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Author: Ian S. Mednick

The Law Offices of Ian S. Mednick, P.C. > Articles posted by Ian S. Mednick

Navigating the Division of Matrimonial Assets in Long Island, NY

Matrimonial Assets in divorce

We often hear of the division of marital assets in New York State as an "equitable distribution." To some, this entails a 50-50 division. However, that is not often the case. The intricacies surrounding this division of assets will make you wonder whether your assets and properties will be yours once the divorce is settled. This blog will explore how the division of marital assets works in New York State and the differences in the process during contested and uncontested divorces. What is the Division of Matrimonial Assets? In simplest terms, the division of matrimonial assets refers to the equitable distribution of property, assets,...

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Relocating With Children Post-Divorce: Key Considerations and Legal Insights

relocation post divorce

In the aftermath of a divorce, the idea of starting anew in a different state can appear as a beacon of hope for many. However, when children are involved, the decision to relocate becomes significantly more complex, particularly without sole custody. The legal framework surrounding such a move is intricate, necessitating thorough preparation and, often, professional legal guidance. Here, we explore essential factors to consider when contemplating an interstate move with children following a divorce. Custodial Agreements and Relocation The feasibility of relocating with your children largely hinges on the custody agreement in place. Joint custody arrangements typically require consent from both...

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A Guide to Receiving Maintenance in New York State

A guide to receiving divorce maintenance

Most of the time, when two people get married, one will give up their former life to tend to the family. These changes can turn one's life into a full 180, from quitting a job to being a full-time homemaker. Then comes divorce. One reassuring thing about getting a divorce in New York State is that you will not be left alone with the negativities of ending a marriage. Maintenance is given so that the receiving spouse will not be denied the support needed to live the life they had been accustomed to. This blog will explore maintenance in New York State,...

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How is Child Custody Determined in Long Island, NY

how child custody is determined in long island, ny

Sad to say, not all marriages work out. Sometimes, two people simply cannot reach a compromise and have no other choice but to dissolve the relationship. Parents will have to deal with the legal processes, aftermaths, and implications of divorce so they can start anew with no anger or resentment. One such aftermath is child custody. Child custody matters are among family law's most emotionally charged and legally complex aspects. In Long Island, New York, determining child custody involves thoroughly examining various factors to ensure the child's best interests. This blog aims to shed light on the child custody determination process in...

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Navigating the Waters of Divorce: The Difference Between Fault and No-Fault Divorce in New York

no fault divorce in long island

Divorce is undoubtedly a challenging and emotionally charged experience, and understanding the legal intricacies can be just as daunting. In the state of New York, divorces are categorized into two main types: fault and no-fault. Each approach has its own set of implications, and knowing the difference is crucial for anyone contemplating the difficult decision to end their marriage. Fault Divorce In a fault divorce, one party must prove that the other is responsible for the breakdown of the marriage. Common grounds for fault-based divorces in New York include cruelty, abandonment, imprisonment, and adultery. This approach can be emotionally taxing, as it often...

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Navigating Child Support Modifications in NY: What Happens When You Have More Children?

child support modification lawyer long island

Child support is a legal obligation where noncustodial parents provide financial assistance to ensure the well-being and upbringing of their children, even when they are no longer together. It helps cover expenses such as healthcare, education, housing, and other necessities for the child's support and development. But what happens when a parent with an existing child support order has more children? Does the obligation change? In this blog, we will explore the complexities of modifying child support in New York when you have more children and provide some insights into how to navigate this specific legal issue. Child Support in NY New York's...

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Is Child Custody More Likely to Be Awarded to Mothers in New York Divorce Cases?

Co Parenting in Long Island New York

In family law, child custody is arguably one of the most emotionally charged and complex issues to tackle with. When parents in New York decide to part ways, determining who gets custody of the children can become a contentious issue. Let's take a closer look at child custody in New York and unpack these complex dynamics. The Role of Gender in Custody Cases Child custody has long been associated with the belief that mothers are favored. This perception stems from historical societal norms and traditional gender roles that often designated women as primary caregivers. In some cases, mothers may have taken on a...

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Can Men Receive Alimony After Separation or Divorce?

alimony for men in divorce

According to a report by Reuters, around 12,000 males received alimony based on the U.S. Census. These men made up just 3% of Americans who received alimony. Alimony, also known as spousal support or maintenance, has been a longstanding legal concept to provide financial assistance to a spouse after a divorce or separation. Traditionally, alimony has been associated with women receiving support from their ex-husbands. However, as the world evolves, the question arises: Can men receive alimony after a separation or divorce? In this article, we will delve into this topic and explore the current landscape of alimony in relationships involving men. Changing Gender Roles and Alimony Historically,...

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Child Custody in New York: Can a Child Choose Which Parent They Want to Live With?

child custody in long island

Did you know that more than a million children in the United States experience divorce or separation from their parents each year? Child custody is one of divorce and family law's most sensitive and challenging issues. Like many other states, New York prioritizes the child's best interests when determining custody arrangements. However, a common question during this process is whether a child has the right to choose which parent they want to live with. This article will explore the factors influencing child custody decisions in New York and shed light on whether a child's preference carries legal weight. The Best Interests of the Child Family courts prioritize...

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Making the Right Decision: Is Divorce the Best Choice for You?

divorce lawyer in long island

Did you know divorce rates have steadily increased over the past few decades? According to a recent study by the American Psychological Association, nearly 40-50% of marriages in the United States end in divorce. Deciding to end a marriage is never easy and often comes with many emotions and challenges. However, in some cases, divorce might be the best path forward to achieve happiness and personal growth. Understanding the implications and circumstances of divorce can aid you in making an informed and thoughtful choice. In this article, we will explore the factors to consider when contemplating divorce and how to determine if it's...

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