Category Archives: Contested Divorce

Cryogenically Frozen Embryos, In Vitro Fertilization & Divorce

Cryogenically Frozen Embryos, In Vitro Fertilization & Divorce by Joshua Katz

{3:13 minutes to read} In relation to divorce—or, for that matter, even a prenuptial or postnuptial agreement—how can you resolve the custody issues of frozen embryos? 

In New York, one thing is clear: The New York courts do not recognize these zygotes, gametes, or pre-embryos as persons. They do not have constitutional rights; therefore, this is a property consideration. I’m not making a political statement about the right to life, etc. In fact, the only state that treats them as people and gives them any kind of rights is Louisiana. 

Continue reading

How Non-Traditional Marital Finances Affect Your Divorce

How Non-Traditional Marital Finances Affect Your Divorce by Joshua Katz{3:30 minutes to read} Every married couple handles their finances differently. 

In a traditional marriage, you, as a couple, have joint bank accounts, pool your incomes into one account, and pay household bills out of that account. You both know what’s in the bank and whether you are saving or losing money each month. When it comes time for tax season, you file joint tax returns. You know each other’s income, and things are fairly simple when it comes to divorce. 

Continue reading

The (Over)Use of Forensic Experts During Custody Determinations

The (Over)Use of Forensic Experts During Custody Determinations by Joshua Katz

{3:10 minutes to read} In a divorce proceeding, custody is determined by establishing what is in the best interest of the child. 

Often, it is challenging for a judge to apply this amorphous standard and determine which parent is better suited to make decisions on behalf of the child. 

Continue reading

New York’s Recent Changes to Family Laws: What You Need to Know

New York’s Recent Changes to Family Laws: What You Need to Know by Joshua Katz

{4:20 minutes to read} Recently, New York has made fast-paced changes that affect family law practitioners. Attorneys and divorce professionals must take these important modifications into account. 

The Child Support Cap and Its Ramifications 

Continue reading

Filing a Joint Tax Return While Divorcing? Be Careful!

Filing a Joint Tax Return While Divorcing? Be Careful! by Joshua Katz

{3:40 minutes to read} Married couples usually elect to file joint tax returns to maximize exemptions and deductions. When couples are divorcing but are still legally married, they remain entitled to the same advantages by continuing to file jointly, and may be tempted to do so. In fact, an unreasonable refusal to file jointly could be considered wasteful dissipation!

Continue reading

When the Holiday Party Is Over

When the Holiday Party Is Over by Joshua Katz

{2:55 minutes to read} Chestnuts roasting on an open fire, festive trees with glowing lights and stockings hung by the chimney…

In contrast to all of these wonderful traditions, the holidays can greatly increase the stress on a troubled marriage. When there are incompatibility issues and you are spending more time in close quarters with your spouse and extended family, tempers often flare.

Continue reading

True or False: Don’t Move out until AFTER the Divorce

True or False: Don’t Move Out Until AFTER the Divorce by Joshua Katz

{3:01 minutes to read} Call a truce or move to the couch in the den.

Do whatever you have to do to make it work, but do not move out of the house until you speak with a lawyer. Vacating the marital home and leaving the children with your spouse could adversely affect your parenting rights.

Continue reading

Major Changes in New York’s Domestic Relations Law Now Effective

Major Changes in New York’s Domestic Relations Law Now Effective by Joshua Katz

{2:16 minutes to read} On September 25, 2015, the governor signed into law a major change for Domestic Relations in New York State.

The new law codifies a maintenance formula for calculating how much spousal support should be paid in divorce actions, and for how long. It applies to any divorce action filed after October 25th of this year. New York has joined the national trend to codify a basic maintenance formula for judges. This simplifies the process – making maintenance calculations more predictable and consistent from court to court and judge to judge.

Continue reading