If you are the one planning to initiate the divorce action, think carefully about whether it is what you really want. Consider whether reconciliation is possible or whether couple's or marital counseling could help. If you decide to go ahead with the divorce, address the following issues:
•Hire a lawyer you can trust. Remember, this person should make you feel comfortable and should look after your interests.
•Gather together to give to your attorney copies of all your financial records including tax returns, pay stubs and investments. Keep these documents together and make sure you keep copies for your own records.
•Gather together to give to your attorney copies of any documents relating to ownership of property and personal belongings. While it is unlikely that your soon-to-be ex will fight with you over who owns your clothes, the ownership of an antique brooch from the man's side of the family could quickly become a heated debate. Know whose name is on the title for any houses, land, cars, boats, or other vehicles.
•Discuss with your lawyer the timeline of what has to happen when, and make sure you keep a running calendar of important dates and documents or appearances that are required of you.
•Open separate checking and credit accounts. Separate your paychecks from your spouse's as soon as possible.
•Work on making important decisions regarding any children or other dependents as quickly as possible.
•Revise your will. Make sure to put in provisions for any children in your custody upon the event of your death. Discuss with your attorney who you would like to raise your children.
•If you need to, acquire your own health insurance.
•Notify everyone. Your employer, health and life insurance, and pension accounts, especially, will want to know of your new single status.
Divorce is one of the most stressful situations you will ever go through. That said, remember to cut yourself a little slack, but also try to keep yourself calm and focused to the best of your ability. Inability to timely communicate or act can result in a divorce proceeding dragging on for months or years longer than it needs to be. Do your best to treat those around you with politeness and civility whenever possible to alleviate tension. With a little planning and a good attorney, you'll make it through just fine.
Eric M. Gansberg is your #1 source for divorce law in New York and Staten Island! He has the background and experience to protects your rights and interests and make sure they are met first. Choose Eric M. Gansberg for all your divorce law needs!
Monday, December 14, 2009
Collecting Past Due Child Support
Collecting past due child support is vital to making sure your child gets everything he or she needs. There are many approaches to take in attempting to collect unpaid child support:
Many child support orders have a clause that allows you to garnish the wages of the paying parent once payments become overdue. If your child support order doesn't have this language, you can ask the court to add it to your order.
Either your attorney or a local child support enforcement agency can prepare and serve the paperwork for a garnishment on the nonpaying parent's employer.
Once the garnishment takes effect, the current child support and some portion of the overdue child support is taken directly out of the nonpaying parent's paycheck each pay period. The amount of wages that can be withheld each pay period for child support varies from state to state, but is usually a certain percentage of total earnings. "Earnings" usually include pension benefits, bonuses and so forth.
Child support garnishments usually take precedence over other garnishments, such as consumer debt garnishments.
Under the 1996 Welfare Reform Act, all states must have procedures for revoking the "licenses" of non-paying parents.
Affected licenses include:
•Driver's licenses
•Passports
•Professional licenses (medical personnel, lawyers and any other profession for which you need a license to perform)
•Recreational licenses, such as fishing and hunting
Most states require the nonpaying parent to be behind a certain dollar amount in payments before licenses are suspended.
Many states give the nonpaying parent notice ahead of time of impending suspension, so there's real inventive to get child support payments current.
Eric M. Gansberg is your #1 source for child support law in New York and Staten Island! He has the background and experience to make sure that you get the money you are entitled to. Choose Eric M. Gansberg for all your child support law needs!
Many child support orders have a clause that allows you to garnish the wages of the paying parent once payments become overdue. If your child support order doesn't have this language, you can ask the court to add it to your order.
Either your attorney or a local child support enforcement agency can prepare and serve the paperwork for a garnishment on the nonpaying parent's employer.
Once the garnishment takes effect, the current child support and some portion of the overdue child support is taken directly out of the nonpaying parent's paycheck each pay period. The amount of wages that can be withheld each pay period for child support varies from state to state, but is usually a certain percentage of total earnings. "Earnings" usually include pension benefits, bonuses and so forth.
Child support garnishments usually take precedence over other garnishments, such as consumer debt garnishments.
Under the 1996 Welfare Reform Act, all states must have procedures for revoking the "licenses" of non-paying parents.
Affected licenses include:
•Driver's licenses
•Passports
•Professional licenses (medical personnel, lawyers and any other profession for which you need a license to perform)
•Recreational licenses, such as fishing and hunting
Most states require the nonpaying parent to be behind a certain dollar amount in payments before licenses are suspended.
Many states give the nonpaying parent notice ahead of time of impending suspension, so there's real inventive to get child support payments current.
Eric M. Gansberg is your #1 source for child support law in New York and Staten Island! He has the background and experience to make sure that you get the money you are entitled to. Choose Eric M. Gansberg for all your child support law needs!
Living Together with Your Partner: Choose Wisely
You've found someone you want to live with, but marriage isn't in the cards right now. Before you move in together, it's a good idea to think through the legal implications of sharing a life and a home. A little bit of communication about your expectations can go a long way toward avoiding future problems.
When you're not married, you don't have many of the legal protections given to those with a marriage certificate. Until the relationship is firmly established and you have a long history of stability, you'll probably want to:
•Keep separate bank accounts
•Avoid contributing financially to buy an asset which will be held just in your partner's name
•Maintain your ability to support yourself separate and apart from any promises of support made to you by your partner
•Avoid making promises to support your partner, either now or in the future
•Take care not to present yourself as "husband and wife" or adopt the same last name of your partner as if you were married
It isn't romantic to plan for a break-up, but it happens just like in marriages - except divorce laws protect both sides when a marriage ends.
More and more unmarried couples living together are putting together a contract - called a cohabitation contract or "living together agreement" that answers some of these questions:
•How will you split living expenses and who will be responsible for paying bills?
•Who's paying the mortgage or rent? Is it an even split or is one person paying less but planning to do more work around the place?
•What happens if you break up? Will your home automatically be put up for sale or rent? How will your property be divided?
•If you end up selling the house, who's going to pay closing costs, repair costs and moving expenses?
•What happens if one person wants to buy out the other? How can you determine a fair price?
•Who currently owns what property and what property will be jointly owned in the future?
'
Anyone can write and sign a contract - but make sure to do it in front of witnesses. It's not always necessary to get an attorney, but it's almost always safer. And if both parties can afford to get their own attorneys to look over the agreement, that's even better, because neither person can complain later they didn't understand what they were doing in signing the agreement.
Eric M. Gansberg is your #1 source for attorney representation for cohabitants in New York and Staten Island! He has the background and experience to make sure your rights and needs are protected. Choose Eric M. Gansberg for all your attorney needs!
When you're not married, you don't have many of the legal protections given to those with a marriage certificate. Until the relationship is firmly established and you have a long history of stability, you'll probably want to:
•Keep separate bank accounts
•Avoid contributing financially to buy an asset which will be held just in your partner's name
•Maintain your ability to support yourself separate and apart from any promises of support made to you by your partner
•Avoid making promises to support your partner, either now or in the future
•Take care not to present yourself as "husband and wife" or adopt the same last name of your partner as if you were married
It isn't romantic to plan for a break-up, but it happens just like in marriages - except divorce laws protect both sides when a marriage ends.
More and more unmarried couples living together are putting together a contract - called a cohabitation contract or "living together agreement" that answers some of these questions:
•How will you split living expenses and who will be responsible for paying bills?
•Who's paying the mortgage or rent? Is it an even split or is one person paying less but planning to do more work around the place?
•What happens if you break up? Will your home automatically be put up for sale or rent? How will your property be divided?
•If you end up selling the house, who's going to pay closing costs, repair costs and moving expenses?
•What happens if one person wants to buy out the other? How can you determine a fair price?
•Who currently owns what property and what property will be jointly owned in the future?
'
Anyone can write and sign a contract - but make sure to do it in front of witnesses. It's not always necessary to get an attorney, but it's almost always safer. And if both parties can afford to get their own attorneys to look over the agreement, that's even better, because neither person can complain later they didn't understand what they were doing in signing the agreement.
Eric M. Gansberg is your #1 source for attorney representation for cohabitants in New York and Staten Island! He has the background and experience to make sure your rights and needs are protected. Choose Eric M. Gansberg for all your attorney needs!
Same Sex Parenting Laws
If you and your partner are bringing up a child together, you'll want to do everything you can to protect your relationship with the child in the event you and your partner split up. The best way to approach this issue will vary greatly, depending on your relationship with your partner and child, and local laws and customs.
In some states, same sex partners can jointly adopt a child. If this alternative is available to you, it gives you the legal status any biological parent would have.
If your partner is the biological parent of the child, you may also be able to adopt the child through what's called a "second parent" adoption. Your ability to do this will depend on state law and whether the child's other biological parent is willing to relinquish parental rights to the child.
If adoption isn't possible for you, you'll definitely want to enter into a written "parenting agreement" with your partner, including such details as:
•That both of you consider yourselves the parents of the child, with all the rights and duties that come with parenthood
•That should your relationship not last, both of you intend that the parenting relationship with the child would continue, with regular visitation time with the child and joint parenting responsibilities
Court views on whether a same-sex partner should be entitled to continue a parenting relationship with a non-biological child vary greatly, depending on state laws and local biases. Some courts flatly refuse to even consider legally formalizing such a relationship.
Because of the uncertainties and the tremendous stress any litigation brings, it's a good idea to try to work out an agreement with your ex-partner short of taking the issue to court. Hiring a mediator to negotiate a settlement is often a good idea, and can also resolve any property issues at the same time.
Eric M. Gansberg is your #1 source for same sex parenting laws in New York and Staten Island! He has the background and experience to make sure that your needs as a same sex family are met first. Choose Eric M. Gansberg for all your same sex parenting laws needs!
In some states, same sex partners can jointly adopt a child. If this alternative is available to you, it gives you the legal status any biological parent would have.
If your partner is the biological parent of the child, you may also be able to adopt the child through what's called a "second parent" adoption. Your ability to do this will depend on state law and whether the child's other biological parent is willing to relinquish parental rights to the child.
If adoption isn't possible for you, you'll definitely want to enter into a written "parenting agreement" with your partner, including such details as:
•That both of you consider yourselves the parents of the child, with all the rights and duties that come with parenthood
•That should your relationship not last, both of you intend that the parenting relationship with the child would continue, with regular visitation time with the child and joint parenting responsibilities
Court views on whether a same-sex partner should be entitled to continue a parenting relationship with a non-biological child vary greatly, depending on state laws and local biases. Some courts flatly refuse to even consider legally formalizing such a relationship.
Because of the uncertainties and the tremendous stress any litigation brings, it's a good idea to try to work out an agreement with your ex-partner short of taking the issue to court. Hiring a mediator to negotiate a settlement is often a good idea, and can also resolve any property issues at the same time.
Eric M. Gansberg is your #1 source for same sex parenting laws in New York and Staten Island! He has the background and experience to make sure that your needs as a same sex family are met first. Choose Eric M. Gansberg for all your same sex parenting laws needs!
