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How Important Is It to Consummate a Marriage?

Am I Entitled to an Annulment in NY if My Marriage Has Not Been Consummated? After a couple marries, it is presumed that they will live together and consummate their marriage, or enter into a sexual relationship together. But contrary to popular belief, if a marriage is not consummated in New York, it does not automatically qualify it for an...

Do You Have to Be Separated for a Year to Get a Divorce in NY?

The divorce process in New York has historically been a lengthy and costly procedure. As a fault-based divorce state, one spouse had to allege the other at fault for the divorce under specific grounds. The only other options besides fault-based grounds were to separate for a period of a year under a separation agreement or judgment. In the state...

What to Expect in a Child Custody Proceeding – Anatomy of a Custody Case

To many, Family Court is a foreign land with rules and procedures that remain a mystery until you actually go for a visit. While a trip to Family Court is not a vacation, being familiar with how the process unfolds will help make that trip a little more comfortable. What follows is a very generalized view of a child custody case from beginning to end....

How Does a Court Decide Who Gets Custody of a Child?

Before beginning a child custody proceeding, it’s a good idea to know how the courts determine child custody and what they are looking for. In New York, the standard the court uses in making a child custody determination is the “best interests of the child.”  The “best interests of the child” standard requires the court to balance the ability...

What Does Joint Custody Even Mean and is it Right for You?

When it comes to parenting after the breakdown of a relationship, the most important thing to remember is that your relationship needs to remain civil for the best interests of your shared child(ren).  Acting in the best interests of your child is the standard New York Family Courts use to make custody determinations.  This can be put to the test during...

Successful Joint Custody: Putting the CO in CO-Parenting

Co-Parenting can be an ideal arrangement for the child(ren) involved when things go smoothly. It also requires parents who are willing and able to work together to ensure they both put the child’s needs before either of their own. What does co-parenting look like and is it the right choice for you? In this article, we’ll take a look at what it takes...

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