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Long Island Divorce Blog

  • 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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  • 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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