Legal Documents for Unmarried Couples Living Together
If you're in a committed relationship but have skipped the wedding, there are definite steps you can take now to assure your legal rights are honored. Legal and financial experts recommend that committed but unmarried couples consider making the following legal documents part of their portfolio:
Powers Of Attorney
A "durable power of attorney" and (sometimes called a "durable power of attorney for health care") will give your partner the right to handle your finances and health care decisions in the event of an accident or illness that leaves you incapacitated. This can prevent disputes with family members, who otherwise might be legally entitled to make these decisions.
Wills
Without a will, your entire estate will go to your relatives, not your partner. So if you're intending for your partner to receive even a portion of your estate, it's important to say so in a will.
Letters of Instruction
A "Letter of Instruction" lays out your wishes for burial or cremation, and can name your partner as the person responsible for making any decisions not covered by the letter of instruction.
Federal Estate Tax Planning
A married couple can benefit from federal estate tax laws that allow them to leave unlimited assets to each other free of federal estate tax implications. Unmarried couples must plan more carefully how to allocate sizable estates. It's important to see an estate planning lawyer who understands tax laws.
Beneficiary Changes
You're allowed to name a beneficiary on many accounts, such as:
•Individual retirement accounts
•Life insurance policies
•401(k) accounts
•Some stock accounts
Beneficiary designations on these accounts override your will, so it's important to make sure the money in these accounts is going to the appropriate beneficiary, either your partner or someone else.
Eric M. Gansberg is your #1 source for legal representation regarding the rights of unmarried couples in New York and Staten Island. He has the background and experience to make sure that your needs and interests are met first. Choose Eric M. Gansberg for all your attorney needs!
Powers Of Attorney
A "durable power of attorney" and (sometimes called a "durable power of attorney for health care") will give your partner the right to handle your finances and health care decisions in the event of an accident or illness that leaves you incapacitated. This can prevent disputes with family members, who otherwise might be legally entitled to make these decisions.
Wills
Without a will, your entire estate will go to your relatives, not your partner. So if you're intending for your partner to receive even a portion of your estate, it's important to say so in a will.
Letters of Instruction
A "Letter of Instruction" lays out your wishes for burial or cremation, and can name your partner as the person responsible for making any decisions not covered by the letter of instruction.
Federal Estate Tax Planning
A married couple can benefit from federal estate tax laws that allow them to leave unlimited assets to each other free of federal estate tax implications. Unmarried couples must plan more carefully how to allocate sizable estates. It's important to see an estate planning lawyer who understands tax laws.
Beneficiary Changes
You're allowed to name a beneficiary on many accounts, such as:
•Individual retirement accounts
•Life insurance policies
•401(k) accounts
•Some stock accounts
Beneficiary designations on these accounts override your will, so it's important to make sure the money in these accounts is going to the appropriate beneficiary, either your partner or someone else.
Eric M. Gansberg is your #1 source for legal representation regarding the rights of unmarried couples in New York and Staten Island. He has the background and experience to make sure that your needs and interests are met first. Choose Eric M. Gansberg for all your attorney needs!
Unmarried Couples Buying Property
It's tough for a couple to buy a house. It's even tougher when they're not married.
When qualifying for a loan, mortgage companies refuse to look at any unmarried couple - straight or gay - as having joint assets. Instead, they're seen as two separate individuals buying a house together. It doesn't matter if they have proof of their commitment, such as wills, trusts or jointly owned property.
From a legal standpoint, getting both names on the deed is critical if they're to share ownership.
Instead, they say, there's a tendency for a woman to believe her boyfriend when he says the house is really half hers. When the couple splits, the reality can be far different.
Besides including both names on the title, a couple should decide what happens if one person dies. It's depressing to think about, but it's vital to not leave the survivor out in the cold.
Many people choose "joint tenancy with the right of survivorship," which means the surviving partner gets sole ownership of the house. While this title makes transferring property easy, it could result in some heavy taxes if the house is worth a lot.
Another option is "tenants in common" or "partners in a partnership." If one person dies, that person's will determines what happens to his or her share. If there's no will, it will most likely go to the closest relative.
Liz Winfeld and her partner Susan Spielman had to deal with the hassle. When the couple bought their first house together in Massachusetts, not being married added to the stress and hassle.
"Susan ended up qualifying, but I didn't," she says. So Susan put the deed in her name. Once she took possession of the property, they met with an attorney to re-issue the deed with both their names on the title.
"Everyone acts like gays want the right to marry so that we can get dressed up, have a fancy ceremony and register at Macy's," says Winfeld, a workplace consultant and author. "It's not. It's all about getting the same legal and financial protection that married couples have."
Unmarried couples have to take extra steps to get the legal protection that married couples automatically get, whether it involves buying a house or writing a will. If they don't, it could be a recipe for leaving a partner bereft.
Eric M. Gansberg is your #1 source for unmarried couples purchasing real estate in New York and Staten Island! He has the background andexperience to make sure that the process is smooth and ethical! Choose Eric M. Gasnberg for all your real estate needs!
When qualifying for a loan, mortgage companies refuse to look at any unmarried couple - straight or gay - as having joint assets. Instead, they're seen as two separate individuals buying a house together. It doesn't matter if they have proof of their commitment, such as wills, trusts or jointly owned property.
From a legal standpoint, getting both names on the deed is critical if they're to share ownership.
Instead, they say, there's a tendency for a woman to believe her boyfriend when he says the house is really half hers. When the couple splits, the reality can be far different.
Besides including both names on the title, a couple should decide what happens if one person dies. It's depressing to think about, but it's vital to not leave the survivor out in the cold.
Many people choose "joint tenancy with the right of survivorship," which means the surviving partner gets sole ownership of the house. While this title makes transferring property easy, it could result in some heavy taxes if the house is worth a lot.
Another option is "tenants in common" or "partners in a partnership." If one person dies, that person's will determines what happens to his or her share. If there's no will, it will most likely go to the closest relative.
Liz Winfeld and her partner Susan Spielman had to deal with the hassle. When the couple bought their first house together in Massachusetts, not being married added to the stress and hassle.
"Susan ended up qualifying, but I didn't," she says. So Susan put the deed in her name. Once she took possession of the property, they met with an attorney to re-issue the deed with both their names on the title.
"Everyone acts like gays want the right to marry so that we can get dressed up, have a fancy ceremony and register at Macy's," says Winfeld, a workplace consultant and author. "It's not. It's all about getting the same legal and financial protection that married couples have."
Unmarried couples have to take extra steps to get the legal protection that married couples automatically get, whether it involves buying a house or writing a will. If they don't, it could be a recipe for leaving a partner bereft.
Eric M. Gansberg is your #1 source for unmarried couples purchasing real estate in New York and Staten Island! He has the background andexperience to make sure that the process is smooth and ethical! Choose Eric M. Gasnberg for all your real estate needs!
Sharing Custody
"Do what's best for the kids."
Everyone says that during a divorce. But determining "what's best" often becomes a mud-slinging tug-of-war where no one wins - especially the children.
Shared parenting plans attempt to diffuse the fighting, putting the children first. Both parents get joint legal and physical custody. The terms "custodial parent" and "visiting parent" no longer apply.
Supporters say joint custody helps fight the "fading father" syndrome, keeping dads emotionally and financially involved.
It makes sense. In a perfect world, children should grow up in a loving, supportive environment with both parents. And in a perfect world, both parents should share equal responsibilities, eradicating "traditional" gender roles where the father's the sole breadwinner and the mother's the sole caregiver.
The only time shared parenting doesn't work better than other custody arrangements is if the parents continue to fight, says Luevy. Arguing, crying and all the other emotional baggage that's hard to shed hurts the children more than anything else. (Of course, joint custody isn't possible if one of the parents is abusive or unfit in other ways).
Joint custody is now the preferred and presumed custody arrangement in 26 states and the District of Columbia. And more than one out of five divorces has shared parenting arrangements, says a 1997 report from the National Center for Health Statistics.
But even the courts are increasingly favoring joint custody, instead of choosing one parent over the other. A divorced couple in Boston made headlines when an Appeals Court ruled that the mother and father would rotate school years, so that one parent gets the child during the school week and the other parent gets the child for the weekends for one year. Then the parents will reverse the schedule the next year. Both parents had asked for sole custody
Eric M. Gansberg is your #1 source for custody laws in New York and Staten Island! He has the background and experience to make sure that everybody wins when it comes to the law. Choose Eric M. Gansberg for all your child custody law needs!
Everyone says that during a divorce. But determining "what's best" often becomes a mud-slinging tug-of-war where no one wins - especially the children.
Shared parenting plans attempt to diffuse the fighting, putting the children first. Both parents get joint legal and physical custody. The terms "custodial parent" and "visiting parent" no longer apply.
Supporters say joint custody helps fight the "fading father" syndrome, keeping dads emotionally and financially involved.
It makes sense. In a perfect world, children should grow up in a loving, supportive environment with both parents. And in a perfect world, both parents should share equal responsibilities, eradicating "traditional" gender roles where the father's the sole breadwinner and the mother's the sole caregiver.
The only time shared parenting doesn't work better than other custody arrangements is if the parents continue to fight, says Luevy. Arguing, crying and all the other emotional baggage that's hard to shed hurts the children more than anything else. (Of course, joint custody isn't possible if one of the parents is abusive or unfit in other ways).
Joint custody is now the preferred and presumed custody arrangement in 26 states and the District of Columbia. And more than one out of five divorces has shared parenting arrangements, says a 1997 report from the National Center for Health Statistics.
But even the courts are increasingly favoring joint custody, instead of choosing one parent over the other. A divorced couple in Boston made headlines when an Appeals Court ruled that the mother and father would rotate school years, so that one parent gets the child during the school week and the other parent gets the child for the weekends for one year. Then the parents will reverse the schedule the next year. Both parents had asked for sole custody
Eric M. Gansberg is your #1 source for custody laws in New York and Staten Island! He has the background and experience to make sure that everybody wins when it comes to the law. Choose Eric M. Gansberg for all your child custody law needs!
Your Rights as a Father
What's written in the court order on custody, sometimes called a "parenting plan" or "visitation schedule," is what's legally enforceable. So it's very important to think through any difficulties you and your soon-to-be-ex may have making a visitation schedule work before you put your plan to paper.
Issues that should be dealt with in detail in your court order if you're the noncustodial parent include:
•Exact days and times the children will spend with you. Phrases like "reasonable visitation" don't get you far when you're dealing with an uncooperative custodial parent.
•What holidays the children will spend with you, and the exact days and times these holidays will begin and end
•What contact the children can have with you during the time they're with the custodial parent, including phone calls and emails
•Your ability to participate in the childrens' school and extra-curricular activities, and the custodial parent's duty to inform you of these events
•Your access to school and medical records
•Who will provide transportation for the children, especially if you live far away and transportation is expensive
If you've already got a custody order, how do you enforce it when the custodial parent doesn't honor it? If it's an occasional problem, try to be flexible in rearranging your schedule. Make sure you make up the missed time as soon as possible.
