Blog Posts in 2011

How do you find the right attorney for you?

Finding the right attorney is not an exact science, but is a personal choice each client must make when hiring counsel. However, when looking for an attorney you want to hire an attorney not only with ...
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Health Insurance in Divorce

So many times my clients ask when they can remove their soon to be ex-spouse from their health insurance, or conversely, when their soon to be ex-spouse may remove them. The answer is always the same, ...
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Pre-Nuptial Agreement

Marriage is romantic, but it also has a practical side. This is why many clients choose to enter into a prenuptial agreement upon marriage. The true benefit of a prenuptial agreement is that it allows ...
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The "SUNY" Cap: A parent's obligation to contribute towards college

The Courts in New York State may order the parties to pay for their children to attend college. Pursuant to DRL 240 (1-b) (c ) (7), absent a prior agreement, the Court may direct parents to contribute ...
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Judges start to address the new spousal maintenance calculations

In October of 2010 New York State passed new temporary spousal maintenance calculations. Prior to this new statute, during the pendente lite period the Court would ascertain the needs of the spouse ...
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Attorney for the Children

In New York state, courts will often appoint an attorney for the children of the litigants going through a custody dispute, whether in supreme court or family court. While the standard in custody ...
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Is my spouse entitled to my business when we get divorced?

The answer is, it depends. Distribution of an asset, such as a business depends on what if any contributions the other spouse made towards the business. These contributions are broken down into two ...
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Does New York have jurisdiction to handle my divorce?

There are five alternative requirements to obtain a divorce in New York State. A party must meet one of the following five: 1) The parties were married in the state and either party is a resident ...
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What type of Agreement do you need?

Often clients are unaware of the different types of martial agreements available. Depending on the client and their individual needs, different agreements are appropriate. There are four major ...
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Contempt and Enforcement

Perhaps you are right in the middle of your divorce and there is a pendente lite order in place. Or, perhaps the divorce is finalized and you have your Judgment of Divorce. Now, your ex-spouse, or ...
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Marriage Equality Act

New York state passed the Marriage Equality Act this past week. This is a historic moment for New York state, as New York joins Connecticut, Iowa, Massachusetts, New Hampshire, and Vermont, plus ...
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When am I divorced?

Very often my clients on Long Island ask me, "when am I divorced?" This is a common question after the parties sign a Stipulation of Settlement, or complete a trial. The answer is you are ...
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The Preliminary Conference

Often clients on Long Island ask me when they are at the beginning of their divorce case, what will happen at the Preliminary Conference. The Preliminary Conference is typically the first court ...
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What is hearsay?

Clients tend to be most familiar with the legal term hearsay, but often do not truly understand what it means. Hearsay is defined as an out of court statement offered for the truth of what it asserts. ...
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What is an EBT?

An EBT, which stands for Examination Before Trial, is synonymous with the term deposition. This is discovery mechanism in litigation where each party is questioned under oath by the other party's ...
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What will happen to the marital residence in your divorce?

The most common asset amongst my client's on Long Island is the marital residence. The biggest question is what will happen to the marital residence during the divorce and after that case ends. The ...
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Same sex divorce in New York

New York has not passed a law which allows for same sex marriage. However, pursuant to recent case law, New York does recognize a same sex marriage validly entered into in another state. Today, five ...
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Creating a parenting schedule that works

Often times client's complain to me that despite the written agreement, their former spouse does not follow the parenting schedule in place. Whether the Agreement contradicts itself or not, many of my ...
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The role infidelity plays in your divorce.

Often times I have to remind clients that their divorce is not like what they see in the movies, and the truth is that infidelity will not affect your divorce as you would think. In New York State ...
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What does pendente lite mean?

During your divorce the Court is concerned with maintaing the status quo of the marriage during the pendency of the divorce action. In order to accomplish this, the Court grants pendente lite relief, ...
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Mediation

As an attorney on Long Island, many clients in my office went to Mediation prior to retaining counsel. The clients complained that in the mediation process no one was advising them of the law or a ...
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Divorce Settlements

I cannot tell you how often as a divorce attorney, a client tells me, " I want to settle." It is such a common phrase amongst people getting divorced on Long Island. The divorce process is ...
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How does technology affect your divorce?

As technology expands year after year, people going through a divorce must be careful to monitor their use. I cannot tell you how often emails end up as part of parties' exhibits in motion practice. ...
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Who am I?

My name is Andrea Friedman, and I am an Long Island divorce attorney concentrating in Matrimonial and Family Law. After graduating from Hofstra Law School in Hempstead, New York, and moving to ...
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