Category Archives: Post Divorce Issues

Spousal Privilege: What is It and What Happens to It After Divorce?

After a divorce, things you told your former spouse in confidence while you were married can be used against you. Marriage is based on trust, and trust is based on openness and honesty. Recognizing this, New York law provides protections for confidential communications between spouses. Two Types of Privileges for Communications Between Spouses There are…
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Snooping or Spying on Your Spouse Can Get You in Trouble

While extramarital affairs and other conduct that can lead to a divorce happen IRL (“in real life,” in Internet parlance), the evidence that can confirm or prove such activities can be found in cyberspace or in our ubiquitous electronic devices. Information contained on cell phones, laptops, tablets, social media accounts, texts, and e-mail can be…
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What Can I Do If My Former Spouse Keeps Badmouthing Me in Front of Our Child?

“Your father is a worthless loser.” “Your mother is a horrible b**tch.” For children going through or living in the aftermath of divorce, hearing these types of offensive statements from one of their parents can have a lasting and devastating impact. It can color their view of the disparaged parent, creating distance, suspicion, or mistrust.…
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How are Retirement Benefits Divided in a New York Divorce?

You plan for your future and invest in your pension for your retirement. But, when your future no longer involves your spouse, what happens to those retirement benefits that were to be used for your mutual golden years? Quite simply, all retirement benefits earned during the marriage are divided pursuant to New York’s equitable distribution…
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No Takebacks: You Can’t Revoke Your Divorce in New York

People change their minds all the time. You have likely known (or been part of) a couple who have broken up only to get back together. But, if you get divorced in New York, and you and your former spouse have decided to reconcile, can you get your judgment of divorce vacated as if it…
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Special Concerns for Divorces Involving Kids with Special Needs

Divorce is hard for almost all children. It can be traumatic and confusing in even the best of circumstances. But for children with special needs, divorce can be even more difficult. And for the parents of special needs children, divorce requires strategizing to make sure that arrangements are made to adequately address the children’s ongoing…
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6 Key Elements of a New York Parenting Plan

When childless couples divorce, they have a luxury that divorcing parents don’t have: they don’t have to deal with each other ever again. But parents who wish to play meaningful roles in their children’s lives have to continue interacting on a regular basis. If you do not have a well-crafted parenting plan, these interactions can…
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