If the problem persists, you'll want to document the violations of the order before seeing an attorney. An easy way to document violations of a custody order is with a simple calendar, writing notes about the time lost with your child and your efforts to reschedule the visits. After you can show a pattern of behavior, you can work with a lawyer to get the order enforced in court.
In many states, consistent violations of a custody order can be grounds for changing custody, especially if the custodial parent is alienating the children with negative remarks and withholding information about the children from the noncustodial parent.
In most states, the police will assist you in enforcing a visitation order. But you'll want to think carefully about the impact the appearance of police officers on their doorstep may have on your children. Sometimes simply threatening to get the police involved will coerce the custodial parent into honoring the visitation order.
Eric M. Gansberg is your #1 source for father rights and family law in New York and Staten Island! He has the background and experience to make sure that your rights as a father are enforced! Choose Eric M. Gansberg for all your paternity rights needs!
Issues that should be dealt with in detail in your court order if you're the noncustodial parent include:
•Exact days and times the children will spend with you. Phrases like "reasonable visitation" don't get you far when you're dealing with an uncooperative custodial parent.
•What holidays the children will spend with you, and the exact days and times these holidays will begin and end
•What contact the children can have with you during the time they're with the custodial parent, including phone calls and emails
•Your ability to participate in the childrens' school and extra-curricular activities, and the custodial parent's duty to inform you of these events
•Your access to school and medical records
•Who will provide transportation for the children, especially if you live far away and transportation is expensive
If you've already got a custody order, how do you enforce it when the custodial parent doesn't honor it? If it's an occasional problem, try to be flexible in rearranging your schedule. Make sure you make up the missed time as soon as possible.
If the problem persists, you'll want to document the violations of the order before seeing an attorney. An easy way to document violations of a custody order is with a simple calendar, writing notes about the time lost with your child and your efforts to reschedule the visits. After you can show a pattern of behavior, you can work with a lawyer to get the order enforced in court.
In many states, consistent violations of a custody order can be grounds for changing custody, especially if the custodial parent is alienating the children with negative remarks and withholding information about the children from the noncustodial parent.
In most states, the police will assist you in enforcing a visitation order. But you'll want to think carefully about the impact the appearance of police officers on their doorstep may have on your children. Sometimes simply threatening to get the police involved will coerce the custodial parent into honoring the visitation order.
Eric M. Gansberg is your #1 source for father rights and family law in New York and Staten Island! He has the background and experience to make sure that your rights as a father are enforced! Choose Eric M. Gansberg for all your paternity rights needs!
Selecting a Great Family Law Attorney
Choosing the right lawyer to help you in your divorce is hard work. But it's important and worth taking the time to do it right.
First, ask yourself what it is you're trying to accomplish. Do you just need an uncontested divorce? Is mediation a possibility? Or has your relationship with your spouse deteriorated to the point that what you really need is simply a warrior to go forth and do bloody (and frightfully expensive) battle on your behalf in an adversarial divorce?
Are your affairs fairly simple, so that most any lawyer with basic understanding and good people skills can help you, or do you have complex property holdings and support goals, so that you need a lawyer with sophisticated tax and financial awareness to help you design a plan that yields the most after-tax dollars? Knowing the kind of legal services you're going to need will help you shop for those services more effectively.
Once you have a list of prospective lawyers, use the following guidelines to do some initial screening and narrow your list down to three or four prospective candidates:
•Look at biographical information, including whatever you can find on Web sites for the lawyers and their law firms. Do they appear to have expertise in the area of family law that you need? Do they have any information on their Web sites that is helpful to you?
•Use search engines to surf the Internet. Do searches under the name of the lawyer and his or her law firm. Can you find any articles, FAQ's or other informational pieces that the lawyer has done that that give you a level of comfort?
•Ask other people if they have heard of the attorneys and what they think about them.
•Contact your state bar association or visit their Web site to find out if the lawyer is in good standing.
•Check out the yellow pages of your telephone directory. Does the lawyer advertise? If so, do you find it compelling? Helpful? Tasteful?
•Check out the online archives of your local newspaper. Has there been any publicity about the lawyer or the cases that he or she has handled?
•Consider any special needs you have. For example, could you benefit from an attorney who speaks a language other than English?
•Your analysis of each prospective lawyer begins with the first phone call. Many lawyers with predominantly courtroom practices are hard to reach on the telephone, so you may be spending a good bit of time with the person who answers the phone. Does the person answering seem pleasant? Well informed about the issues you are facing? Able to deliver results?
•Are you able to schedule an appointment with the lawyer easily? If the lawyer can't see you to talk about new business, it may be even harder to get his or her attention to talk about your case once it's been underway for a while.
Eric M. Gansberg is your #1 source for family law attorneys in New York and Staten Island. He has the background and experience to makse sure that the case goes in your favor! Choose Eric M. Gansberg for all your family law attorney needs!
First, ask yourself what it is you're trying to accomplish. Do you just need an uncontested divorce? Is mediation a possibility? Or has your relationship with your spouse deteriorated to the point that what you really need is simply a warrior to go forth and do bloody (and frightfully expensive) battle on your behalf in an adversarial divorce?
Are your affairs fairly simple, so that most any lawyer with basic understanding and good people skills can help you, or do you have complex property holdings and support goals, so that you need a lawyer with sophisticated tax and financial awareness to help you design a plan that yields the most after-tax dollars? Knowing the kind of legal services you're going to need will help you shop for those services more effectively.
Once you have a list of prospective lawyers, use the following guidelines to do some initial screening and narrow your list down to three or four prospective candidates:
•Look at biographical information, including whatever you can find on Web sites for the lawyers and their law firms. Do they appear to have expertise in the area of family law that you need? Do they have any information on their Web sites that is helpful to you?
•Use search engines to surf the Internet. Do searches under the name of the lawyer and his or her law firm. Can you find any articles, FAQ's or other informational pieces that the lawyer has done that that give you a level of comfort?
•Ask other people if they have heard of the attorneys and what they think about them.
•Contact your state bar association or visit their Web site to find out if the lawyer is in good standing.
•Check out the yellow pages of your telephone directory. Does the lawyer advertise? If so, do you find it compelling? Helpful? Tasteful?
•Check out the online archives of your local newspaper. Has there been any publicity about the lawyer or the cases that he or she has handled?
•Consider any special needs you have. For example, could you benefit from an attorney who speaks a language other than English?
•Your analysis of each prospective lawyer begins with the first phone call. Many lawyers with predominantly courtroom practices are hard to reach on the telephone, so you may be spending a good bit of time with the person who answers the phone. Does the person answering seem pleasant? Well informed about the issues you are facing? Able to deliver results?
•Are you able to schedule an appointment with the lawyer easily? If the lawyer can't see you to talk about new business, it may be even harder to get his or her attention to talk about your case once it's been underway for a while.
Eric M. Gansberg is your #1 source for family law attorneys in New York and Staten Island. He has the background and experience to makse sure that the case goes in your favor! Choose Eric M. Gansberg for all your family law attorney needs!
Legal Consequences of Domestic Abuse
Domestic violence is violent conduct between:
•Spouses
•Family members
•Those residing in the same household that causes or threatens injury.
Where the violence is between adults, a state generally won't get involved unless the conduct becomes criminal in nature. Most states have a list of criminal statutes that, if violated, qualify as domestic violence if the victim is a family member or lives with the person violating the statute.
The legal consequences of domestic violence vary from state to state.
In general, courts are authorized at a first (or "emergency") hearing to act on a temporary basis. For example, where there is reasonable suspicion that domestic violence has taken place, the court may temporarily restrain the person accused of domestic violence from contact with the victim.
Where appropriate, the court will restrain the person accused from contact with the children of the victim or the parties.
Temporary restraints may require the accused person to move out of the shared residence. These restraints may also bar contact at the workplace or school as well as the residence, heaping a substantial burden on the person accused of domestic violence.
Shortly following a first or emergency hearing, a court must hold a full hearing or a trial to determine whether or not domestic violence occurred. If the court decides there was domestic violence, the judge can offer a wide range of remedies, which differ from state to state. These remedies may include:
•Permanent restraints
•Award of money damages
•Liability for child or spousal support
•Orders regarding child custody and visitation
Additionally, if a court finds someone to have been violent, the court may refer the matter to law enforcement for criminal prosecution.
Most states have shelters to house victims of domestic violence. Many police departments intervene aggressively in domestic violence situations to encourage the victim to bring criminal and civil charges against the abuser.
Eric M. Gansberg is your #1 source for a family law attorney regarding domestic violence in New York and Staten Island! He has the background and experience to make sure your interests are protected first. Choose Eric M. Gansberg for all your domestic law attorney needs!
•Spouses
•Family members
•Those residing in the same household that causes or threatens injury.
Where the violence is between adults, a state generally won't get involved unless the conduct becomes criminal in nature. Most states have a list of criminal statutes that, if violated, qualify as domestic violence if the victim is a family member or lives with the person violating the statute.
The legal consequences of domestic violence vary from state to state.
In general, courts are authorized at a first (or "emergency") hearing to act on a temporary basis. For example, where there is reasonable suspicion that domestic violence has taken place, the court may temporarily restrain the person accused of domestic violence from contact with the victim.
Where appropriate, the court will restrain the person accused from contact with the children of the victim or the parties.
Temporary restraints may require the accused person to move out of the shared residence. These restraints may also bar contact at the workplace or school as well as the residence, heaping a substantial burden on the person accused of domestic violence.
Shortly following a first or emergency hearing, a court must hold a full hearing or a trial to determine whether or not domestic violence occurred. If the court decides there was domestic violence, the judge can offer a wide range of remedies, which differ from state to state. These remedies may include:
•Permanent restraints
•Award of money damages
•Liability for child or spousal support
•Orders regarding child custody and visitation
Additionally, if a court finds someone to have been violent, the court may refer the matter to law enforcement for criminal prosecution.
Most states have shelters to house victims of domestic violence. Many police departments intervene aggressively in domestic violence situations to encourage the victim to bring criminal and civil charges against the abuser.
Eric M. Gansberg is your #1 source for a family law attorney regarding domestic violence in New York and Staten Island! He has the background and experience to make sure your interests are protected first. Choose Eric M. Gansberg for all your domestic law attorney needs!
Child Abuse and Neglect Law
Generally a child can be removed from his parents if the child is abused or neglected by a parent, and if removal is necessary to avoid immediate risk to the child's life or health. A child can be considered abused or neglected if a parent does not provide proper supervision, or harms the child, or allows others to harm the child, or exposes the child to a substantial risk of harm.
The legal language is convoluted, but it boils down to this: the child can be considered abused or neglected if a parent does not provide proper supervision, or harms the child, or allows others to harm the child, or exposes the child to a substantial risk of harm. It's this last possibility that would matter in a case in which parents gave their children supposedly abusive names.
News reports quote forensic psychologist N. G. Berrill saying that naming a boy Hitler could be considered child abuse, partly because it shows that the parents themselves are acting childishly, not like responsible adults. Berrill also suggests that, "You can name your dog something weird, but [the Campbell parents] think they're making some kind of bold statement with the children, not appreciating that the children will have separate lives and will be looked at in a negative light until they're able to change their names. It is abuse."
