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Jeffrey McAdams, Esq.
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Copy any records you find relating to your marriage’s finances and keep them in a safe place. Even if you aren’t sure they’re relevant, it is better to be on the safe side so they can be available if your attorney asks about the subject. Records include receipts, statements, bills,... Continue reading
Posted Sep 17, 2012 at NYC Divorce Lawyer Blog
If your spouse is self-employed or owns a business, it can be harder to determine his or her actual income. If your spouse has business or professional partners, they can be a good source of information. You may have met them socially, or had an opportunity to meet the husband... Continue reading
Posted Sep 10, 2012 at NYC Divorce Lawyer Blog
In a significant number of marriages, one individual is largely responsible for handling the finances. Often, the other party knows little about family income and expenses. If you intend to divorce, begin to compile the financial information you’ll need and get informed. If you’ve filed a joint return and don’t... Continue reading
Posted Sep 3, 2012 at NYC Divorce Lawyer Blog
The average divorce for a middle class family costs $30,000, according to Judge Michele Lowrance’s new book, The Good Karma Divorce. In an article and video outlining the book you can see here , many points are in alignment with ideas McAdams Law sets forth in its Special Reports on... Continue reading
Posted Mar 12, 2012 at NYC Divorce Lawyer Blog
If your spouse or partner owes you money for child support and hasn’t paid it, several legal alternatives are available. Your lawyer can initiate efforts to have his or her salary garnished. However, if the individual is self-employed, collection efforts are harder and may be less effective. Another option is... Continue reading
Posted Mar 5, 2012 at NYC Divorce Lawyer Blog
Prior to New York’s legalization of same-sex marriage, an appeals court upheld the right of a man to inherit the contents of his partner’s estate, after the Will was disputed by the deceased individual’s siblings. At that time, there appeared to be a growing trend in the courts affirming the... Continue reading
Posted Feb 27, 2012 at NYC Divorce Lawyer Blog
E-mail communications often end up in evidence during divorce litigation. As with all other prudent steps, such as closing joint bank accounts, getting credit cards in your own name, etc, protecting your e-mail accounts is a priority. If you don’t you may find that your spouse downloads sensitive information, and... Continue reading
Posted Feb 20, 2012 at NYC Divorce Lawyer Blog
Divorce affects what Social Security benefit options you may qualify for and how they’re divided between your spouse and you, depending on a number of factors. If you’ve been married for at least 10 years and your spouse paid Social Security taxes during that period, you can claim a spousal... Continue reading
Posted Feb 13, 2012 at NYC Divorce Lawyer Blog
Adultery is one of the primary reasons for divorce, and in fact is a crime in the state of New York. If you’re contemplating divorce and infidelity is involved, get an assessment from an experienced matrimonial lawyer before you say or do anything that may impact your spouse or children.... Continue reading
Posted Feb 6, 2012 at NYC Divorce Lawyer Blog
People who are having trouble in their marriages and feel they want to get divorced are often still ambivalent about it. They realize they can’t go on with the relationship as it currently stands, but believe there may still be a chance of saving it. An interim legal measure that... Continue reading
Posted Jan 30, 2012 at NYC Divorce Lawyer Blog
If your spouse has a history of substance abuse or mental illness, has engaged in domestic violence or criminal conduct, or has abandoned you and your children, you may want to take steps to protect them if you die unexpectedly. Normally, if one parent predeceases the other, custody of the... Continue reading
Posted Jan 23, 2012 at NYC Divorce Lawyer Blog
While not permitted in New York for couples who legally marry here, several other jurisdictions have laws that allow spouses to sue individuals who disrupt their marriages. Usually, when one or more states pass legislation, there is an increased incidence of other jurisdictions adopting similar laws. If you were married... Continue reading
Posted Jan 16, 2012 at NYC Divorce Lawyer Blog
