Staten Island Divorce Blog

  • 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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  • WHAT IS SERVICE OF PROCESS?

    || 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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  • WE'RE GETTING DIVORCED, CAN I DATE NOW?

    || 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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  • I HAVE 50/50 CUSTODY OF MY CHILDREN, SO WHY AM I PAYING CHILD SUPPORT (New York Edition)

    || 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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