...
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  • Authored by Rebecca Szewczuk Can a gay couple, legally married in New York, obtain a divorce in Florida? The answer is maybe. On December 17, 2014, Judge Dale Cohen a Florida Circuit Judge issued a divorce for a gay couple that was married in Vermont in 2002. Because the marriage license was issued in Vermont there were questions about whether Florida could issue a divorce. In addition, subsequent ...
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  • What E-Nuptial Agreements Can Do For You

    || 29-Dec-2014

    Have you ever thought that electronic devices may be causing friction in your relationship with your significant other? Maybe browsing the web at the dinner table is becoming a normal routine? Or perhaps your spouse is buried in their phone during date night? If any of these things, or perhaps something similar, seems to be interfering in your relationship, then an e-nuptial agreement may be for ...
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  • "Abandonment" by one's spouse for more than one year is one of several grounds upon which a party may file for divorce in New York. Historically, this was a consideration for someone who opposed giving their spouse a basis to file for divorce. However in 2010, New York has joined every other state in also providing a "no-fault" basis for divorce, rendering "grounds for ...
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  • Divorcing Parents can Survive the Holidays

    || 9-Dec-2014

    Authored by Rebecca Szewczuk Divorcing is never easy and the holidays are especially difficult when divorcing parents are tasked with dealing with an ex-spouse during this time. Below are some helpful tips for surviving the holidays: 1. Tis the Season to be Kind There is a reason you are divorcing your spouse, however around the holidays be as nice as you can to your ex. If you are in the middle ...
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  • Authored by Lloyd C. Rosen It is not uncommon for parties, when entering into an agreement to settle their divorce proceeding, to include a provision covering the parties' respective contribution towards college expenses. Many times, various issues come up with regard to room and board expenses. The non-custodial parent typically is obligated to pay child support. The function of child support ...
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  • Orders of Protection: The Long Term Viewpoint Is Essential

    || 18-Nov-2014

    Authored by Jerome Wisselman Orders of protection are a powerful tool. When used correctly, these orders can protect victims of abuse from future harm; used incorrectly, orders of protection can keep a parent from spending valuable time with his / her children. These orders can require a spouse to stay away from the marital, or partner's home and children for a prolonged period of time. This ...
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  • Authored by Jordan Trager Section 2 of DOMA, the remaining part of DOMA that survived after the U.S. v. Windsor decision striking down Section 3 of DOMA and conferring equal rights to same sex marriages under Federal law, will now likely return to the US Supreme Court to determine the constitutionality of state bans on same sex marriage. Section 2 of DOMA still permits individual states to deprive ...
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  • Authored by Jacqueline Harounian It used to be that fathers complained about excessive support payments. Now, due to recent changes in the law favoring shared custody, the tables have turned and mothers are paying child support. Even where parents have 50/50 custody, the higher earning parent may be liable to pay child support. In the case of Halle Berry, she is the higher earning parent. Halle ...
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  • Communicate to Listen and Be Heard

    || 14-Oct-2014

    Don't we all wish we could feel heard when we talk to people about what we want? Don't we all long for them to just "get it?" If they could just "GET IT," things could be so much better! Right? What if I told you that you could achieve it? That a gifted and highly experienced matrimonial attorney and a Professional Life Coach specializing in divorce, would collaborate ...
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  • The End of DOMA and Why Same-Sex Marriage Bans Will End

    || 10-Oct-2014

    by Jordan E. Trager Two recent actions taken by the federal courts spell the demise of DOMA and the unconstitutional bans on same-sex marriage. The first comes from the US Supreme Court, which rejected appeals by five states seeking to preserve their bans. The second comes from the 9th Circuit Court, which struck down bans in Idaho and Nevada, and paved the way for striking down similar bans in ...
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