New York Divorce Blog | Brian D. Perskin & Associates P.C. Brian D. Perskin & Associates

What You Need to Know About Your Divorce Decree Before You Sign It

What You Need to Know About Your Divorce Decree Before You Sign It

Despite having one of the lowest divorce rates in the country, New York is still home to many people ending their marriage. Whatever the reason – from infidelity to financial hardship to general unhappiness – you want to head into divorce with full knowledge of the process and all of your rights. That is where ... Read more ...
Why Family Law Courts Have No Jury

Why Family Law Courts Have No Jury

You may notice that when couples decide to end their marriage in New York, there are judges, but no juries. It is often taken for granted that this is the case, but why? Why do family law courts have no juries? Why Do Family Law Courts Have No Jury? There are currently only two states ... Read more ...
Creating a New Life After Divorce

Creating a New Life After Divorce

When most people think of life after divorce and starting over, typically the first thing that pops into mind is dating. While dating is undoubtedly a factor of life following divorce, it is not the only thing that can help you get over the pain and trauma that the whole situation caused. It is essential ... Read more ...
What to Do Before a Divorce

What to Do Before a Divorce

Steps to Take Before a Divorce While divorce is a widespread practice nowadays, there are still precautions you should take before going through with it. Though you might think it’s unnecessary, planning a divorce can aid with lessening stress and the emotional backlash that comes along with it. Consult a Family Law Attorney Legal advice ... Read more ...
How to Request Temporary Exclusive Use of a Marital Home

How to Request Temporary Exclusive Use of a Marital Home

Married couples often wait until the very last minute before divorcing. While this provides the hope of reconciliation, often this just isn’t the case. Instead, waiting this long muddies the waters of strife. When a married couple divorces, they sometimes don’t have the means or resources to move out into another property. This, unfortunately, leads ... Read more ...
How Long Can a Marriage Last and Still be Annulled?

How Long Can a Marriage Last and Still be Annulled?

Marriages are usually an unforgettable experience between two people madly in love. Sometimes, however, marriages are short and tumultuous, or even mistakes. In these cases, many people seek to remove any memories of marriage through an annulment. An annulment is a process where a marriage is rendered legally void – as if it didn’t exist. ... Read more ...
How Does Arbitration Compare to Mediation in a Divorce?

How Does Arbitration Compare to Mediation in a Divorce?

When a couple decides to divorce, there are a variety of options open to them. While some may choose to seek a trial, others may choose to avoid the courts and instead consider arbitration or mediation. But what are these processes and how does arbitration compare to mediation in a divorce? What is Arbitration? Arbitration ... Read more ...
Emotional Abuse During Your Divorce: The Signs and How the Law Can Help

Emotional Abuse During Your Divorce: The Signs and How the Law Can Help

Divorce can be one of the most stressful experiences an individual will go through in their lifetime. If your partner thinks you are to blame, they may go out of their way to make it even more stressful for you. Other times, your spouse may resort to behaviors which cause you extreme emotional distress. Either ... Read more ...
DEALING WITH YOUR SPOUSE’S AFFAIR

DEALING WITH YOUR SPOUSE’S AFFAIR

Most people go into a marriage believing that they would never be the victim of an affair. While for some people, infidelity is not a deal breaker, for others, it can be the cause of an immediate divorce. For certain individuals, they don’t care about reasons or excuses. For them, cheating means divorce. However, if ... Read more ...
SOCIAL MEDIA AND DIVORCE: WHY FACEBOOK IS NOT YOUR FRIEND

SOCIAL MEDIA AND DIVORCE: WHY FACEBOOK IS NOT YOUR FRIEND

Social media and divorce are two aspects that should never be used in conjunction. While some people don’t realize this, posting the details and the issues within your divorce on social media is a really bad idea. Additionally, some people believe that what they post on Facebook will be kept private among their friends but ... Read more ...
Changing a Child’s Last Name Following a Divorce

Changing a Child’s Last Name Following a Divorce

While the practice is becoming less common as societal trends shift, one spouse typically takes the last name of the other spouse. Furthermore, when a couple has a child, the individual will typically assume the same last name as the couple. However, if a couple in this situation has a divorce, the question that may ... Read more ...
Four Behaviors That Predict Divorce

Four Behaviors That Predict Divorce

Since each couple’s relationship has a different dynamic, there can be several, if not hundreds, of reasons as to why divorce may occur. However, if your relationship has been on the rocks and you are concerned it is headed towards divorce then there are some telltale signs that may give you an indication on where ... Read more ...
Is Age Related to Divorce?

Is Age Related to Divorce?

Statistically speaking, yes, age can play a role in divorce. Though no one plans to eventually get divorced when they get married, there is still a possibility of it happening and certain trends can have an effect on whether or not it occurs. Statistics show that individuals in Generation X (individuals born in the mid-1960s ... Read more ...
What Effect Does Cheating Have on Divorce Judgments?

What Effect Does Cheating Have on Divorce Judgments?

Suspecting infidelity in a marriage is an extremely difficult burden on a spouse. But, it is even worse once the unfaithfulness has been proven and the money you had saved together paid for their affair. If you suspect cheating and are considering a divorce, here’s what you need to know about the effect cheating will ... Read more ...
Can a Divorce Cause PTSD?

Can a Divorce Cause PTSD?

Divorces can take a lot out of a person, both physically and mentally. But, can divorces really cause mental health issues once only thought to occur in warfare? Can a divorce cause PTSD? What is PTSD? PTSD, or post-traumatic stress disorder, is something commonly associated with those who have been to war. It has been ... Read more ...