Of course, reasonable people can have different opinions, and another psychologist might agree with little Adolf's father, Heath Campbell, who is quoted as saying, "I think people need to take their heads out of the cloud they've been in and start focusing on the future and not on the past. There's a new President and he says it's time for a change; well, then it's time for a change. They need to accept a name. A name's a name. The kid isn't going to grow up and do what [Hitler] did."
So, if you were a Family Court judge in Holland Township, you might have to decide which of these arguments is more convincing. Adolph Hitler (the leader of the Nazis, not the child in New Jersey) never had any children. If he had, we can only wonder what effect that name would have had on their lives.
Eric M. Gnasbger is your #1 source for family law regarding child abuse and neglect in new york and Staten Island! He has the background and experience to ensure that your legal proceedings continue smoothly. Choose Eric M. Gansberg for all your child abuse and neglect lawyer needs!
The legal language is convoluted, but it boils down to this: the child can be considered abused or neglected if a parent does not provide proper supervision, or harms the child, or allows others to harm the child, or exposes the child to a substantial risk of harm. It's this last possibility that would matter in a case in which parents gave their children supposedly abusive names.
News reports quote forensic psychologist N. G. Berrill saying that naming a boy Hitler could be considered child abuse, partly because it shows that the parents themselves are acting childishly, not like responsible adults. Berrill also suggests that, "You can name your dog something weird, but [the Campbell parents] think they're making some kind of bold statement with the children, not appreciating that the children will have separate lives and will be looked at in a negative light until they're able to change their names. It is abuse."
Of course, reasonable people can have different opinions, and another psychologist might agree with little Adolf's father, Heath Campbell, who is quoted as saying, "I think people need to take their heads out of the cloud they've been in and start focusing on the future and not on the past. There's a new President and he says it's time for a change; well, then it's time for a change. They need to accept a name. A name's a name. The kid isn't going to grow up and do what [Hitler] did."
So, if you were a Family Court judge in Holland Township, you might have to decide which of these arguments is more convincing. Adolph Hitler (the leader of the Nazis, not the child in New Jersey) never had any children. If he had, we can only wonder what effect that name would have had on their lives.
Eric M. Gnasbger is your #1 source for family law regarding child abuse and neglect in new york and Staten Island! He has the background and experience to ensure that your legal proceedings continue smoothly. Choose Eric M. Gansberg for all your child abuse and neglect lawyer needs!
Military Divorces
Military divorces are governed by a combination of federal and state law. Military pension and certain emergency child support orders are dictated by federal law. State laws dictate the handling of all other matters pertaining to a military divorce.
Protection from Divorce Proceedings
Military personnel have some legal protection from divorce proceedings that are not granted to the public at large. Under the Servicemembers Civil Relief Act (SCRA) military men and women are protected from lawsuits including divorce proceedings to enable them "to devote their entire energy to the defense needs of the Nation." A court may delay legal proceeding for the time that the service member is on active duty and for 60 days following active duty.
Process Service
A state court will not be able to hear a case unless it has authority. The authority of a court to hear a case is called jurisdiction. Therefore, if the spouse of a military member is the one seeking a divorce, the active duty spouse must be personally served with a summons and petition for divorce in order for a state court to have jurisdiction over the military member.
If the active duty spouse is overseas or deployed, you may request that military authority serve your spouse, but your spouse must consent to service. If your spouse will not consent, you may request the court to appoint an officer of the court to serve the papers unless your spouse is serving on a ship or at a shore installation.
Residency and Filing Requirements
Many states allow a military member or spouse to file for a divorce in the state where the military person is stationed, even if neither the military member nor the spouse is a resident of that state. These states will often reduce or eliminate the residency requirement for military divorces.
A military member or spouse has a choice of the following three states in which to file for a divorce:
•State where the spouse resides
•State where the military member is stationed
•State where the military member claims legal residency (place where military member plans to live after discharge or retirement)
Although either spouse may file for divorce in any of the three locations listed above, the allowable grounds for divorce and property distribution are governed by the laws of the state where the divorce action is filed.
Grounds for Divorce
Eric Gansberg understand that the needs of military families are unique and he will work hard to make sure everything is completed in an amicable fashion! Choose Eric M. Gansberg for your lawyer in New York and Staten Island!
Protection from Divorce Proceedings
Military personnel have some legal protection from divorce proceedings that are not granted to the public at large. Under the Servicemembers Civil Relief Act (SCRA) military men and women are protected from lawsuits including divorce proceedings to enable them "to devote their entire energy to the defense needs of the Nation." A court may delay legal proceeding for the time that the service member is on active duty and for 60 days following active duty.
Process Service
A state court will not be able to hear a case unless it has authority. The authority of a court to hear a case is called jurisdiction. Therefore, if the spouse of a military member is the one seeking a divorce, the active duty spouse must be personally served with a summons and petition for divorce in order for a state court to have jurisdiction over the military member.
If the active duty spouse is overseas or deployed, you may request that military authority serve your spouse, but your spouse must consent to service. If your spouse will not consent, you may request the court to appoint an officer of the court to serve the papers unless your spouse is serving on a ship or at a shore installation.
Residency and Filing Requirements
Many states allow a military member or spouse to file for a divorce in the state where the military person is stationed, even if neither the military member nor the spouse is a resident of that state. These states will often reduce or eliminate the residency requirement for military divorces.
A military member or spouse has a choice of the following three states in which to file for a divorce:
•State where the spouse resides
•State where the military member is stationed
•State where the military member claims legal residency (place where military member plans to live after discharge or retirement)
Although either spouse may file for divorce in any of the three locations listed above, the allowable grounds for divorce and property distribution are governed by the laws of the state where the divorce action is filed.
Grounds for Divorce
Eric Gansberg understand that the needs of military families are unique and he will work hard to make sure everything is completed in an amicable fashion! Choose Eric M. Gansberg for your lawyer in New York and Staten Island!
Sunday, December 6, 2009
Types of Restraining Orders
Although the rules and names for restraining orders vary in every jurisdiction, there are three common types of restraining orders. The first type of restraining orders is an emergency protective order, which goes into effect immediately. Emergency protective orders usually arise in situations of police responding to domestic violence calls. A police officer can call a judge at any time and request the emergency protective order if the officer feels it is necessary to prevent imminent harm. An emergency protective order only lasts a short amount of time, usually less than a week, and its purpose is to provide protection and give a victim time to apply for a restraining order.
The second type of restraining order is a temporary restraining order, which also lasts only a short period of time, usually less than a month. A temporary restraining order is issued when a victim applies for a restraining order. Its purpose is to provide the victim protection until a hearing can be held and a restraining order can be issued.
Permanent restraining order is the third type of restraining orders and is usually referred to as simply a restraining order. A permanent restraining order can be issued once a hearing has been held, and it can be in effect for up to a set number of years in some jurisdictions. Permanent restraining orders can be renewed or extended if the victim is still in danger of being subjected to abusive or harassing behavior when the order expires.
Eric M. Gansberg is your #1 source for restraining orders in New York and Staten Island! His background and experience will make sure you get everything you ask for! Choose Eric Gansberg for your restraining orders!
The second type of restraining order is a temporary restraining order, which also lasts only a short period of time, usually less than a month. A temporary restraining order is issued when a victim applies for a restraining order. Its purpose is to provide the victim protection until a hearing can be held and a restraining order can be issued.
Permanent restraining order is the third type of restraining orders and is usually referred to as simply a restraining order. A permanent restraining order can be issued once a hearing has been held, and it can be in effect for up to a set number of years in some jurisdictions. Permanent restraining orders can be renewed or extended if the victim is still in danger of being subjected to abusive or harassing behavior when the order expires.
Eric M. Gansberg is your #1 source for restraining orders in New York and Staten Island! His background and experience will make sure you get everything you ask for! Choose Eric Gansberg for your restraining orders!
Alimony
Alimony (also called spousal support or maintenance) is payment from one ex-spouse to the other. The idea seems simple—one former spouse supports the other, but rarely is it that easy. In all cases, there are numerous factors that judges examine when deciding if alimony should be awarded, the amount and for how long.
Awards of alimony and other laws governing marriage and divorce are specific to your state. There's some guidance on how alimony is awarded, but the judge has wide authority to decide when to award alimony and when it shouldn't be awarded.
When deciding whether to award alimony, most state laws require judges to consider various factors, which may include:
•The standard of living during the marriage
•Each spouse's income and financial condition at the time of divorce
•The age and physical and emotional health of each person
•The need for financial support and the ability to pay alimony
Generally, the amount of an alimony award is the amount that the recipient will need for ''maintenance,'' which includes things like:
•Food, shelter, and clothing
•Reasonable or necessary transportation costs
•Household expenses
Eric M. Gansberg is your #1 source for alimony attorney services in New York and Staten Island! He has the experience and background to fight for your alimony needs! Choose Eric Gansberg for your alimony attorney needs!
Awards of alimony and other laws governing marriage and divorce are specific to your state. There's some guidance on how alimony is awarded, but the judge has wide authority to decide when to award alimony and when it shouldn't be awarded.
When deciding whether to award alimony, most state laws require judges to consider various factors, which may include:
•The standard of living during the marriage
•Each spouse's income and financial condition at the time of divorce
•The age and physical and emotional health of each person
•The need for financial support and the ability to pay alimony
Generally, the amount of an alimony award is the amount that the recipient will need for ''maintenance,'' which includes things like:
•Food, shelter, and clothing
•Reasonable or necessary transportation costs
•Household expenses
Eric M. Gansberg is your #1 source for alimony attorney services in New York and Staten Island! He has the experience and background to fight for your alimony needs! Choose Eric Gansberg for your alimony attorney needs!
Asset Division After Divorce
When you build a life together, you don't think about what to do if you divorce. Buying a house, car or land; opening retirement accounts, credit card accounts, savings accounts, gym memberships - the list of the things you create as a couple is endless. What happens if it doesn't work out and these items must be divided in a potentially messy divorce. Then, terms like "community property," "property division" and "spousal support." become part of your vocabulary.
Each of your attorneys can help you decide which of these items are important. In the end, though, remember these are just things, and getting through the divorce with your sanity is more important.
Eric M. Gansberg is your #1 source for divorce attorney services in New York and Staten Island! He has the experience and background to make sure your interests are met first during the event of a sticky divorce! Choose Eric Gansberg for all your attorney services for divorce!
Each of your attorneys can help you decide which of these items are important. In the end, though, remember these are just things, and getting through the divorce with your sanity is more important.
Eric M. Gansberg is your #1 source for divorce attorney services in New York and Staten Island! He has the experience and background to make sure your interests are met first during the event of a sticky divorce! Choose Eric Gansberg for all your attorney services for divorce!
Do I Need a Reason to Get Divorced?
For a court to grant you a divorce, you must have grounds that establish the reason for your divorce. That is true whether you are getting a divorce based on no-fault grounds or based on whose fault the divorce is.
To get a no-fault divorce you will need to state that there has been a breakdown of your marriage, but you won't need to prove that your spouse was to blame for the failure of your marriage in this type.
