Staten Island Divorce Blog

  • New Year, No excuses

    || 15-Jan-2019

    I know, I know, the prospect of filing for divorce, gathering all that financial paperwork, or even entering a new life phase can be daunting and can cause us to make all types of excuses for staying stuck. Sometimes, just the thought of changing can be emotionally paralyzing. The thoughts we entertain about what could or may occur if we leave can lead us to take those long pauses. It’s ...
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  • Divorce New Year's Resolution

    || 14-Jan-2019

    If you are preparing for divorce this year, here are some resolutions you need to make and keep, in order to make sure that you start, and finish, the process as smoothly and cost-effectively, as possible. 1. Hire an attorney who exclusively practices matrimonial and family law. The attorney should have a track record which is known to judges and other attorneys alike. When selecting an attorney, ...
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  • Common Law Marriage: The Myth that Keeps on Ticking

    || 26-Sep-2018

    As a young adult, I remember hearing about this concept of marriage which springs into existence based on two people residing together as “as spouses “for seven years or more. I remember first hearing of the concept when my mother described a relationship between a neighbor and her “common law husband”. She explained to me that people who lived together as spouses for seven ...
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  • Am I Abandoning My Spouse By Leaving The House?

    || 12-Sep-2018

    Recently, I have been meeting prospective clients who are afraid to leave their unhappy marriages and homes for fear of being accused of abandoning their spouses and/or their children. The most emotionally destructive thing that can happen to a person is staying in an emotionally harmful space without any way out. The feeling of being physically and emotionally trapped generally causes depression ...
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  • The first half of the year is over and that fact has never been more important to divorcing couples than it is this year, 2018. Why? Because last year, Congress passed a sweeping tax reform law which changes the financial landscape for couples who are currently divorcing or will file for divorce in the future. Simply put, if you are the higher-earning spouse, your window of opportunity for ...
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  • DANGER, DANGER! Think Deep Before You Purchase!!!

    || 14-Aug-2018

    In recent years, it has become increasingly popular for couples to purchase homes together before tying the knot. Getting the keys before the ring has more legal repercussions than most people can imagine. This is especially so if the wedding doesn’t occur. So, before you say yes to the house, talk to an attorney about how doing so may impact you, your finances, etc. I would almost always ...
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  • Why Do You Charge a Consultation Fee and What Will I Get For It?

    || 1-Aug-2018

    Often clients searching for legal services look for free initial consultations. Free consultations are common, but the chance of you securing true legal advice during those appointments is rare. That is why I do not offer consultations. Consultations are usually not much more than a meet and greet with a legal professional to see whether their office location is convenient for you or whether you ...
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  • LGBTQ Divorces on Staten Island

    || 24-Jul-2018

    Just a few short years ago, same sex, transgender and LGBTQ marriages were illegal. After the dust has settled on the Supreme Court Decision which corrected the moral and legal wrong of those marriage bans, divorce law surrounding LGBTQ divorces, custody and other family-law related legal matters is now starting to be crafted. I have provided members of the LGBTQ community with competent legal ...
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  • Cheap and Quick Isn't Always the Best Way to Divorce

    || 10-Jul-2018

    We’ve all heard of the phrase “It’s cheaper to keep her/him.” However, that isn’t the case when you are trying to navigate a divorce which may involve children, property or both. Divorce matters are some of the most complicated cases which come before a court. And, while many divorces which do not involve those complicated issues can be navigated by you having form ...
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  • People often call my offices seeking an attorney to represent their spouse and themselves in their uncontested divorce. Usually their first query is whether they and their spouse can come into my offices to sit down with me with respect to planning their uncontested divorce. In response, my answer is always a resounding "NO." This response always takes people aback. They think "hey, ...
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  • Can I Seek an Annulment From My Spouse for Failure to Consummate?

    || 26-Apr-2018

    Many clients come into our office to consult with our attorneys about whether or not they can get an annulment from their spouse after only a few weeks of marriage. They usually want to ask us if they can to obtain an annulment based upon their failure to consummate the marriage. Those who ask this tend to be under the assumption that they can obtain an annulment based upon their failure to ...
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  • Divorce & Your Mortgage | Staten Island Divorce Lawyer

    || 11-Apr-2018

    Divorce Agreements: What You Need to Know About Changing the Title to Your Home Without Paying off The Mortgage Divorce agreements often allow one spouse to purchase the other’s interest in their former marital home. This concept is called a "buy out" and usually involves one party buying the other person's interest for one-half of whatever the equity in the former marital home ...
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  • Hiring The Bulldog Attorney: Litigating on Emotions, Not Facts

    || 18-Jan-2018

    Allow me to let you in on a little secret: I love to argue. Okay, maybe it’s not such a well -kept secret. Throughout my years of practice as a matrimonial and family court attorney, people have been frank about telling me that they’ve hired me because... “I hear you are a bulldog!” Though that is true, I am often compelled to explain to those potential and new clients that ...
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  • New Year, New You Without Your Spouse

    || 2-Jan-2018

    Rumor has it that the first of the year brings with it a run on divorce lawyers’ offices as realizations that a marriage isn’t living up to life desires and/or goals become intensified with the passing of yet another year. While you may desire to have a fresh start, you must make sure to make your decision after fully considering what you want your future to look like and whether ...
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  • Collaborative Divorce | Staten Island Divorce Lawyer

    || 28-Dec-2017

    Many middle and high-net-worth people are hesitant to divorce just because it could mean going into a courtroom again and again and fighting it out with a soon-to-be ex-spouse. The litigation process can cost tens of thousands of dollars. It is not unheard of for couples to jointly spend over $100,000 litigating aspects of their divorce which could have been resolved with less time, money, and ...
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    || 21-Dec-2017

    One of the most stressful aspects of the Divorce and Family Court process is the process of serving your spouse/partner with the documents you have filed in Court. The most frequent question asked is actually whether or not the Plaintiff/Petitioner (person filing the case in court) can serve the other party him or herself? In short: no. Service of Process occurs when a process server, or other ...
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  • 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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