Divorce and Family Law Blog
Joanne P. Monagan, Principal Attorney/CEO
My intention is to create a journal (blog) of topical and current information about family law issues that will be of interest to our clients and prospective clients. Sources for blog posts will be my own experiences, experiences reported by my colleagues, relevant articles, news and information about the courts, judicial decisions of interest, your questions, and related information. We intend to post frequently, so please stay in touch with our website and be sure to contact our office if you desire a consultation. We will always stand by you.
Important elements of a parenting plan
If parents get divorced in New York, they are still required to raise their children together. In most cases, the exes will develop a parenting plan that determines rights and responsibilities. The plan can stipulate when each is allowed to have physical custody of a...
The importance of maintaining job performance
Many in New York are both spouses and employees. When they are in the process of ceasing to become a spouse, they are still an employee and must go into work every day. In the end, they need to continue to perform at their job so that they can stay employed. However,...
Engaged couples should consider signing prenuptial agreements
New York couples who are considering getting married need to contemplate what may happen if they divorce. The high divorce rate requires that couples be realistic and optimistic at the same time. Realism would necessitate that the future spouses sign a prenuptial...
Financial considerations for older adults in a divorce
When older adults in New York decide to get a divorce, they may be near retirement or already retired. Their finances may be complex, and they may have to rethink their retirement plans. They may need to build up their liquid savings or ensure that they are still able...
Working together to create a custody schedule
Going through a divorce or separation is always difficult, especially when minor children are involved. Children may feel like the divorce is their fault, or they may feel a sense of confusion and abandonment. Parents in New York should heed the advice of...
COVID 19 Alert: Latest Developments Affecting the Courts, The Justice System, and O’Brien & Associates Law Firm Operations
Since April 6, 2020, New York courts in the Capital Region (the Third Judicial District of NY) have been operating according to a “Virtual Courtroom Protocol” described in our previous “COVID 19 Alert,” posted on our website on April 21, 2020. Following the Governor’s...
The requirements for divorce in New York
In New York, married couples who wish to file for divorce in the state must meet the residency regulations and a ground, or a legally valid reason, to get the divorce. If these requirements are not met, a former couple will not be able to file for divorce in the state...
An infant has different visitation considerations
New York parents with infant children have a challenge in deciding upon a visitation schedule that works. Of course, the best interests of the child are the most important factor, but both parents have a right to spend time with the infant. When it comes to a very...
What to do when child support is unaffordable
Failing to pay child support can be a problem for some parents in New York and around the country. Only about 60% of the child support due in 2015 was paid. However, not making child support payments is not always deliberate. In some cases, parents may fall behind...
Can my spouse get half of my retirement benefits if I divorce?
When it comes to dividing assets in a divorce, some assets might be of particular concern. Your pension and 401(k) are significant financial assets that you probably want to hold onto in their entirety. However, these assets are marital property and must be divided...
