The Divorce Report

Tax Bill To Make Divorce More Expensive: Maintenance Not Tax Deductible

Hard to believe, divorce in New York may get even more expensive. The tax bill proposed in the House of Representatives, last week, seeks to eliminate the deduction for alimony payments. The new tax law attempts to eliminate what has been called a “divorce subsidy.” Under the existing law, the party paying alimony may deduct…
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What to Look For in a Divorce Attorney – How to Select Wisely?

Divorce Lawyer Manhattan Hiring the right divorce lawyer in Manhattan will certainly make a difference. Manhattan is a very affluent area within New York City and many of the divorce cases in the area are considered to be high net worth divorces. Millions of dollars and assets may be at stake;  the right divorce attorney…
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Same-Sex Couples Presumed Legitimate Parents of Children

In New York, there is a “presumption of legitimacy” which provides that a child born during a marriage is presumed to be the married couples’ child.  A New York appeals court ruled that this presumption should apply equally to both heterosexual and same-sex couples. This is a logical extension of the Court of Appeals decision…
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“Anonymous v. Anonymous”- Filing A New York Divorce Secretly

  Huma Abedin filed a motion to have her New York divorce against Anthony Weiner calendared, docketed and heard secretly.  The request would allow their divorce to be listed on the New York County Supreme Court’s dockets as “Anonymous v. Anonymous”  This move would, in effect, shield the parties from the glare of the news…
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Long Separation, No Divorce? No Equitable Distribution!

What happens when a couple separates, but for some reason, despite the passage of time, don’t divorce?   Suppose still further that during the long separation when the parties have been married but living separately, one of the parties acquires some wealth? Are the assets acquired during the long separation marital and subject to equitable distribution?…
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How is Child Custody and Decision-Making Determined in New York?

There is a welcome trend in child custody cases in New York- parents, the courts and even New York divorce attorneys, are all recognizing the importance of both parents being engaged in making decisions effecting their children’s health, education and welfare. Rather than vesting one parent with child custody and decision making authority, now many…
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How To Tell and Prepare Your Children For Divorce

The most difficult parts of divorce is that moment when you have to tell and then begin to prepare your children for the divorce. While your children may be bystanders to the decision to divorce and legal proceedings, they may suffer the consequences of the decisions they had no part in making. How you inform…
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New York Pre-Nup: How To Get It Wrong

  Not only are we in the midst of the Spring and Summer wedding season, but we are also in prenuptial season. Prospective brides and grooms are accessing their financial futures, taking stock of their pre-marital assets and the debts and taking stock of their individual and joint economic futures. They are also looking for…
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