To get a fault-based divorce you will need to state one of the grounds that are a recognized reason for divorce in your state and you will also need to prove that your spouse was at fault. Some of the most common fault-based grounds are adultery, desertion and imprisonment. The specific terminology that you use as grounds for divorce based on the breakdown of your marriage varies by state.
Most states have both no-fault and fault-based divorces but some states have only no-fault divorces. Divorces where neither spouse is blamed for the failure of the marriage are called no-fault divorces and they are allowed in every state and the District of Columbia. Divorces where one spouse is blamed for the failure of the marriage are still valid in most states and these are considered fault-based divorces.
Eric M. Gansberg is your #1 choice for divorce attorney services in Staten Island and New York! His background and experience make him a solid candidate to defend your interests in a divorce case! Choose Eric Gansberg for all your divorce attorney needs!
To get a no-fault divorce you will need to state that there has been a breakdown of your marriage, but you won't need to prove that your spouse was to blame for the failure of your marriage in this type.
To get a fault-based divorce you will need to state one of the grounds that are a recognized reason for divorce in your state and you will also need to prove that your spouse was at fault. Some of the most common fault-based grounds are adultery, desertion and imprisonment. The specific terminology that you use as grounds for divorce based on the breakdown of your marriage varies by state.
Most states have both no-fault and fault-based divorces but some states have only no-fault divorces. Divorces where neither spouse is blamed for the failure of the marriage are called no-fault divorces and they are allowed in every state and the District of Columbia. Divorces where one spouse is blamed for the failure of the marriage are still valid in most states and these are considered fault-based divorces.
Eric M. Gansberg is your #1 choice for divorce attorney services in Staten Island and New York! His background and experience make him a solid candidate to defend your interests in a divorce case! Choose Eric Gansberg for all your divorce attorney needs!
Your Finances at Divorce
You're getting a divorce, but have you thought about your financial situation after the divorce? Will you have enough income to meet your needs? You can take steps to reduce the strain on your finances that a divorce will have by preparing and sticking to a budget. The marriage is a bust and you've decided to go it alone. Your spouse handled all the finances and bill paying. It's time to educate yourself on the costs of surviving on your own. Preparing a monthly budget will force you to recognize what it will take to meet your needs.
Now you have some tough but necessary decisions to make. Taking on another job is certainly an option and may even be a necessity. But you should first try to cut unnecessary expenses.
Assess what you need to survive versus what you would like to have. Even your fixed expenses can be reduced. Sell the high-priced home and car for something more affordable, downsize the cable and cell phone service and eliminate the land line. Cut such luxuries as regularly dining out, weekly movies, annual vacations or amusement park season passes.
Do not apply for new credit cards or loans to pay for any luxuries and do not overspend your budget. It will only make your financial condition worse. In time, your income will improve and you will be better equipped to make additional financial decisions on your own.
Eric M Gansberg is your #1 attorney to fight for your interests in a divorce in New York and Staten Island! His experience and background make him the solid solution in a sticky divorce! Choose Eric Gansberg for all your divorce attorney needs!
Now you have some tough but necessary decisions to make. Taking on another job is certainly an option and may even be a necessity. But you should first try to cut unnecessary expenses.
Assess what you need to survive versus what you would like to have. Even your fixed expenses can be reduced. Sell the high-priced home and car for something more affordable, downsize the cable and cell phone service and eliminate the land line. Cut such luxuries as regularly dining out, weekly movies, annual vacations or amusement park season passes.
Do not apply for new credit cards or loans to pay for any luxuries and do not overspend your budget. It will only make your financial condition worse. In time, your income will improve and you will be better equipped to make additional financial decisions on your own.
Eric M Gansberg is your #1 attorney to fight for your interests in a divorce in New York and Staten Island! His experience and background make him the solid solution in a sticky divorce! Choose Eric Gansberg for all your divorce attorney needs!
Adoption Law
Adoption law creates the legal relationship of parent and child between persons who are not each other's biological parent or child. It is largely a product of state law. Adoption laws vary from state to state. There are also different types of a legal adoption. But whether you decide go through an adoption agency or to adopt from a private person, a decree of adoption usually means that the legal relationship of the adopted child is completely severed with its biological parents and family. For all legal purposes, adopted children become the children of their adoptive parents
Both foster and adoption agencies strive to give a child a loving, permanent home. Typically that used to mean finding a young, married couple that had the same skin color as the child. People who are single, over 40, or gay still often face obstacles and delays in adopting a child. Even young, white couples wanting to adopt a child of a different race can face hassles.
It's not that people who don't fit the "traditional" parent profile can't legally adopt, it's just that it requires more patience. After all, hundreds of thousands of children are eagerly waiting to find parents. More than approximately 514,000 children were in foster care at the end of 2005 and about 115,000 of them were eligible to be adopted, according to reports by the U.S. Department of Health and Human Services.
Eric M. Gansberg is your #1 source for adoption family law in Staten Island and all of New York! He has a solid background and experience to fight for your rights! Choose Eric Gansberg for all your adoption law needs!
Both foster and adoption agencies strive to give a child a loving, permanent home. Typically that used to mean finding a young, married couple that had the same skin color as the child. People who are single, over 40, or gay still often face obstacles and delays in adopting a child. Even young, white couples wanting to adopt a child of a different race can face hassles.
It's not that people who don't fit the "traditional" parent profile can't legally adopt, it's just that it requires more patience. After all, hundreds of thousands of children are eagerly waiting to find parents. More than approximately 514,000 children were in foster care at the end of 2005 and about 115,000 of them were eligible to be adopted, according to reports by the U.S. Department of Health and Human Services.
Eric M. Gansberg is your #1 source for adoption family law in Staten Island and all of New York! He has a solid background and experience to fight for your rights! Choose Eric Gansberg for all your adoption law needs!
Tuesday, November 17, 2009
Biography of Eric M. Gansberg
Eric M. Gansberg graduated Wagner College, cum laude, in 1980. He then attended Antioch School of Law, Washington D.C., obtaining a juris doctorate in 1983. Admitted to practice before the New York State and federal district courts in 1984, Mr. Gansberg is an experienced attorney. In addition to practicing law, Eric M. Gansberg has taught law and is a published author. He has also served as a Family Court hearing examiner (now support magistrate deciding complex issues of spousal support and maintenance, child support, and the issues related thereto.Current Employment Position(s):
Principal
Areas of Practice:
Child Support
Contracts
Custody & Visitation
Divorce
Education Law
Estate Planning
Family Law
Landlord/Tenant
Personal Injury -- Plaintiff
Real Estate Law
Bar Admissions:
New York, 1984
U.S. District Court Southern District of Florida Trial Bar, 1984
U.S. District Court Eastern District of New York, 1984
U.S. Supreme Court, 1988
Education:
Antioch School of Law, Washington, District of Columbia, 1983
J.D.
Wayne College, Staten Island, N.Y., US, 1983
B.A.
Major: History
Published Works:
Paralegals in NY Law, Lawyers Coop - Delaware, 1993
Eric M. Gansberg is your #1 choice for an attorney in Straten Island and New York! As you can see, he has a solid background and experience to make sure that your needs are met first and foremost! Choose the talents of Eric M. Gansberg, Attorney at Law in New York!
Firm Overview
As an experienced Staten Island lawyer, Eric Gansberg has dedicated his law practice to assisting clients throughout the New York City area. Mr. Gansberg helps clients handle changes to family dynamics, including the addition of children, marriage, divorce, the incapacitation of a family member, and death. His expertise is across a wide variety of fileds, but his main specialty revolves around family law.
Some of the practices Mr. Gansberg specializes in include:
Divorce and Family Law
Estate Planning and Elder Law
Residential Real Estate
Background and Qualifications
The following information highlights Eric Gansberg’s successful practice.
-In private practice and through public service, he has been providing clients with quality representation since 1984.
-From 1984 - 2005, he taught classes at the College of Staten Island, C.U.N.Y., including topics relating to family law, real estate, and estate planning.
-He is an accomplished author, having published Paralegals in New York Law in 1993, covering topics related to divorce, property rights, and wills and trusts.
-As a former Family Court Support Magistrate, he has addressed complex family support issues.
-he was born and raised on Staten Island, and he's familiar with the needs of families in the New York City metropolitan area.
-He has lectured to attorneys and other professionals about family law, real estate and estate planning matters.
These credentials ensure that you will receive total quality attorney services when you choose Eric Gansberg for your legal representation. Eric M. Gansberg is your #1 choice for family law attorneys in New York! He has a solid background and experience and will make sure your needs are met first and foremost! Choose Eric M. Gansberg for your attorney needs in Straten Island and New York!
Some of the practices Mr. Gansberg specializes in include:
Divorce and Family Law
Estate Planning and Elder Law
Residential Real Estate
Background and Qualifications
The following information highlights Eric Gansberg’s successful practice.
-In private practice and through public service, he has been providing clients with quality representation since 1984.
-From 1984 - 2005, he taught classes at the College of Staten Island, C.U.N.Y., including topics relating to family law, real estate, and estate planning.
-He is an accomplished author, having published Paralegals in New York Law in 1993, covering topics related to divorce, property rights, and wills and trusts.
-As a former Family Court Support Magistrate, he has addressed complex family support issues.
-he was born and raised on Staten Island, and he's familiar with the needs of families in the New York City metropolitan area.
-He has lectured to attorneys and other professionals about family law, real estate and estate planning matters.
These credentials ensure that you will receive total quality attorney services when you choose Eric Gansberg for your legal representation. Eric M. Gansberg is your #1 choice for family law attorneys in New York! He has a solid background and experience and will make sure your needs are met first and foremost! Choose Eric M. Gansberg for your attorney needs in Straten Island and New York!
Family Law
As a New York family law attorney with over twenty years of experience, including serving as a Family Court Support Magistrate, Eric Gansberg provides individuals in the New York Metropolitan area with dedicated representation.
Family law matters may be very emotionally charged and stressful, affecting the entire family. Eric Gansberg is dedicated to treating family law cases with the sensitivity and dignity they require. This entails getting down to the intricacies of family and getting to know your family so that legal interests represent familial interests.
Eric Gansberg attempts to resolve your legal matters cooperatively. However, if all reasonable attempts fail, they are not afraid to aggressively preserve your rights and pursue the resolution you are seeking in court.
Some of the family law issues their law firm handles include:
Divorce, Annulment and Legal Separation
Custody and Visitation-Parenting Time
Child Support
Spousal Support and Maintenance
Equitable Distribution of Marital Property
Prenuptial and Postnuptial Agreements
Family Offenses and Domestic Abuse
Post-Divorce Modifications
Child Abuse and Neglect
Persons in Need of Supervision (PiNS)
Juvenile Delinquency
Some matters related to family law, such as the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) or the Uniform Interstate Family Support Enforcement Act (UIFSEA), can be extremely complex to understand. They will explain how the law applies to your situation, provide you with all of your legal options, and work with you to determine how best to address your situation. Because of this complexity, you need a experienced attorney to help you understand the law and to realize what needs to be done.
