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

Supreme Court, Appellate Division, Third Department, New York. ...

Make Sure Your Lawyer Follows the Rules!!!!

In a recent case the appellate division dismissed a divorce action, because the lawyer failed to file the proper paper work in a timely fashion. ...

Do I have Enough for Cruelty to Get a Divorce?

The appellate division in the first department recently ruled in Gross v. Gross that in order to be granted a divorce based on the grounds of cruel treatment in New York, a divorce litigant must have sub ...

What Is The First thing I Should Do?

This post continues are series on practical steps to take when a divorce is imminent. ...

What About Additional Debt?

We continue our series on practical steps to take when you are about to face divorce. ...

Qualified Domestic Relations Orders…Are They All The Same?

Many lawyers settle cases and draft agreements that are vague. ...

The Rule on Pensions in New York

If your husband or wife has pension benefits in New York, you should be aware that under the New York Equitable Distribution Law, you are entitled to your marital share of his or her pension. ...

Half the House?

Even Judges get it wrong. ...

Generally, You Should Get Half the Pension

Trial Judges in New York constantly make mistakes. Basic principles of equitable distribution are not followed. ...

What is Equitable

The first issue is often the easiest. In the vast majority of case, marital property is equally divided in New York. ...

Can I Set Aside My Agreement?

Before you sign on the dotted line, make sure you agree with all the financial terms of your divorce agreement. ...

Am I Entitled to Interest?

Many times people come to me and show me their judgement of divorce. ...

Enhanced Earnings: Am I Entitled?

Most lawyers know that law degrees, and medical degrees can be valued as part of a divorce in New York State. ...

Failure to Provide?

It amazes me when litigants refuse to provide discovery during the pendancy of a divorce. ...

Enhanced Earning Degree

In a recent decision, the appellate division in the Fourth Department, reduced an award of equitable distribution from forty percent to twenty percent of the value of a degree earned during the marriage. ...

Am I Entitled to the Federal Tax Deduction for Child Support?

IRS regs clearly state that a non custodial parent is only entitled to take the child deduction if they have written permission to do so from the custodial parent. ...

Exclusive Occupancy of the Marital Residence

Unless a petitioner can prove that it is unsafe to continue living together in the marital residence until the divorce is final, a judge will not kick one of the parties out of the house. ...

Can Custody Be Changed?

In New York, if two people agree in a written agreement or a child custody order is entered, it is not easy to change custody unless one parent has a good reason. ...

Failing to Abide by Orders

People enter agreements all the time in divorce cases in New York. ...

Uncontested Divorces

People call me every day and ask me how much do I charge for an uncontested divorce in New York. ...

What Happen’s If My Husband Was Granted A Divorce in Another State?

In some cases, people to travel to other states to get a divorce. ...

Enhanced Earnings, How Much Do I Have to Give Up?

All property acquired during the course of a marriage is considered marital property. ...

Can I Move?

This is the first in a series of cases I will post for my readers to get a sense of what they need to prove if they want to relocate or fight a relocation. ...

How Do I Go About Discovery?

If you are involved in Divorce in New York and your future ex spouse is attempting to hide assets, the discovery process is the way for you and your lawyer to find out what he is actually hiding. ...

What Is Separate Property?

Many times individuals enter marriage with their own separate property. ...

Do I Owe Support if I Am Not The Biological Father?

Most people and in fact many lawyers are amazed that a man who holds himself out as a child's father, either by fraud or mistake can be held accountable for child support. ...

Be Careful Before You Sign…

All too often, women come into my office and tell me their wonderful future husband is requesting a pre nuptial agreement be signed before the marriage. ...

I want more than half….

I cannot tell you how many times a client or potential client comes to my office and says they are entitled to more than half of all of the assets. ...
father's rights

Father’s Rights: Do They Exist?

Many women feel that they can prevent the father of their children from seeing their child or children. ...

Is New York State Ready for No Fault Divorce?

A matrimonial commission established by the state's chief judge, Judith Kaye, has recommended that New York join with the rest of the nation and enact a no-fault divorce law. ...
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