The Matrimonial and Family Law Group at Jaspan Schlesinger proudly joins the nation in recognizing October as Domestic Violence Awareness Month (“DVAM”).  Once just a “Day of Unity” beginning in 1981, the entire month of October is recognized as Domestic Violence Awareness Month in New York and across the nation. As we recognize Domestic Violence Awareness Month, we will be updating our blog with relevant and timely information and resources regarding Domestic Violence and the…

I remember sitting in my Family Law class in law school and listening to the professor discussing the distinction between marital property (property acquired during the marriage) and pre-marital property (property acquired by parties individually prior to any marriage). I found myself questioning how many people actually contemplate their legal rights while in the throes of love. My answer, you may ask, after over a decade of work in the divorce arena? Not many.  There…

Contested child custody cases are among the most difficult cases set before a judicial system. This is largely because the attorneys and judges steering the proverbial “ship” are not mental health practitioners.  Additionally, the dynamics of each family unit vary greatly. Clients often want to know if their child’s expressed wishes will matter to a court. This blog will examine the current status of the law regarding a child’s express preferences. The Multi-Faceted Best Interests…

One question almost every divorce attorney has received from their female client is, “When I can go back to using my maiden name?” Well, the answer is, once the final judgment or decree in your divorce case is entered. Under the law, it is mandatory that a final judgment or decree contain a provision that “each party may resume the use of his or her premarriage surname or any other former surname.” However, it is…

Divorce is quite possibly the hardest and most exhausting journey an individual will embark upon.  In the profession, divorce attorneys state that we see “good people at their worst.” I often encounter individuals languishing in pain due to destructive relationships that seem to strip their lives of joy and, most important to the divorce process, rational thought. I don’t mean to sound harsh but, in a typical high conflict divorce, tensions tend to run extremely…

Divorcing parties and their attorneys take great care to reach a realistic valuation as to real property – hardly an easy feat. What constitutes a realistic valuation for real property has, however, become even more difficult gauge in light of the pandemic, and legislation passed in response thereto. In the early days of the lockdown, many homes were pulled off the market, with homeowners in certain states wary of (and in other states, including New…