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Long Island Divorce Blog

  • 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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  • What's Stress Got To Do With It?

    || 31-Oct-2014

    On Nov 6th at 6:00PM, Amy Elias will be pairing up with law partner Jacqueline Harounian for the complimentary Pre-separation through Post Divorce group run in our office. Amy will discuss tools for reducing stress during the divorce process and in other situations and Jackie will answer questions about any stage in the divorce process. This is an outreach program for the community and an informal ...
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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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  • Domestic Violence Awareness

    || 24-Sep-2014

    By: Rebecca Szewczuk In light of all the media surrounding the NFL the past few weeks, the important issue of domestic violence has become "the" topic of conversation through the country. It is an issue that is being raised by the media at a more constant rate; the alleged offenders are our society's celebrities and supposed role models. Unfortunately, victims are often too scared ...
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  • Divorce Mediation Versus Marriage Counseling

    || 12-Sep-2014

    By Jordan Trager Marriage counseling and divorce mediation use some of the same techniques, such as helping couples learn to communicate, and empowering spouses to express their needs and emotions. But while marriage counseling teaches communication skills to help a couple rebuild their marriage, a divorce mediator uses these techniques to help a couple communicate so they can negotiate a divorce ...
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  • What Happens if a Forensic Evaluator Displays Bias or Impartiality in the Report?

    || 29-Aug-2014

    It is customary for a forensic evaluation to be ordered in a custody case to aid the Court in determining the appropriate custodial arrangement. This process requires both litigants to cooperate with the forensic evaluation process, which would include interviews with the evaluator, providing the evaluator documentation to support claims and also providing the evaluator with contact to others who ...
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  • Can I ask a New York Court to Change a Custody Order from Another State?

    || 19-Aug-2014

    Authored by Lisa Gardner There are several ways for this issue to arise. As a common (over simplified) example: Mom lives in New York and has an order of physical custody for the children. Dad resides in another state and pursuant to the same order, has a schedule of parenting time. The custody and parenting time order was issued by a court in the state where Dad lives. Now, Dad wants to change ...
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  • The Collaborative Divorce Process Versus Divorce Mediation

    || 15-Aug-2014

    Authored by Jordan Trager Like divorce mediation, collaborative divorce is a voluntary process where the parties work together to resolve their marital dispute by identifying problems and solutions, and by reaching decisions together that will serve each of them and their children. Like mediation, this is achieved outside of the traditional courtroom setting in an environment that promotes ...
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  • Can I Pay Child Support Directly to My Child?

    || 7-Aug-2014

    Authored by Lloyd C. Rosen This is a question matrimonial and family law attorneys hear on a regular basis. The simple answer is, "No." Child support must be paid either to the custodial parent or legal guardian, or to the appropriate child support enforcement agency, which is a state agency for New York which collects payments on behalf of the payee. This is an optional method of ...
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  • Attorney Jacqueline Harounian Interviewed by Divorce Saloon® International

    || 15-Jul-2014

    Our firm is proud to announce that Long Island Divorce Attorney Jacqueline Harounian – a Partner at Wisselman, Harounian & Associates, P.C. was recently featured on the home page of Divorce Saloon® International, a 24/7 divorce news, information, and law blog that serves as a comprehensive resource for divorce and related family law issues. Attorney Harounian was interviewed on why ...
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  • How to Get Sole Custody in New York

    || 14-Jul-2014

    Authored by Randall Malone New York courts usually award sole custody to the parent that has been the child's primary caregiver during the years prior to the custody action. However, being the parent or guardian most responsible for parenting the child does not always guarantee sole custody. The court considers other factors, as well, such as how long a child has lived with one parent, how ...
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  • The Cost of Divorce

    || 7-Jul-2014

    Authored by Lauren Chartan The decision to divorce necessarily takes into consideration many factors; one of which is the economic. The cost of a divorce may be impacted by circumstances such as whether custody of the parties child(ren) will be challenged by one or both of the parties, disagreement over child support and distribution of the marital estate and assets. These are several examples of ...
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  • How to Start a Divorce Case in New York

    || 2-Jul-2014

    Authored by: Jordan Trager The first step in getting a divorce is filing a Summons with Notice for a divorce action. Your divorce attorney will prepare your document and then an index card number will be assigned to your case from the County Clerk's office. Following that, the Summons will be served on your spouse. Once the spouse is served, an Affidavit of Service will be filed with the ...
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  • Testifying in Court

    || 27-May-2014

    It takes months, and in some cases years, of litigating to get to the final showdown: a trial. Finally, the litigant has his or her opportunity to plead his or her case to the Court, and tell their side of the story in full detail. Because the outcome of the case will be decided by the Judge after hearing all of the testimony and being provided with all relevant proof, it is extremely important to ...
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  • What Happens if Your Client Fails to Appear for Court?

    || 20-May-2014

    In divorce cases pending in Supreme Court, litigants must be present for each and every court appearance, unless the court waives the litigants' appearance. There are several reasons why their appearance is required. Being in court allows the litigants to communicate with each other to assist in moving cases to settlement, enables the litigants to provide information to their attorneys and/or ...
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  • Divorce and Social Media Pitfalls

    || 20-Mar-2014

    When marriages deteriorate and relationships end, it is common for people to move on to new relationships and reconnect with old classmates and friends. Many people will visit online dating sites or adult chat rooms. Others will post pictures of themselves enjoying singles vacations and happy hours on Facebook, Twitter and Instagram. Some litigants, in the midst of a painful breakup will send ...
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  • What Are the Penalties for Non-Payment of Child Support?

    || 14-Mar-2014

    Child support payments are considered sacred in the State of New York and the failure to pay can lead to drastic measures being taken against the non custodial parent. Penalties can range from several unnecessary trips to the local family court to the suspension of your driver's license, and in the most extreme situation, incarceration for up to six months. If the non-custodial parent refuses ...
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