Eric M. Gansberg specializes in family law, and will make sure to give you the best legal representation available in New York! He has a solid background and experience to make sure your needs are met first and foremost! Choose Eric M. Gansberg for your family law needs in New York!
Family law matters may be very emotionally charged and stressful, affecting the entire family. Eric Gansberg is dedicated to treating family law cases with the sensitivity and dignity they require. This entails getting down to the intricacies of family and getting to know your family so that legal interests represent familial interests.
Eric Gansberg attempts to resolve your legal matters cooperatively. However, if all reasonable attempts fail, they are not afraid to aggressively preserve your rights and pursue the resolution you are seeking in court.
Some of the family law issues their law firm handles include:
Divorce, Annulment and Legal Separation
Custody and Visitation-Parenting Time
Child Support
Spousal Support and Maintenance
Equitable Distribution of Marital Property
Prenuptial and Postnuptial Agreements
Family Offenses and Domestic Abuse
Post-Divorce Modifications
Child Abuse and Neglect
Persons in Need of Supervision (PiNS)
Juvenile Delinquency
Some matters related to family law, such as the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) or the Uniform Interstate Family Support Enforcement Act (UIFSEA), can be extremely complex to understand. They will explain how the law applies to your situation, provide you with all of your legal options, and work with you to determine how best to address your situation. Because of this complexity, you need a experienced attorney to help you understand the law and to realize what needs to be done.
Eric M. Gansberg specializes in family law, and will make sure to give you the best legal representation available in New York! He has a solid background and experience to make sure your needs are met first and foremost! Choose Eric M. Gansberg for your family law needs in New York!
Equitable Distribution of Maritable Property
One of the most difficult challenges in New York family law is the equitable distribution of marital property. The most prevalent property distribution issues are:Classification: Is the property marital or separate?
Valuation: How much is the property worth?
Perfecting Interest: How do I protect my interest in the asset?
Allocating Debt: How do we handle distribution of debt?
Asset Classification
Before property can be divided between spouses, the property must be classified as marital property. Classification issues revolve around such terms as commingling or transmutation. Does this sound complicated? It can be.
Some of the more frequent classification issues include the following:
Property brought into the marriage
Inheritances
Pension and other deferred compensation
Degrees and Licenses
Businesses
Gifts
Stocks and Stock Options
Real estate
Bank accounts
Classification issues can be complicated. Eric Gansberg can assist you in preparing to present this issue in the best light to protect your interests.
Asset Valuation
Once the property is classified as a marital asset, it needs to be valued, so the distribution of the property can be equitable. Valuation issues include determining the point in time to value the asset, and the monetary value of the asset. These issues can arise with any asset, but some of the more common valuation issues include the following:
Trusts
Pension and retirement plans
Businesses (including doctors, lawyers, accountants, and other businesses)
Stocks and Stock Options
Collectibles
Real estate
Bank accounts
Eric Gansberg can assist you in obtaining the proper experts to value the asset, as well as assist in any negotiations and documentation for an amicable division of marital property or prepare your case for an adjudication of the property value. You need an experienced attorney to make sure that your interests are met first and foremost.
Perfecting Your Interest
Once the marital property is divided, you need to perfect your interest in the property to protect the property and yourself. Eric Gansberg can assist you with the preparing and filing the proper documentation and let you breather a little easier.
Eric M. Gansberg is here to protect your interests during this difficult time. He has a solid background and experience to put your interests first and foremost. Choose a Straten Island attorney you can turst, choose Eric M. Gansberg!
Post Divorce Modifications
In order to obtain a decree or settlement modification in New York, you must be able to demonstrate that a significant change in circumstances warrants a modification.
Typically, modifications to agreements are more difficult than modifications to court orders. In many cases involving agreements, you must demonstrate the substantial change that occurred was unforeseeable and not contemplated by the agreement.
Many obligations imposed by the divorce decree are modifiable upon a significant change of circumstances affecting your ability to meet the obligations imposed, your needs, or those of children. However, the vast majority of divorce modifications involve one or more of the following:
Child support modification:
Child support modifications include a request to increase child support or to decrease or discontinue child support. In making a determination regarding child support modifications, a court may consider changes in income, loss of a job, child emancipation, change of custody, and other factors.
Child custody modification or child visitation modification
Factors that a court may consider in determining a child custody modification or child visitation modification include relocation (especially relocation out of state), changes to work schedules, changes to the child's schedule, a child's exposure to an unhealthy environment, and other factors affecting custody or visitation.
Spousal support or spousal maintenance modifications
Spousal support or spousal maintenance modifications include requests to increase spousal payments, or to decrease or discontinue spousal payments. Factors that may be considered by a court regarding spousal support modifications or spousal maintenance modifications include loss of employment, receiving spouse becoming self-sufficient or receiving money from other sources (e.g., lottery, inheritance, etc.), remarriage, an accident, and other factors affecting the recipient's ability to become self-sufficient.
Eric M. Gansberg is an experienced Straten Island Attorney who works hard to ensure that your needs are met first and foremost! He has a solid background and experience to give you what you deserve! Contact Eric M. Gansberg, your Straten Island Attorney at Law!
Typically, modifications to agreements are more difficult than modifications to court orders. In many cases involving agreements, you must demonstrate the substantial change that occurred was unforeseeable and not contemplated by the agreement.
Many obligations imposed by the divorce decree are modifiable upon a significant change of circumstances affecting your ability to meet the obligations imposed, your needs, or those of children. However, the vast majority of divorce modifications involve one or more of the following:
Child support modification:
Child support modifications include a request to increase child support or to decrease or discontinue child support. In making a determination regarding child support modifications, a court may consider changes in income, loss of a job, child emancipation, change of custody, and other factors.
Child custody modification or child visitation modification
Factors that a court may consider in determining a child custody modification or child visitation modification include relocation (especially relocation out of state), changes to work schedules, changes to the child's schedule, a child's exposure to an unhealthy environment, and other factors affecting custody or visitation.
Spousal support or spousal maintenance modifications
Spousal support or spousal maintenance modifications include requests to increase spousal payments, or to decrease or discontinue spousal payments. Factors that may be considered by a court regarding spousal support modifications or spousal maintenance modifications include loss of employment, receiving spouse becoming self-sufficient or receiving money from other sources (e.g., lottery, inheritance, etc.), remarriage, an accident, and other factors affecting the recipient's ability to become self-sufficient.
Eric M. Gansberg is an experienced Straten Island Attorney who works hard to ensure that your needs are met first and foremost! He has a solid background and experience to give you what you deserve! Contact Eric M. Gansberg, your Straten Island Attorney at Law!
Living Wills and Healthcare Proxy
Many of us witnessed the Terri Schiavo tragedy, about a young woman who was mentally incapacitated but did not have a living will or healthcare proxy. Her husband said that they had discussed end-of-life issues. During the discussion, she confided in him that she would not want to live under those circumstances and would not want to be placed on life support. Her parents claimed she was a devout Catholic and would never consent to anything that would end up killing her.
This legal battle could have been avoided if she had a living will or healthcare proxy, sparing her husband and parents years of agony, and ending with resentment. This vital piece of legal information can be the difference of life and death.
What Is the Difference between a Living Will and a Healthcare Proxy?
In New York, there is a difference between a living will and healthcare proxy. A living will is a document that instructs what medical resources may or may not be used to resuscitate you or sustain your life in the event you become incapacitated.
A healthcare proxy is a document that gives authority to a person whom you designate to make medical decisions on your behalf if you are unable to do so.
Living wills and healthcare proxies are an excellent way to anticipate and plan for a catastrophic event. It will ensure that your wishes are known and carried out if you find yourself in a situation where you are unable to make a medical decision.
As an experienced estate-planning attorney, Eric Gansberg can assist you in drafting a living will and a healthcare proxy to address any future medical situations where you are unable to instruct doctors, nurses, or other healthcare professionals. This simple process can save years of agony and suffering.
Eric M. Gansberg is here to help ensure that your needs are met and will legally represent you in the case of a living will or healthcare proxy crisis! He has a solid background and the experience to make sure that your needs are met first and foremost. Choose Eric M. Gansberg for your attorney needs in Straten Island!
This legal battle could have been avoided if she had a living will or healthcare proxy, sparing her husband and parents years of agony, and ending with resentment. This vital piece of legal information can be the difference of life and death.
What Is the Difference between a Living Will and a Healthcare Proxy?
In New York, there is a difference between a living will and healthcare proxy. A living will is a document that instructs what medical resources may or may not be used to resuscitate you or sustain your life in the event you become incapacitated.
A healthcare proxy is a document that gives authority to a person whom you designate to make medical decisions on your behalf if you are unable to do so.
Living wills and healthcare proxies are an excellent way to anticipate and plan for a catastrophic event. It will ensure that your wishes are known and carried out if you find yourself in a situation where you are unable to make a medical decision.
As an experienced estate-planning attorney, Eric Gansberg can assist you in drafting a living will and a healthcare proxy to address any future medical situations where you are unable to instruct doctors, nurses, or other healthcare professionals. This simple process can save years of agony and suffering.
Eric M. Gansberg is here to help ensure that your needs are met and will legally represent you in the case of a living will or healthcare proxy crisis! He has a solid background and the experience to make sure that your needs are met first and foremost. Choose Eric M. Gansberg for your attorney needs in Straten Island!
Wednesday, November 11, 2009
Mortgage Refinancing and Financing Advice
As an experienced Staten Island mortgage financing and mortgage refinancing attorney, Eric Gansberg assists homebuyers throughout the Staten Island and New York City area with their financing and refinancing decisions and legal documentation. They know financing for loans can be difficult so Eric Gansberg is there to protect your interests.One of the services they provide to you is help with a loan assessment. We will work with you to determine your needs and explore your options. We will also help you evaluate all the various types of loans available, including adjustable rate mortgages (ARM) versus fixed rate mortgages, and taking a second mortgage or home equity loan versus refinancing the whole mortgage.
They will work hard to understand your situation and assist you in determining the most viable and cost-effective manner of achieving your goals. We will review your loan document with you and make sure you understand the terms of the loan and the length of the loan.
Eric M. Gansberg is your #1 source for mortgage refinancing and financing advice in Straten Island, including: Manor Heights, Port Richmond, and Randall Manor. He has a solid background and experience to ensure that your needs are met first. Choose Eric M. Gansberg as your straten island attorney for mortgage refinancing.
Spousal and Support Maintenance
In New York, there is a difference between spousal support and spousal maintenance. Spousal support is paid to a spouse who is without sufficient income when divorce or dissolution is not imminent. Spousal maintenance (formerly referred to as alimony) is paid when a divorce is imminent, with the purpose of providing the opportunity to a spouse to rehabilitate him or herself and become self-supporting.
Usually, spousal support and maintenance have a designated length of enforcement. The amount and length of the payments can be determined by the court or by agreement in a divorce settlement or separation agreement.
You need an experienced attorney to represent you in court to protect your interests. Eric Gansberg is the attorney in New York and Straten Island who will zelously fight to protect your assets.
