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What Particular Concerns Are There When Divorcing Near or After Retirement?

10/28/2017 by admin

Ending a marriage after being legally married for ten, twenty, or even fifty years has direct impacts on more than deciding how to divide up marital property and the marital home. If you are contemplating ending a marriage and are nearing retirement or are already retired, a late-life divorce and starting over will have financial […]

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What to Look for When Hiring a Lawyer for a Highly Contested Divorce

10/23/2017 by admin

Getting a divorce in New York requires not only knowing what to look for in a lawyer but also understanding how to navigate certain situations, such as when one spouse won’t agree or refuses to grant a divorce, as well as the differences between contested and uncontested divorce. This article will explain these situations, as […]

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What Is a Divorce Business Valuation Expert?

10/12/2017 by admin

A divorce business valuation expert is a professional used in divorce proceedings to help establish values for a business owned by the divorcing couple, as well as other marital property. Marital property can be considered any type of personal property, investments, businesses, real estate, retirement accounts, and other such items obtained during the course of […]

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Is Legal Separation the Best Option for You?

10/10/2017 by admin

Couples have two options when their marriage dissolves: divorce and legal separation. Either can be beneficial, depending on the circumstances for the problems in the marriage. If you and your spouse are having difficulties in your marriage, before you file for divorce you might want to consider a legal separation instead. Separation vs. Divorce Pros […]

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Social Media Don’ts During a Divorce

9/28/2017 by admin

Divorce is a tough time for both involved and emotions are high. Although it certainly can be smooth sailing when each party agrees with the other, this is the exception rather than the rule. The issue is that it’s very easy for the court to interpret evidence against you, especially when it comes to social […]

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Protecting Separate Property in a New York Divorce

9/18/2017 by admin

Divorces of affluent couples often delve into very complicated financial arrangements, including property ownership. High net worth individuals facing a divorce action should find a Suffolk County divorce attorney experienced in identifying separate property assets. The Law Office of Robert Montefusco, P.C. has experience in high net worth divorces on Long Island and the representation […]

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New York Child Support: What Is Covered and What Isn’t?

9/11/2017 by admin

Whether your separation is amicable or not, a divorce can be a complicated undertaking for all parties—particularly when children are involved. Because you and your ex-spouse undoubtedly want the best for your children, it’s important to work together through the appropriate legal avenues to ensure impartial child custody arrangements and appropriate child support payment amounts. […]

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Divorce Mediation vs. Litigation in New York: What’s Right for You?

8/28/2017 by admin

Divorce is never easy, especially when there are complex financial arrangements such as properties, investments, business ownerships, and trust funds involved. Divorce mediation often provides a less stressful process for many spouses who are parting ways, but it’s not for everyone. The Law Office of Robert H. Montefusco can help divorcing spouses pick the option […]

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How New York Courts Divide Assets and Debts During a Divorce

8/28/2017 by admin

Divorce means much more than a couple parting ways. You and your soon-to-be ex-spouse share much of your possessions— from the lamp in your living room to your cars and property—and now things may get a bit more complicated than attempting to divide your assets without the help of a New York divorce attorney. Divorce […]

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What Is a No Fault Divorce?

8/28/2017 by admin

The dissolution of a marriage is never a pleasant undertaking, regardless of the circumstances. Even the most amicable divorce proceedings often manifest disagreements pertaining to aspects of the separation, such as asset/debt distribution, potential spousal support, child support and child custody. Any divorce lawyer can tell you that it’s a stressful process which can turn […]

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Child Custody and High-Net-Worth Divorces in New York

8/28/2017 by admin

Entering into a divorce where children are involved will require facing the decision about child custody. Those involved in child custody cases must deal with the same issues as everyone else, but with the added task of navigating other factors which can increase the complexity of their child custody arrangements. Definition of Legal Custody in […]

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How Long Do I Have to Be Married to Receive Spousal Support?

8/11/2017 by admin

In New York divorce law, spousal maintenance (formerly referred to as “alimony”) is the process by which the monied-spouse in a divorce is ordered to pay the non-monied spouse a regular part of their income in order to provide financial support and help maintain their standard of living. In divorces where one partner earns all […]

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IS IT POSSIBLE TO CANCEL YOUR PRENUPTIAL AGREEMENT?

8/9/2017 by admin

Are you wondering how to cancel a prenuptial agreement? Do you need help filing for divorce in New York? Call the Law Office of Robert H. Montefusco, P.C. Our experienced Divorce Lawyers in Suffolk County will fight tirelessly and  advocate zealously in the court room at a trial. Most people aren’t thinking of divorce as they walk […]

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HOW LONG DOES IT TAKE TO GET A DIVORCE IN NEW YORK?

8/9/2017 by admin

One of most common questions divorce lawyers the in New York get is how long it takes to get a divorce. The answer is always the same. It depends on the details of the case. The fewer details and contested issues there are, the shorter the time span between filing and officially being divorced. CONTESTED VS. UNCONTESTED […]

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CAN I GET ALIMONY IN THE STATE OF NEW YORK?

