Abandonment means that one spouse has left the other without consent, but like adultery, proving desertion means more than that a person left home without the consent of the other spouse. Most states require that the defendant or respondent left home for a year or more; that the parties failed to agree about the departure; ... Read more ...

You have enough to worry about when it comes to your divorce, so what you wear on a daily basis is the likely one of the last things on your mind. Trust us, we get it. But when it comes time to go to court, what you wear will make a big impact. Read on ... Read more ...

Having to fight for the custody of your child is a horrifying experience that no parent ever wants to face. If you find yourself in this daunting situation, however, it is critical that you know what you are up against. Here is our useful guide for preparing for a child custody evaluation. What Is A ... Read more ...

Filing for divorce is an extremely stressful time for everyone involved. But, do you really need legal counsel if you feel you can handle it all by yourself? Here are just a few reasons why you should never file for divorce without a lawyer. Time Regardless of how simple you may feel your divorce will ... Read more ...

Child support is a critical way to help single-parent families raise children and reduce the threat of poverty. Divorce can be particularly hard on children. As painful as a broken marriage can be, children shouldn’t be subjected to the problems associated with missed child support payments – lack of money for food, rent or other ... Read more ...

Financial fraud is a major problem that plagues many contested and high net worth divorce cases. New York requires each party to disclose their finances during their divorce case. Unfortunately, a number of resentful spouses will take steps to defraud their ex during divorce. What are the telltale signs of financial fraud in divorce, and ... Read more ...

Filing for divorce is never an easy decision. Often it may seem overwhelming. When difficult times such as these occur, it is vital that you find the best possible legal representation to ensure the best possible outcome. But, what are the most important topics to cover when discussing divorce with a potential lawyer? To help ... Read more ...

It’s no secret that the divorce process is rough. It is emotionally and mentally draining, and can do major damage to your self-esteem. Learning how to cope with divorce will determine how the process affects you, and help you prepare for a happier and healthier life once your case is finished. There are countless ways ... Read more ...

Asking for a prenuptial agreement can be awkward. Some people, however, convince themselves that they don’t need to worry about it because they don’t need a prenuptial agreement. Sometimes they are right, and other times, they are tragically wrong. Here’s everything you need to know about who needs a prenuptial agreement. Who Needs A Prenuptial ... Read more ...

Getting a divorce can be a complicated affair. Nothing makes things worse than false information floating around and misleading you. But don’t worry, we’re here to help! Here’s our guide to the most common myths about divorce. Myth #1: Whoever Is At Fault For The Divorce Will “Lose” In Court Some people think that whoever ... Read more ...

There are many divorce myths floating around the internet. Does the mother automatically get custody of the kids? Will the husband be forced to pay alimony? The biggest, and definitely one of the most harmful, involves moving out of the marital home during divorce. Read on to learn why moving out is one of the ... Read more ...

Divorce is hard on everyone involved. It is a long, grueling process but unfortunately, in some situations, it is the only way to get your life back on track. However, if you have an attorney that isn’t getting you the results you deserve in the quickest time frame the law allows, then that process becomes amply ... Read more ...

Many people want to file for a divorce in New York, but not everyone can. In order for New York to hold jurisdiction over your case, you must meet one of the state’s strict residency requirements for divorce. Read on to find out if you qualify for a divorce in New York! Residency Requirements in ... Read more ...

The cost of divorce is high, and the cost of living in New York is even higher. If you are a cash-poor but asset-rich individual facing divorce, your priority is to be as smart and financial-savvy as possible. Whether you are a real estate owner tied up in many properties, an investor with lots of ... Read more ...

Co-parenting with an ex has its challenges, but what is most important is the health, safety, and happiness of the kids. Even if you and your ex didn’t leave things on the best terms, that is in no way your children’s fault and therefore, they shouldn’t have to endure the ramifications of such a situation. ... Read more ...

If you’re involved in a custody battle, and your lawyer is failing to advocate for your needs and rights as a parent, it may be time to seek other legal arrangements. At Brian D. Perskin & Associates, we have experience with custody battles of all kinds – and we fight aggressively for your parental rights. ... Read more ...

Social media; you either love it or you hate it. But regardless of your personal opinions on the matter, social media will have a major effect on your divorce case.  How you handle your individual accounts will help to determine if  social media will be your friend, or foe, during divorce. Social Profiles Spell Disaster ... Read more ...

While the rest of the state was revealed by New York’s Office of Court Administration to be declining in the number of divorces filed in the past year, the Staten Island rates have increased at least two percent. However, the reason for the rest of the state’s statistical decline is theorized to have far more ... Read more ...

If you are involved in a divorce in New York and are planning to move out of state after the divorce is finalized, there are some things you should know first. While moving out of state can be a good idea, it does bring with it some unique challenges. Keep reading to learn what to ... Read more ...

Domestic abuse, a very serious issue, can take on many different forms. It doesn’t just include physical violence or mental abuse. An often overlooked form of abuse during a marriage is financial abuse. What, exactly, is financial abuse, and what can you do if you’ve fallen victim to this kind of behavior? Read on to ... Read more ...

The divorce process can be confusing, especially if you’ve never had to deal with divorce before. When can you file, and where should you do it? What documents do you need, and how long until you are divorced? New York City divorce cases are complex matters, and unfortunately, no two actions will be the same. ... Read more ...

Contested divorces, with high net worth couples have a high probability of getting ugly. This is due to the amount that both parties could lose, in addition to their marriage. For couples who truly cared about one another at one time, neither party wants to see even an ex-spouse thrown out into the cold. Yet, ... Read more ...

Listen, we know that divorce sucks. Sure, some days will be easier than others, but divorce does have its difficulties. You will be stressed, hurt, and feel worn down. This is completely normal, and it won’t last forever. Believe it or not, there is a positive side to divorce, and it can actually be a ... Read more ...

If you are in Nassau County and you are going through a divorce, you probably have some questions about the process, and how divorces in Nassau County work. That is a smart move. You want to have a complete understanding of what to do to achieve the best possible outcome. That’s where Brian D. Perskin ... Read more ...

Traditionally alimony has been a benefit provided to women after a divorce. But the concept, like society at large, has evolved. There are a growing number of stay-at-home dads and women are the primary breadwinners in 40% of today’s households. This is a fundamental change in the financial makeup of the American family. Along with ... Read more ...

New Yorkers looking to part ways with their spouse have three options: divorce, annulment, or legal separation. When you’re dating and you want to take a break from your relationship, it’s easy. But when you’re married? Not so much. Can a legal separation help you avoid the hardships of divorce? Legal Separation vs. Divorce Many ... Read more ...

So, you’re going to file for a divorce. There are many decisions that must be made, and assuming you own a home, deciding what to do with it is one of the biggest. You have a few different options when it comes to addressing this issue. Is selling your home during divorce the best choice ... Read more ...

Divorce is hard, and so is being a parent. But being a parent going through a divorce that involves the care of a special needs child? That can seem insurmountable. The unfortunate reality for parents of special needs children is a higher divorce rate and more demanding childcare. Special needs children complicate the divorce process. Even ... Read more ...

Divorces are tough. And there’s no point in making things even tougher on yourself by trying to reinvent the legal wheel, so to speak. Here are some time-tested divorce strategies that will help keep things simple. Hire An Attorney Even if you think you’ve already ‘worked everything out,’ it is best to always to hire ... Read more ...

Divorce is scary. It’s an upheaval. The fear of the unknown can often prevent couples from taking those crucial first steps. Many parents will forego filing for a divorce, believing that staying married is the best option for their children. Contrary to popular belief, staying together for the kids isn’t always the right answer. Reasons ... Read more ...