Staten Island Divorce Blog

  • What is a Default? (New York Edition)

    || 7-Dec-2017

    When a defendant or respondent fails to respond to your summons in a divorce or family court matter within the time frame provided for by the court, that person has “defaulted.” Every state handles the default process differently. This blog entry will focus upon New York’s default divorce process. Divorce: The default divorce process will differ depending upon the nature of your ...
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    || 30-Nov-2017

    I cannot tell you how many times my clients ask me this question during their divorce proceedings. I must warn you, however, that, in spite of my sage, old advice, most people’s desire to move on from their marriages is so great that they don’t hear me sounding all of the necessary warning alarms about getting into a new relationship. That said, I will say it anyway: if you are dating ...
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    || 16-Nov-2017

    It is becoming increasingly popular for parents to equally share physical custody with one another. However, New York state statutes have yet to be modified to address the issue of how child support should be calculated when parents equally share custody of their children. That said, case law (written court decisions issued by judges) has evolved to address this issue. Generally, when parents earn ...
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  • An eighteen-year-old in the State of New Jersey can obtain a driver’s license, vote, and engage in other activities and decisions reserved for adults. But yes, at age 18 your new adult may aso still be entitled to receive child support from you. Until the recent enactment of signed S-1046/A-2721, New Jersey had one of the most flexible and unpredictable emancipation laws in the Country. ...
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  • Emancipation! Wait, I May Still Have to Pay Child Support After My Child Turns 18? (New York Edition)

    || 27-Feb-2017

    At the age of eighteen (18) your child can vote, purchase cigarettes in many parts of the State (with the exception of New York City and Suffolk counties where the age limit is 21), obtain a driver’s license, a credit card and engage in many other acts reserved for adults. Yet, if you are the payor of child support in the State of New York, you will be obligated to continue paying to support ...
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  • "You can’t get blood from a stone”, is the old adage which often gives people comfort when they owe money to a creditor whom they cannot afford to repay. Well, as all of my clients can confirm, I speak the truth even when you don’t want to hear it, so here goes: the court has a nifty power called “imputation”. When the court imputes income to you or your spouse ...
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  • Protecting Yourself and Your Family While Navigating the Choppy Waters of the Divorce Process

    || 16-Jan-2017

    Divorce and Family Law legal matters are easily the most intense situations one can endure. When going through a divorce, child custody, child support, domestic violence or other family law matter, it is sometimes hard to focus on the process without getting drawn into the emotional aspects of your case or negotiation. While this may be one of the most difficult times you go through in your life, ...
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  • Supreme Court Decision Regarding Same-Sex Marriage Still Hot Issue

    || 13-Aug-2015

    All across the nation, the United States Supreme Court ruling on June 26 th that legalized same-sex marriages in all 50 states has been sparking hot debate. Some people are staunchly defending the new rights, citing the Fourteenth Amendment and the protections it is to give all citizens under the law. Others are protesting loudly, pointing out potentially violated religious freedoms and ...
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  • How Does a Judge Decide Who Gets Custody?

    || 31-Jan-2014

    One of the most disputed matters in any divorce is custody. When the parents split, who gets the children? The process of winning child custody is not a simple one, which means that you need a knowledgeable Staten Island divorce lawyer by your side. The Law Offices of Adelola Sheralynn Dow can provide the counsel and representation that you need in order to protect your rights to custody and ...
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  • The Divorce Process

    || 31-Oct-2013

    Are you planning to divorce? It can be of great benefit to fully understand the divorce process before you begin. There are several forms of divorce, and a no-fault divorce is now possible in the State of New York, at long last. If you are going to file, the first step really should be to have meeting with a qualified Staten Island divorce lawyer. Divorce can be complicated, particularly when the ...
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  • Divorce and Real Estate

    || 28-Oct-2013

    The division of assets, including real estate, is an important issue in a divorce. Both parties may have owned property, and there may be property purchased during the term of the marriage. Who will get the family home? If there is a summer home, cottage, or real estate holdings, these issues become even more complex to resolve. As New York law allows for the "equitable distribution" of ...
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  • Details Regarding Equitable Distribution in NY Divorce

    || 21-Aug-2013

    Divorce in New York involves equitable distribution of assets. This means that property is divided equitably, not necessarily an equal division. This type of property division is fair and considers what the spouses contributed to the marriage and what they will need to move on after the divorce. Before adopting this method of division, New York used "common law property" where the ...
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  • Can I Get a Child Support Modification?