8/9/2017 by admin

If you’re getting divorced, you’ve probably heard of alimony—an arrangement in which one spouse pays a regular sum to help the other spouse maintain their accustomed lifestyle. A number of factors affect your eligibility to receive spousal support in NY, also known as “spousal maintenance.” The only reliable way to ensure your best interests are served […]

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NON-BIOLOGICAL AND NON-ADOPTIVE PARENT MAY HAVE STANDING TO SEEK CUSTODY

8/9/2017 by admin

Never discuss the facts of your case or the philosophy or theory of your case with your spouse, his or her relatives or family members, including close friends. You never know where information leaks exist. These can be fatal to the successful outcome of a divorce action. Very frequently, one spouse will engage the other […]

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HELPFUL SUGGESTIONS FOR HANDLING YOUR DIVORCE: PART VIII

8/9/2017 by admin

Never look back, only forward. For most people life does not end with a divorce. Rather, it is the beginning of a new life upon which you (hopefully) have gained added knowledge. Perhaps you have learned from past errors, mistakes in judgments, fears or mistrusts, which may have existed in your marriage. This knowledge should […]

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HELPFUL SUGGESTIONS FOR HANDLING YOUR DIVORCE: PART VII

8/9/2017 by admin

Never hesitate to seek professional counseling. Most people do not understand the vital role counseling can play in copying with a difficult marital situation. The seeking of counseling is not a sign of weakness. Quite the contrary, it is a sign of strength. Counseling does not necessarily mean marriage counseling, not necessarily divorce counseling, but […]

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HELPFUL SUGGESTIONS FOR HANDLING YOUR DIVORCE: PART VI

8/9/2017 by admin

Never allow the statements of your spouse or the advice of your family, friend and other acquaintances who have done through matrimonial litigation to undermine your confidence or your relationship with your attorney. Frequently, one spouse will advise his mate that his Lawyer is “terrific”, “knows all the judges”, “has friends in court”. And otherwise, […]

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HELPFUL SUGGESTIONS FOR HANDLING YOUR DIVORCE: PART V

8/9/2017 by admin

Never be afraid to tell me the truth, no matter how bad you think it might be. Are you engaging in an extramarital sexual relationship? Do you earn money off the books? These and similar important matters must be discussed openly, honestly and frankly. Precautionary measures must be taken to avoid adverse results during trial. […]

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HELPFUL SUGGESTIONS FOR HANDLING YOUR DIVORCE: PART IV

8/9/2017 by admin

Never believe the threats of your spouse. They are designed to frighten you into accepting less of a financial settlement and otherwise make you fearful of going to Court. (As a matter of fact, the vast majority of divorce actions are settles, many on the day of trial, through conference with the Presiding Judge.) Some […]

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HELPFUL SUGGESTIONS FOR HANDLING YOUR DIVORCE: PART III

8/9/2017 by admin

Never use children as pawns or go-betweens Family Court IS full of children from so-called broken homes charged with juvenile offenses ranging from using drugs to burglary and truancy. A child in a broken home situation needs to have the security and the knowledge that both parents love them. For a greater explanation of the […]

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HELPFUL SUGGESTIONS FOR HANDLING YOUR DIVORCE: PART II

8/9/2017 by admin

Keep and write a diary of each days expenses (save and organize all receipts). You must know how much it costs you to live, whether a man or a woman, with children or not. Most marital actions are fought on a financial basis only. This information is vital. If you keep a diary with receipts […]

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HELPFUL SUGGESTIONS FOR HANDLING YOUR DIVORCE: PART I

8/9/2017 by admin

Never discuss the facts of your case or the philosophy or theory of your case with your spouse, his or her relatives or family members, including close friends. You never know where information leaks exist. These can be fatal to the successful outcome of a divorce action. Very frequently, one spouse will engage the other […]

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ROBERT H. MONTEFUSCO COMMENTS ON DIVORCE OF TOM CRUISE AND KATIE HOLMES

8/1/2017 by admin

Attorney Robert H. Montefusco of The Law Office of Robert H. Montefusco P.C. says the divorce involving actors Tom Cruise and Katie Holmes will impact the way their child will be raised. While Ms. Holmes may be awarded sole custody if she is able to try the case in New York, Mr. Montefusco says that […]

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What You Should Know About Spousal Maintenance

7/28/2017 by admin

The state of New York has its own rules and regulations when it comes to spousal maintenance (formerly known as alimony). It’s natural to have a lot of questions when going through a divorce, and when it comes to maintenance, you will want to consult a knowledgeable divorce attorney—especially if you have a high-net-worth case. […]

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7 Questions to Ask Your New York Divorce Attorney

7/12/2017 by admin

No divorce is easy. There are many details that must be worked out according to law while both parties struggle through an emotional time. A high net-worth individual with numerous, intricate assets will need an experienced Long Island divorce attorney with an in-depth knowledge of New York divorce law to guide him/her. The relationship you have with […]

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How New York Divorce Law Treats Retirement Plans

6/28/2017 by admin

Deciding who gets the house and how the debts are divided aren’t the only property issues faced by divorcing couples. Under New York law, retirement plans are also deemed marital property, and these plans are subject to equitable distribution among spouses. Couples spend a lot of time planning and saving for their golden years, but […]

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You Want To File For Divorce in New York: What Are Your Rights?

6/11/2017 by admin

When your marriage breaks down and there is no possibility of a reconciliation, most couples will file for divorce. You can divorce your husband or wife without his or her consent in New York. This is just one of your many rights. Other rights both couples have in divorce proceedings could include: An interest in all […]

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New York Divorce Law: The Ramification of Adultery

5/28/2017 by admin

One of the most common reasons for married couples to separate or divorce is due to adultery. However, New York’s divorce laws have been “no-fault” since 2010. What this means is that a party no longer needs to prove fault to obtain a divorce. Although adultery is legally feasible as a reason for desiring divorce, it is […]

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