R and R DIVORCE BLOG

Help Your Lawyer Help You! 3 Tips to Keep in Mind

Friday, May 12th, 2017

Help Your Lawyer Help You! 3 Tips to Keep in Mind by Debra Rubin

Many people going through a divorce or other family law related matter have limited experience working with a lawyer; some may have never before hired a lawyer. Others may have prior experience in matrimonial litigation or in other types of cases. The tips below will help anyone going through a divorce, regardless of how many times you’ve worked with a lawyer before your current case.

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3 Tips for Divorced Families to Survive the Holidays

Friday, December 9th, 2016

3 Tips for Divorced Families to Survive the Holidays by Debra Rubin & Gayle Rosenblum

Below are three tips for how to deal with issues concerning your children post-divorce during the holidays.

Tip #1

Try to have whatever parenting time schedule you are going to follow worked out before the holidays. Do not wait until December 23rd to work out your holiday and vacation schedule. (And if you need assistance from your lawyers, do not wait until the last minute to contact them.)

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Paper, Paper, and More Paper That Should NOT be SHREDDED or Otherwise Disposed Of!

Thursday, September 29th, 2016

Paper, Paper, and More Paper That Should NOT be SHREDDED or Otherwise Disposed Of! by Gayle Rosenblum

Burden of Proof for Retaining Separate Property Upon Divorce

In a blog post earlier this year, we discussed the importance of maintaining a paper trail in post judgment matters, as it relates to collection of various expenses.

Similarly, documentation to support the burden of proof is a crucial issue for divorcing couples, who may just assume that—1. because they had an asset before they were married; 2. inherited an asset before or after they were married; and/or 3. received a monetary award in connection with a lawsuit—the asset/award is automatically theirs. However, it is not that simple!

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Why It May Be in Your Best Interest to Settle a Divorce Out of Court

Friday, August 12th, 2016

Why It May Be in Your Best Interest to Settle a Divorce Out of Court by Debra Rubin

A divorce trial is sometimes necessary, but it is almost always best to settle your matter as opposed to having a judge decide your fate.

Ultimately, the things that you say in court that you think are going to help you might end up hurting you. Moreover, most good judges and lawyers will tell you that you are better off having input and fashioning your own agreement rather than allowing a stranger (the judge) to decide your future based upon what he or she may hear in testimony.

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Post-Divorce: The Power of the Paper Trail

Wednesday, May 18th, 2016

Post-Divorce: The Power of the Paper Trail by Debra Rubin

Once the divorce papers are signed, it’s not over. If there is a financial obligation between two individuals, then there will remain an on-going relationship between them. Here are some tips to make those interactions as smooth as possible.

Child Support

If a parent is not paying child support as required, there are a few possible courses of action you can pursue. You could potentially have payments made through the child support collection unit, wage garnishment, and/or income execution. You could also seek a money judgment from the court. If, after exhausting these less drastic remedies, you are unsuccessful, then you could seek contempt from the court which could entail punishment by incarceration.

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What If My Spouse Has Unreported Income?

Thursday, March 17th, 2016

What If My Spouse Has Unreported Income? by Debra Rubin

It’s not uncommon to find that somebody who is living a $300,000-a-year lifestyle is reporting $40,000 on their income tax returns.

It is a common scenario where one party in a divorce operates their own business in which certain expenses are run through the business, and/or fails to report all income on tax returns. Business owners will sometimes pay things like their car payments and cell phone bills through their business, but some people are even more brazen and charge any number of personal expenses directly through the auspices of the company they own. This can occur in any type of business or even a professional practice.

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Keeping Your Kids out of Your Divorce

Tuesday, December 8th, 2015

Keeping Your Kids out of Your Divorce by Debra Rubin

While concerns regarding your children may be utmost on your mind, children suffer when they literally become the center of the divorce process.

Having divorced parents does not mean a child is not entitled to have a positive relationship with both of them. No matter how angry or bitter the parents may feel toward each other, expressing that anger to their children will hurt them, as well.

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Judge Allows Service of Action for Divorce via Facebook

Tuesday, June 9th, 2015

Judge Allows Service of Action for Divorce via Facebook By Gayle Rosenblum

In a landmark ruling, a New York judge recently directed the service of a summons with notice for an action of divorce via Facebook.

In the case of Baidoo v. Blood-Dzraku (2015 NY Slip Op 25096), Judge Matthew Cooper, after being provided with proof of other numerous attempts, afforded the Plaintiff the right to serve her husband with divorce papers by means of the social media program, Facebook.

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Domestic Partnerships in New York

Monday, June 8th, 2015

Domestic Partnerships in New York By Gayle Rosenblum

What is a Domestic Partnership?

A domestic partnership under the laws of the State and City of New York is for couples that have a close and committed personal relationship. There is an application fee of $35 to become a domestic partnership. To revoke a domestic partnership, there is a separate flat fee of $27.

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Social Media and Your Divorce

Wednesday, December 17th, 2014

Social Media and Your Divorce By Debra L RubinIf you are going through a divorce, it is wise to be very particular about how and when you use social media. Depending on the platform you use, you may be inadvertently revealing information that could hurt your case in court.

Here are some basic tips:

Don’t post anything that is blatantly inappropriate or that can create an unwanted impression of your finances. Even if you mean it to be a joke, it can make you appear less fit as a parent if you are involved in a custody hearing. Also, if you are posting about your leisure activities, it can make you appear as if you have a substantial amount of extra money available to spend.    (more…)