Whether you are a stay-at-home parent or the primary wage earner in the family, you should understand the laws regarding spousal support and maintenance. Some of the factors courts consider in determining spousal support and spousal maintenance in New York include the following:
-Age
-Health
-Education
-Financial resources
-Time needed to become self-supporting
If you need to modify spousal maintenance or spousal support it depends on whether the terms were pursuant to a court order or pursuant to an agreement. Different requirements must be proven for a modification of spousal support and maintenance, depending on whether it was established by trial or by agreement.
Eric M. Gansberg is your #1 source for a family law attorney in Straten Island, including: Greentown, Ocean Breeze, and Old Town. He has a solid background and experience to make sure your interests are put first. Choose Eric M. Gansberg, New York Attorney at Law.
Usually, spousal support and maintenance have a designated length of enforcement. The amount and length of the payments can be determined by the court or by agreement in a divorce settlement or separation agreement.
You need an experienced attorney to represent you in court to protect your interests. Eric Gansberg is the attorney in New York and Straten Island who will zelously fight to protect your assets.
Whether you are a stay-at-home parent or the primary wage earner in the family, you should understand the laws regarding spousal support and maintenance. Some of the factors courts consider in determining spousal support and spousal maintenance in New York include the following:
-Age
-Health
-Education
-Financial resources
-Time needed to become self-supporting
If you need to modify spousal maintenance or spousal support it depends on whether the terms were pursuant to a court order or pursuant to an agreement. Different requirements must be proven for a modification of spousal support and maintenance, depending on whether it was established by trial or by agreement.
Eric M. Gansberg is your #1 source for a family law attorney in Straten Island, including: Greentown, Ocean Breeze, and Old Town. He has a solid background and experience to make sure your interests are put first. Choose Eric M. Gansberg, New York Attorney at Law.
Estate Planning Law
Estate planning is a comprehensive plan to pass your property on while minimizing tax consequences and reducing liability exposure in case of a catastrophic event. In short, this means your assets will be protected in the event that something happens to you.
Contrary to popular belief, estate planning is not just for the wealthy. Anybody who has a large amount of profitable assets should consider estate planning. Estate planning also can direct someone to make financial medical decisions on your behalf should be unable to do so.
Estate planning uses many tools and devises to accomplish your goals, including the following:
Legal Wills - including simple wills and pour over wills
Trusts - including revocable trusts, irrevocable trusts, living trusts, and charitable trusts
Living Wills and Healthcare Proxies - these devices deal with medical attention and decision making should you be incapacitated
Elder Law - including Medicare and Medicaid planning, and nursing home planning
Guardianships - for your children's care
Powers of Attorney - to give someone total or limited authority to make decisions on your behalf
Life Estates - to allow you or someone to be in possession of property or assets during yours (or their) lifetime, before being passed on to your designated heir
Eric Gansberg has been assisting clients throughout the Staten Island-New York City area with their estate plans for over twenty years. They understand your needs and can assist you in achieving your goals and analyzing the available tools to determine the best combination to allow you to achieve those goals.
Eric M. Gansberg is your #1 source for wills and living trusts in the Straten Island area including: Heartland Village, Livingston, and New Dorp. He has a solid record and experience to make sure your interests are met first! Choose Eric Gansberg for your attorney needs!
Contrary to popular belief, estate planning is not just for the wealthy. Anybody who has a large amount of profitable assets should consider estate planning. Estate planning also can direct someone to make financial medical decisions on your behalf should be unable to do so.
Estate planning uses many tools and devises to accomplish your goals, including the following:
Legal Wills - including simple wills and pour over wills
Trusts - including revocable trusts, irrevocable trusts, living trusts, and charitable trusts
Living Wills and Healthcare Proxies - these devices deal with medical attention and decision making should you be incapacitated
Elder Law - including Medicare and Medicaid planning, and nursing home planning
Guardianships - for your children's care
Powers of Attorney - to give someone total or limited authority to make decisions on your behalf
Life Estates - to allow you or someone to be in possession of property or assets during yours (or their) lifetime, before being passed on to your designated heir
Eric Gansberg has been assisting clients throughout the Staten Island-New York City area with their estate plans for over twenty years. They understand your needs and can assist you in achieving your goals and analyzing the available tools to determine the best combination to allow you to achieve those goals.
Eric M. Gansberg is your #1 source for wills and living trusts in the Straten Island area including: Heartland Village, Livingston, and New Dorp. He has a solid record and experience to make sure your interests are met first! Choose Eric Gansberg for your attorney needs!
Prenupital and Postnupital Agreements
New York recognizes prenuptial and postnuptial agreements. The difference between them is: A prenuptial agreement is executed before marriage and a postnuptial agreement is executed after marriage.Nuptial agreements are mistakenly considered to be only for the rich. Anyone with substantial assets, people who are remarried, and others should consider entering into a prenuptial or postnuptial agreement.Nupital agreements ensure that if either part wishes to resign from a unification they will each wal away with the assets they entered in with.
The purpose of a nupital agreement is simple: Asset Protection
Most people realize how many marriages end in divorce. While no one ever believes he or she will be part of the one out of three that will end in divorce, some believe it is prudent to engage in some premarital financial planning to avoid future disputes in the event something happens. Some even see it as a way to enter into marriage mroe quickly, while protecting themselves in the event that it doesn't work out.
There is nothing wrong with planning for contingency, including a problematic marriage, no matter how slight the possibility. The best part about Prenuptial agreements can be for a finite length of time, so if you believe your marriage will be at its peak after two years, then the prenup can simply dissolve after two years.
Anyone can get a prenuptial agreement. The majority of people requesting a prenuptial agreement typically fit into one or more of the following three categories:
Remarriage - When you have seen firsthand that not all marriages work out.
Vastly different economic circumstances - When you want to protect your assets until you are sure that the marriage will work.
-Future dispute avoidance - When you want to be prudent and avoid costly litigation over property distribution if the marriage does not work out.
-Peace of mind - Marriage is big step. A prenuptial agreement can take some of the anxiety away by letting you know what will happen if it turns out that you and your future spouse are incompatible partners
Prenuptial and postnuptial agreements must be drafted properly to be enforceable. In addition, they can be an obvious factor in a divorce.
Eric Gansberg has over twenty years experience handling family law matters, including drafting and litigating prenuptial and postnuptial agreements in Straten Island including: Clifton, Concord, and Grant City. In addition, they are a valuable resource for clients. Because of our experience and knowledge, we can assist clients in anticipating potential future disputes and helping them avoid those disagreements if the marriage fails.
Purchase and Sales Agreements
Buying a house is probably the biggest single investment you will ever make. With this in mind, you need an experienced attorney to be by your side throughout the entire process to make sure it goes smoothly. Eric Gansberg has helped buyers and sellers with residential real estate purchase agreements throughout the Staten Island-New York City area.
Eric Gansberg can assist you with your residential real estate purchase or sale involving all types of property, including the following:
-House - including a second home or primary residence
-Condominium (Condo)
-Cooperative (Co-op)
-Residential Real Estate Purchase Agreement Services
-They provide a variety of services to homebuyers and sellers
Why do you need a lwyer to buy a home?
Real estate transactions can be more complicated than you think. You need a real estate attorney for the following reasons:
-To ensure you receive the benefits of your bargain, i.e., you get everything you thought you purchased including fixtures and appliances, and ensure proper payment to sellers.
-Experienced advice on issues you may want to consider before making your purchase such as property defects, leaks, susceptibility for flooding, pest problems, and the age and condition of major items such as roof, furnace, air-conditioning, tuck-pointing, etc.
-Ensure you totally understand the document you are signing.
-To help you anticipate and address future problems.
-Handle the real estate closing.
-Take care of all title work and ensure your title is free and clear of any encumbrances.
They have over twenty years of experience assisting buyers and sellers throughout Staten Island, New York City, and the surrounding areas. Eric Gansberg has lived in the are all of his life and knows everything about real estate law in Straten Island and New York. He has helped countless other clients fulfill their dream of purchasing a home and made sure everything went according to their wishes.
Eric Gansberg is your #1 source for attorney services in New York and Straten Island. He has a solid background and experience in real estate law and purchase and sales agreements. Choose Eric M. Gansberg for your next attorney needs!
Eric Gansberg can assist you with your residential real estate purchase or sale involving all types of property, including the following:
-House - including a second home or primary residence
-Condominium (Condo)
-Cooperative (Co-op)
-Residential Real Estate Purchase Agreement Services
-They provide a variety of services to homebuyers and sellers
Why do you need a lwyer to buy a home?
Real estate transactions can be more complicated than you think. You need a real estate attorney for the following reasons:
-To ensure you receive the benefits of your bargain, i.e., you get everything you thought you purchased including fixtures and appliances, and ensure proper payment to sellers.
-Experienced advice on issues you may want to consider before making your purchase such as property defects, leaks, susceptibility for flooding, pest problems, and the age and condition of major items such as roof, furnace, air-conditioning, tuck-pointing, etc.
-Ensure you totally understand the document you are signing.
-To help you anticipate and address future problems.
-Handle the real estate closing.
-Take care of all title work and ensure your title is free and clear of any encumbrances.
They have over twenty years of experience assisting buyers and sellers throughout Staten Island, New York City, and the surrounding areas. Eric Gansberg has lived in the are all of his life and knows everything about real estate law in Straten Island and New York. He has helped countless other clients fulfill their dream of purchasing a home and made sure everything went according to their wishes.
Eric Gansberg is your #1 source for attorney services in New York and Straten Island. He has a solid background and experience in real estate law and purchase and sales agreements. Choose Eric M. Gansberg for your next attorney needs!
Divorce Annulment and Legal Separation
The laws in New York regarding divorce, annulment, and legal separation are complex. Eric M. Gansberg specializes in family law, which divorce is part of, and knows the ins and outs and how to best settle any disputes that may arise. For such sensitive issues you need an experienced lawyer with a solid background in family law, including divorce.
In New York, you must have grounds to obtain a divorce or an annulment.
Grounds for Divorce:
-Living separate and apart, pursuant to a legal separation agreement or court ordered separation
-Adultery
-Cruel and inhuman treatment
-Abandonment in excess of one year
-Constructive abandonment (sexual abandonment) in excess of one year
-Imprisonment
-Grounds for Annulment
-Prior spouse is living (bigamy)
-Fraud, duress, or coercion
-Lack of physical capacity
-Lack of mental capacity
Eric Gansberg can assist you with your divorce, annulment, or legal separation. In addition to establishing grounds for divorce, many other issues must be addressed, including issues regarding children, marital property, spousal support, and estate planning issues.
Eric M. Gansberg is your #1 source for legal separation law on Straten Island and Woodrow. He has a solid record in showing that his client's interests come first and will fight aggrssively on your behalf. Visit Eric M. Gansberg today and get the best legal separation attorney in Straten Island to represent you!
In New York, you must have grounds to obtain a divorce or an annulment.