    || 27-Jun-2013

    Child support orders are made at the time of the divorce and may have been adequate and doable for your situation at that point. Unfortunately, financial situations change and the needs of children also change over time. If you need some sort of modification done to your current child support order, get in touch with a Staten Island divorce attorney from The Law Offices of Adelola Sheralynn Dow. A ...
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  • What Is the Process of an Uncontested Divorce in New York?

    || 21-Jun-2013

    An uncontested divorce can be much easier and quicker than a contested divorce. In an uncontested divorce both spouses have to agree on every issue in their divorce. For an uncontested divorce to occur, one spouse will receive divorce papers and he or she can either choose to sign them or contest certain matters in the papers. If the spouse signs the papers and sends them back then that means they ...
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  • How is Child Support Determined in Staten Island, NY?

    || 5-Jun-2013

    New York has child support standards and the amounts are calculated following the Child Support Standards Act (CSSA) along with domestic relations laws and family court acts. Generally non-custodial parents have to pay a "basic child support obligation" unless the court determines it inappropriate for a unique situation. This basic obligation is found by multiplying the parental income ...
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  • Do You Have a Stubborn Ex-Spouse Not Paying Child Support?

    || 14-May-2013

    In New York, parents are obligated to pay child support for their children until the child reaches the age of 21. If the parent fails to do so, then they may be facing various penalties. There are federal and state acts and laws that penalize parents who do not pay child support. One of the acts is called the Deadbeat Parents Punishment Act of 1998, which this makes not paying child support a ...
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  • How Does the Court Decide Who Gets Custody?

    || 9-May-2013

    There are many aspects that the courts consider when awarding custody to parents in child custody cases. Most courts use the philosophy of deciding what is the "best interests of the child" when dealing with child custody cases. In order to determine the best interests, the court takes many factors into consideration: The age, sex, and health of the child The mental and physical health ...
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  • Divorce: Should You Wait Until the New Year?

    || 27-Dec-2012

    Why does it matter in which month you file for divorce ? Because divorce can place a heavy toll on your family, especially during family-centric times of the year. Filing for divorce after the holidays are over can actually be a wise decision, both personally and financially. The holidays are usually a stressful time. Adding divorce to the mix can be mentally and emotionally overwhelming. Many ...
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  • Woman Mourning Death of Husband Finds Out He Divorced Her Eight Years Previously

    || 27-Nov-2012

    In New York, a woman who had just lost her husband was confronted with the news that he had divorced her eight years earlier, without her knowing. Apparently, he had filed the divorce papers in secret in order to remove her from benefiting from his pension and life insurance. The couple, V.D. and D.D., had been married for over 30 years before he died from natural causes. He was 65 at the time of ...
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  • Momma's Baby, Daddy's Maybe: Part One

    || 8-Sep-2012

    When I was a little girl, my mother had a saying that she would use: "Momma's baby; daddy's, maybe!" While I was too young to understand the true meaning of the phrase back then, the practice of matrimonial and family law brings the true meaning of that phrase to the forefront of my mind each day. Simply put, unless there are extenuating circumstances – which we do not have ...
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  • Divorce Hotels: To Check in, or Not to Check in....

    || 23-Aug-2012

    The concept of "Divorce Hotels" has recently made a "splash" in the United States and has caused a buzz in the Divorce and Family Law legal circles. This concept, developed by a Netherlands-based business man, promises to have couples "divorced" duirng a weekend stay at a posh hotel. While Divorce Hotels are not yet available in the United States, I recently sat down ...
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  • That Ship Has Sailed: Serving Your Overseas Spouse with Your Complaint for Divorce

    || 14-Jan-2012

    As residents of the New York/New Jersey metropolitan area we are truly inhabitants of the "crossroads of the world." It is no wonder that many of us have spouses with ties to other countries, or even spouses who live in other countries. So, what happens when the "ship sails" on your marriage, your spouse has "skipped" the country and you need to serve him or her with ...
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  • The Secret That Is the New York State Family Court

    || 29-Nov-2011

    As a daily practitioner of the Family Courts in the five boroughs of New York City, I have personally witnessed members of the public being denied access to Family Court courtrooms for one reason or another. Sometimes those reasons were valid, but most of the time the reasons were simply made up or not even provided. The fact of the matter is that the Uniform Rules for the Family Court provides ...
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  • History of the "No-Fault" Divorce Law in New York For decades, the closest thing New York had to a "no-fault" ground for divorce was a couple's physical separation for at least a year, pursuant to a Separation Agreement or Separation Judgment. That tide changed in August 2010, when then-Governor David Patterson signed legislation by which New York finally joined the ranks ...
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