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!
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