Grounds for Divorce:
-Living separate and apart, pursuant to a legal separation agreement or court ordered separation
-Adultery
-Cruel and inhuman treatment
-Abandonment in excess of one year
-Constructive abandonment (sexual abandonment) in excess of one year
-Imprisonment
-Grounds for Annulment
-Prior spouse is living (bigamy)
-Fraud, duress, or coercion
-Lack of physical capacity
-Lack of mental capacity
Eric Gansberg can assist you with your divorce, annulment, or legal separation. In addition to establishing grounds for divorce, many other issues must be addressed, including issues regarding children, marital property, spousal support, and estate planning issues.
Eric M. Gansberg is your #1 source for legal separation law on Straten Island and Woodrow. He has a solid record in showing that his client's interests come first and will fight aggrssively on your behalf. Visit Eric M. Gansberg today and get the best legal separation attorney in Straten Island to represent you!
Custody Visitation & Parenting Time
Physical custody determines where the child will reside and the determination is based on the best interest of the child. The child's best interest is determined by examining the emotional, physical, and financial needs of the child. Legal custody enables the parent to make decisions on behalf of the child, in the best interests of the child. These issues are very delicate and must be handled by an attorney with a solid background in family law.
Experienced Staten Island Child Custody Attorney:
They have been representing mothers, fathers, grandparents, and stepparents in child custody and visitation hearings for over twenty years. Eric Gansberg specializes in family law, and has even written a book about if for paralegals. He understands how sensitive of an issue child custody is, so he does his best to attempt to resolve any conflicts peacefully. But, he will fight zealously to protect your interests!
Legal Issues:
Some of the more common legal issues involving child custody and visitation are:
-Parental relocation, particularly in circumstances involving out-of-state relocation
-Non-parent custody issues, typically involving a grandparent or stepparent
-Non-parent visitation issues, often involving grandparents and siblings
-Parental visitation issues, including birthdays, holidays, weekends, special events, extracurricular activities
-Child custody or child visitation modifications, in cases involving a substantial change of circumstances
-Some factors that are taken into consideration when determining custody are the ability of the parents to provide for the needs of the child and what is in the best interest of the child.
Eric M. Gansberg is your #1 choice for child custody advice in Straten Island. He has years of experience and a solid record to put your interests first when concerned with Family Law and Child Custody in Arden Heights!
Experienced Staten Island Child Custody Attorney:
They have been representing mothers, fathers, grandparents, and stepparents in child custody and visitation hearings for over twenty years. Eric Gansberg specializes in family law, and has even written a book about if for paralegals. He understands how sensitive of an issue child custody is, so he does his best to attempt to resolve any conflicts peacefully. But, he will fight zealously to protect your interests!
Legal Issues:
Some of the more common legal issues involving child custody and visitation are:
-Parental relocation, particularly in circumstances involving out-of-state relocation
-Non-parent custody issues, typically involving a grandparent or stepparent
-Non-parent visitation issues, often involving grandparents and siblings
-Parental visitation issues, including birthdays, holidays, weekends, special events, extracurricular activities
-Child custody or child visitation modifications, in cases involving a substantial change of circumstances
-Some factors that are taken into consideration when determining custody are the ability of the parents to provide for the needs of the child and what is in the best interest of the child.
Eric M. Gansberg is your #1 choice for child custody advice in Straten Island. He has years of experience and a solid record to put your interests first when concerned with Family Law and Child Custody in Arden Heights!
Tuesday, November 3, 2009
Domestic Abuse Law with Eric M. Gansberg, Attorney at Law
In New York, domestic violence or domestic abuse includes physical abuse, mental abuse, and emotional abuse. These are serious crimes and need to be solved professionally.Who can be involved in domestic abuse?
Domestic abuse is a family law issue, and sometimes a criminal law issue, involving anyone who is a family or household member. Domestic abuse is a serious situation and needs to be handled by somebody who is both knowledgeable and compassionate.
What can be done?
If you are a victim of domestic abuse, you can petition for a restraining order called an Order of Protection. An Order of Protection limits or prohibits contact. An Order of Protection can be temporary or permanent (typically up to two years, but can extend up to five years under certain circumstances).
What can be done to protect abused children?
Family offenses directed toward children can be addressed by the Family Courts (in addition to criminal courts) through court-ordered supervised visitation or through issuing an Order of Protection. Often, child abuse is considered a serious crime and consequences may include incarceration. You need an experienced lawyer with a solid background but is also compassionate to this very sensitive issue.
Eric Gansberg represents clients throughout the New York City metropolitan area who require legal assistance to address changes in their family dynamics. Since 1984, Mr. Gansberg has focused his practice in areas that help individuals and families deal with change.
If you are a victim of domestic abuse, you can petition for a restraining order called an Order of Protection. An Order of Protection limits or prohibits contact. An Order of Protection can be temporary or permanent (typically up to two years, but can extend up to five years under certain circumstances).
What can be done to protect abused children?
Family offenses directed toward children can be addressed by the Family Courts (in addition to criminal courts) through court-ordered supervised visitation or through issuing an Order of Protection. Often, child abuse is considered a serious crime and consequences may include incarceration. You need an experienced lawyer with a solid background but is also compassionate to this very sensitive issue.
Eric Gansberg represents clients throughout the New York City metropolitan area who require legal assistance to address changes in their family dynamics. Since 1984, Mr. Gansberg has focused his practice in areas that help individuals and families deal with change.
Real Estate Law with Eric. M Gansberg, Attorney at Law
They handle all aspects of a residential real estate transaction. No matter the issue, if it has real estate in it's name Eirc M. Gansberg knows how to play the game.Some real estate aspects that Eric M. Gansberg has considerable experience in is the following:
- Real estate closing - including title work
- Real Estate Financing and Refinancing - including assistance with reviewing and understanding loan documents, exploring and explaining options that may be available, and reviewing and explaining home equity loan documentation
- Real Estate Disputes including litigation or dispute resolution
Handling real estate matters on your own can often be complex and intimidating. In order to have your needs met most effectively, contacting Eric M. Gansberg for representation will ensure total quality care overall, as opposed to doing it alone.
Trust your case to their staff at the office of Eric M. Gansberg, Attorney at Law. They have been confidently handling a variety of real estate matters since 1984 and can utilize their experience in seeking a resolution to your case. They possess the most current information and state-of-the-art technology that aid them in pursuing your case. Their firm takes the time to tailor the representation we provide to suit your individual needs.
Eric Gansberg represents clients throughout the New York City metropolitan area who require legal assistance to address changes in their family dynamics. Since 1984, Mr. Gansberg has focused his practice in areas that help individuals and families deal with change. If you need help with real estate law now, don't hesitate! Contact Eric Gansberg today!
Elder Law with Eric M. Gansberg Attorney at Law
Elder law involves providing for elderly or incapacitated persons to insure financial stability and proper medical care and attention while addressing any special needs. As we get older, we need to make sure that we are protected.
As an experienced elder law attorney, Eric Gansberg has had experience with all different types of individuals at different stages of their lives, from children searching for an answer for their parents, or simply individuals preparing themselves for their own well-being.
In some cases, parents want to know how to plan for Medicaid or Medicare, assisted living, or nursing home care. Most individuals want to have enough capital to pay their own costs so that they cna pass on the majority of their assests to their children and not the bill collectors.
As an experienced elder law attorney, Eric Gansberg has had experience with all different types of individuals at different stages of their lives, from children searching for an answer for their parents, or simply individuals preparing themselves for their own well-being.
In some cases, parents want to know how to plan for Medicaid or Medicare, assisted living, or nursing home care. Most individuals want to have enough capital to pay their own costs so that they cna pass on the majority of their assests to their children and not the bill collectors.
How Can They Help You?
If you fit into one of the above situations, they may be able to help. They are sensitive to the personal nature of decisions surrounding elder care. They work wit you on a personal level because they understand the delicate issue and want the best possible outcome for all of their clients.
If you fit into one of the above situations, they may be able to help. They are sensitive to the personal nature of decisions surrounding elder care. They work wit you on a personal level because they understand the delicate issue and want the best possible outcome for all of their clients.
For further information about New York elder law, Medicaid-Medicare planning, or nursing home planning, or for assistance with your or your parents eldercare planning, please schedule a free confidential consultation with an experienced elder law attorney by calling 888-424-9952 or filling out the intake form on the Contact Us page.
Eric Gansberg represents clients throughout the New York City metropolitan area who require legal assistance to address changes in their family dynamics. Since 1984, Mr. Gansberg has focused his practice in areas that help individuals and families deal with change. Why let these issues remain stagnant, contact Eric Gansberg for legal representation now!
Child Support Law with Eric M. Gansberg
In New York, child support is based on a formula for the first $80,000.00 of combined parental income. The payment and receipt of spousal support are factors. Child support includes childcare costs, medical and healthcare costs, and educational costs (which may include paying for college). Child support is paid by the parent who does not have sole custody and is usually a constant payment until the child turns 21 or a mutual agreement between both aprties.In addition, child support may terminate prior to a child a turning twenty-one for a number of reasons, including the following:
-Marriage (of the child)
-Military service
-Employed and self-supporting
-Residing on his or her own
-Change of custody
It is important to have knowledgeable legal representation for issues regarding child support. Child care payments have many variables affecting it and you need an informed attorney with experience to make sure your needs are met first.
Knowledgeable New York Child Support Lawyer
Eric M. Gansberg has been assisting parents with child support issues for over twenty years. Eric Gansberg has taught classes and written a book for legal professionals that discuss child support issues. In addition, he is a former Family Court Support Magistrate Judge. His specialty revolves around bringing families together to help solve their differences in order to make life easier for everybody, although they will fight if need be to make sure your needs are met first.
They also handle issues related to child support, including the following:
-Child support enforcement matters
-Modifications to court ordered child support
-Negotiating and drafting child support agreements
Eric M. Gansberg Attorney at Law
In 1984, Eric M. Gansberg, Attorney at Law, began a legal practice that has been committed to representing their clients in their family law issues. Their goal is to resolve your matters amicably. Though a peaceful and friendly resolution is always the best solution, Eric M. Gansberg will work quickly and effectively to have your needs met first in the event of indifferences.
They are committed to their clients. They identify the relevant law and explain how it applies to each case. They explain to you all of your rights and the what and how they will make sure your needs are met first.
They offer services for the following:
-Child Support
-Custody Visitation & Parenting Time
-Divorce Annulment & Legal Separation
-Domestic Violence & Abuse
-Elder Law
-Equitable Distribution of Marital Property
-Family Law
-Living Wills and Healthcare Proxy
-Mortgage & Refinancing
-Post-Divorce Modifications
-Prenuptial & Postnuptial Agreements
-Purchase and Sales Agreements
-Real Estate Law
-Spousal Support & Maintenance
-Wills Trusts & Estate Planning
Client focus is the priority of their practice. The compassion they show to their clients and the fact they get to know them on a personal basis helps them succeed. Let them help you begin the process of taking back control of your life. They will be there for you throughout the entire case. Please feel free to contact them if you have any questions or wish to discuss your legal matter. They offers free confidential consultations and look forward to serving you.
Eric M. Gansberg is your number one source for family law. With over 20 years of experience beneath his belt he will surely help you reach the ideal resolution for you! Why wait any longer with your family law needs? Contact Eric M. Gansberg today!
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