Call or Text For Free Consultation




The Positive Side of Divorce

benefits of divorce long island

A divorce will always be consequential. Whatever the circumstances that led to the separation, however positive or negative the emotions involved, a divorce will always mean huge changes, especially when children are involved. But since divorces are often only considered as a last resort, it would be better to view them from a more optimistic perspective. There are actually numerous, often underrated, advantages to getting a divorce, even for children. This article will detail a few of the most impactful ones. Better for Health For many, a divorce is often the logical conclusion after an unhappy marriage. This relationship may have involved numerous...

Continue reading

Factors Affecting Spousal Maintenance

spousal maintenance long island

If you're going through a divorce and the court discovers that you were financially dependent on your spouse throughout the marriage, you may be eligible to receive spousal maintenance. What is spousal maintenance? These are payments made by the higher income-earning spouse to the lesser income-earning spouse. The judge can order temporary maintenance to start while the case is still pending in court and continue for a specific period after the divorce is finalized.  The court will also decide who pays and how much. In some cases, the decision to receive spousal maintenance may be based on an agreement between the couple. How...

Continue reading

High-Conflict Divorce: Steps You Can Take Amid the Pandemic

High conflict divorce lawyer in long island

When states announced stay-at-home orders to slow the coronavirus spread, many predicted that the lockdown would cause a surge in divorce rates. Common stressors brought by quarantine including loss of income, changed work schedules, boredom, homeschooling children, lack of escape from each other, and conflicts over kids and household responsibilities, can bring high levels of conflict and increase tension between couples already facing marital strife. With couples stuck in the house 24 hours a day, it may be harder to sweep aside serious underlying conflicts such as infidelity, money problems, incompatibility, and even domestic violence. Spouses can no longer use work, external...

Continue reading

Requirements for a Divorce in New York if You’re Married Abroad

married abroad divorce long island

New York is one of the states in the US that allows couples to file for divorce if they were married abroad. Not just anyone can get divorced in the Big Apple, however. Only couples who meet the residency requirement and can establish grounds can file a divorce petition. As long as you have been married for six months you will able to use the no fault ground. Requirements for Divorce in Long Island Couples who married abroad, regardless of their nationality or immigration status, can file for divorce in Long Island, New York if they meet these conditions: Residency One or both parties...

Continue reading

The Possibilities of Divorce Mediation via Teleconferencing and Video Calls

divorce mediation during pandemic

It’s been five months since New York State had its first positive case of coronavirus. In an effort to combat the virus, the state government encourages New Yorkers to continue practicing physical distancing. The prolonged global health crisis pushed all sectors to be more digital, including the legal sector. At The Law Offices of Ian S. Mednick, P.C., we’ve embraced this new frontier that puts teleconferencing and video calls at the heart of our services. In turn, divorce mediation becomes safer and easier for you. Resolving Divorce Concerns as Quickly as Possible The coronavirus situation may have put life on hold for a...

Continue reading

What to Do When an Ex Stops Paying Child Support

unpaid child support long island

In Long Island and the rest of the United States, children are entitled by law to get financial support, regardless of whether the parents are married, divorced, legally separated, or were never married.  This is very clear and known to many, but at times, a non-custodial parent misses a child support payment or stops paying entirely. If you're the custodial parent, what should you do to make sure your children get child support payments from your ex-spouse or partner? Child Support vs Child Access Before we address the question of child support, you need to be clear on one thing: child support and child...

Continue reading

Valuation and Distribution of Cryptocurrency Assets in Divorce Proceedings

cryptocurrency and divorce proceedings long island

Finalizing a divorce entails full disclosure from both spouses of their assets, liabilities, income, and expenses. Here in Long Island, this was a relatively easy process, as these items could not be concealed easily from the court or the spouse. That changed in 2009 when cryptocurrency arrived at the scene. So in divorce proceedings, how do you split cryptocurrency or money stashed away in them? Let's look at your options. Checking for Undisclosed Cryptocurrency When both parties declare all their assets, including cryptocurrency, the court can decide on how to distribute them. Problems arise when your spouse fails or refuses to disclose any cryptocurrency they...

Continue reading

On Custody After Divorce: What if the Child Refuses Visitation?

child custody refusal

One of the most arduous parts of a divorce that involves children is establishing custody and visitation. For the family court, all custody decisions are ideally made with the goal of promoting the children's best interests. This includes prioritizing their happiness, mental health, and security. Because of this, your preference as parents shouldn't have any influence on the court's custody rulings. In cases when parents demonstrate great cooperation and are both fit to have custody of their children, the court is likely to award joint custody. This way, both ex-spouses have their children with them for an equal amount of time....

Continue reading

Does Mediation Work for High Net Worth Divorces?

high conflict divorce mediation long island

New York has begun implementing the new presumptive Alternative Dispute Resolution program. This initiative requires civil litigants to try solving their cases through mediation, including divorces. The goal is to clear up the court calendar for more urgent and pressing family law cases, such as visitation and custody matters, temporary restraining orders, and others. Advantages of Divorce Mediation Divorce mediation has several advantages. For one, there's less cost since you don't have to go to trial and hearings. Second, you get to maintain your privacy, which is paramount for most high net worth individuals. Court pleadings are public records. So if you choose litigation,...

Continue reading

Modifying Child Support Agreements Is Possible, But with Strict Conditions

Child Support Lawyer long Island

Life after a divorce can be difficult, but former spouses must continue living their lives after their divorce is final — separately, this time. There could be an adjustment period, especially if both parties had to make concessions to make the separation as amicable as possible. They might have agreed to pay for spousal and child support or moved to a smaller residence. They could also be getting used to living on a smaller income or giving up weekends with the kids to grant the other party his or her visitation rights. There is, however, a silver lining for individuals who're...

Continue reading