If you’re getting divorced, it’s almost a forgone conclusion that you’ve had trouble communicating effectively with your spouse. It’s also likely that in broaching the subject of divorce, you’ll fall into the same pattern of interaction that characterizes your other conversations. That is, it’s likely to end up in a... Continue reading
Posted Jan 9, 2012 at NYC Divorce Lawyer Blog
Even before the passage of legislation legalizing same-sex marriage in New York, it was not necessary for you to have married in this state in order to get divorced here. As long as a valid same-sex marriage was effectuated in a jurisdiction that allowed it, New York permitted a legal... Continue reading
Posted Jan 2, 2012 at NYC Divorce Lawyer Blog
Up until the time your divorce decree is finalized, your spouse can legally inherit a martial share of your estate if you die. For those who are older or ill, this can pose a problem for heirs. When an individual is in the process of divorce and dies before it’s... Continue reading
Posted Dec 26, 2011 at NYC Divorce Lawyer Blog
Good planning is required to get the best possible result in a divorce. One important area to consider is insurance coverage and health care. If you receive benefits under your spouse’s health insurance plan and you get divorced, you’ll need to decide whether the cost of continuing under the COBRA... Continue reading
Posted Dec 19, 2011 at NYC Divorce Lawyer Blog
In child custody cases, a New York Court will sometimes appoint a guardian for the children. A guardian is usually an attorney whose job it is to represent the child or children, and to express their needs to the court. You need to keep in mind that any conversations you... Continue reading
Posted Dec 12, 2011 at NYC Divorce Lawyer Blog
Retaining the right matrimonial attorney can make the difference between whether you get a good outcome or not, and whether your case proceeds smoothly or turns into a costly nightmare. So what constitutes the “right” lawyer for you? Here are a few points to consider. Essentially, there are three basic... Continue reading
Posted Dec 5, 2011 at NYC Divorce Lawyer Blog
In some instances, it may be possible to have a marriage annulled, instead of pursuing divorce proceedings. Under New York law, a marriage can be annulled under certain conditions. For example, one party lacks capacity to enter into a marriage contract due to mental infirmity, or marries under the influence... Continue reading
Posted Nov 28, 2011 at NYC Divorce Lawyer Blog
The legal system has powerful protections in place to guard against parents who do not pay child support. Unfortunately, these same safeguards do not exist to insure that the money being paid to a custodial parent is actually spent or retained for the benefit of the children. Once the check... Continue reading
Posted Nov 21, 2011 at NYC Divorce Lawyer Blog
There's a relatively common scenario among professional couples who later divorce. For example, let's say that during the marriage, the husband went to medical or law school, and obtained an expensive professional degree. While he was completing his studies, his wife worked and supported him, contributing to educational expenses, and... Continue reading
Posted Nov 14, 2011 at NYC Divorce Lawyer Blog
Under recent amendments to New York’s Family Court Act, child support orders can be modified after three years pass or when there has been “a substantial change in circumstances.” The definition of a substantial change includes shifts in income of 15% or more. However, reduced income isn’t grounds for modification... Continue reading
Posted Nov 7, 2011 at NYC Divorce Lawyer Blog
If your spouse contributed to a 401k plan or an employer retirement account during your marriage, you may be entitled to a share of its value. A Qualified Domestic Relations Order, or QDRO, is a legal document that guards your right to receive future benefits. Your divorce attorney can draft... Continue reading
Posted Oct 31, 2011 at NYC Divorce Lawyer Blog
In highly acrimonious divorces, in which parties have a great deal of bitterness and animosity towards each other, one and sometimes both partners can become completely uncooperative. A problematic manifestation of this behavior is a refusal to sign papers that permit things to move forward to completion. If you are... Continue reading
Posted Oct 24, 2011 at NYC Divorce Lawyer Blog
In an article about "financial infidelity," Reuters news reports that in a recent Harris poll, 15% of the 2019 adults surveyed admitted to hiding a bank account. A staggering 58% hide cash from their significant others. A third of the group mentioned they'd been deceived, and 16% said it resulted... Continue reading
Posted Oct 17, 2011 at NYC Divorce Lawyer Blog