Sole and Shared Custody

WHAT IS THE DIFFERENCE BETWEEN SOLE AND SHARED CUSTODY? One of the main challenges of getting a divorce is deciding who will get custody of the children, and when this will occur. A major deciding factor in this decision is whether or not both parents will have custody of the children, or if just one ... Read more ...
What Is The Difference Between Sole and Shared Custody?

What Is The Difference Between Sole and Shared Custody?

  One of the main challenges of getting a divorce is deciding who will get custody of the children, and when this will occur. A major deciding factor in this decision is whether or not both parents will have custody of the children, or if just one parent will handle the responsibility.     As ... Read more ...
Changing a Child’s Last Name Following a Divorce

Changing a Child’s Last Name Following a Divorce

While the practice is becoming less common as societal trends shift, one spouse typically takes the last name of the other spouse. Furthermore, when a couple has a child, the individual will typically assume the same last name as the couple. However, if a couple in this situation has a divorce, the question that may ... Read more ...
Emotionally Abused During Your Divorce

Emotionally Abused During Your Divorce

Divorce can be one of the most stressful experiences an individual will go through in their lifetime. If your partner thinks you are to blame, they may go out of their way to make it even more stressful for you. Other times, your spouse may resort to behaviors which cause you extreme emotional distress. Either ... Read more ...
In a Divorce, Can Social Security Benefits Be Garnished?

In a Divorce, Can Social Security Benefits Be Garnished?

If you are divorced, one of the most difficult things to deal with may be money issues. If you have been ordered to pay alimony or another form of spousal support, but fall short on payments, you may be subject to garnishment of your wages. But what about Social Security, disability, or other benefits? Can ... Read more ...
How Do Child Custody Laws Work When One Parent Moves Abroad

How Do Child Custody Laws Work When One Parent Moves Abroad

Today, we live in a global society. More and more people are venturing out and living far away from the places of their birth. While this desire to live and work in new, exciting places is great, this may not always be the case, especially when children are involved. How do child custody laws work ... Read more ...
Can You File for Divorce Without Valid Reasons?

Can You File for Divorce Without Valid Reasons?

When one spouse seeks to divorce their partner, this is what is referred to as an “at-fault” divorce. At-fault divorces differ from “no-fault” divorces in that the two parties do not agree the marriage should be dissolved. No-fault divorces are simply a statement that the marriage has fallen apart and neither spouse blames the other ... Read more ...
Politics and Divorce: Don’t Let Party Affiliation Divide Your Family

Politics and Divorce: Don’t Let Party Affiliation Divide Your Family

Politics is a dangerous game to play. It can divide siblings, parents and children, and even husbands and wives. Here’s what you need to know about politics and divorce. AGREE TO DISAGREE Agreeing to disagree is a simple sentiment that can be difficult to follow through with. If you are a staunch Democrat, for example, you ... Read more ...
Should I Hire a Forensic Accountant?

Should I Hire a Forensic Accountant?

Divorces are never easy. This is especially true if there are huge sums of money involved. But, what can you do if you suspect your ex is attempting to hide assets from the court in an attempt to keep them safe from division? Or, what if you want to understand what will be a fair ... Read more ...
Why Practicing Self-Care is Essential During a Divorce

Why Practicing Self-Care is Essential During a Divorce

Divorce can be devastating. After years of marriage, you may suddenly find yourself thrust into a new reality which may seem alien.  Because of the messy and stressful nature of divorce, it is essential that you practice self-care. What is “self-care?” simply put, self-care is taking care of yourself. Pretty straightforward, right? It can be ... Read more ...
How Domestic Abuse Can Affect Divorce Proceedings

How Domestic Abuse Can Affect Divorce Proceedings

Domestic abuse is one of the worst things that can happen in any relationship. From physical violence to emotional blackmail, abuse takes on many forms – all of them torturous. When abuse is present, divorce may seem like the best avenue of escape. But, how can domestic abuse affect divorce proceedings? Domestic Abuse Comes in ... Read more ...
What is Palimony?

What is Palimony?

When it comes to legal terms, there can be an awful lot of confusion. This is most certainly the case when it comes to things such as palimony. It sure sounds like alimony, but can it really be that simple? At the Law Offices of Brian D. Perskin & Associates, we want all of our ... Read more ...
Tips to Have an Amicable Divorce

Tips to Have an Amicable Divorce

Divorce is never fun. But that doesn’t mean it has to be nasty and bitter. Here are some helpful tips for making your divorce amicable. Keep an Eye Towards the Future When it comes to divorce, it is all too easy to fall into the trap of constantly digging up the past. It may seem ... Read more ...
Student Loans and Divorce: Why Debt is Destroying Millennial Marriages

Student Loans and Divorce: Why Debt is Destroying Millennial Marriages

Getting married and starting a life together is something many couples look forward to.  But if you are a millennial carrying burdensome student loan debt, marriage can quickly turn sour. Here’s everything thing you need to know about debt and divorce: why student loans are destroying millennial marriages. The Realities of Student Debt and Marriage ... Read more ...
Ways to be a Better Parent After Divorce

Ways to be a Better Parent After Divorce

Divorce has lasting effects on everyone associated with it. It isn’t just the spouses who suffer, it’s also incredibly hard on children. To them, their whole world is collapsing. Here are a few key ways to be a better parent after a divorce. Be a Better Co-Parent While you and your ex might have broken ... Read more ...