Posts Tagged ‘Rubin & Rosenblum’

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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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…)

What Can a Divorcing Couple Do About Their Living Situation?

Wednesday, June 11th, 2014

What Can a Divorcing Couple Do About Their Living Situation? By Gayle Rosenblum

When facing marital trouble and considering the possibility of divorce, many couples wonder how best to handle the daily living situation while residing under the same roof. These are some of the most frequently asked questions and my answers:

To move out or not to move out? Can I? Should I?

You can move out, but this doesn’t necessarily mean you should. (more…)

How to Make Your Initial Divorce Consultation Easier

Thursday, January 9th, 2014

How to Make Your Initial Divorce Consultation Easier By Debra L. RubinConsulting with an attorney for the first time about your divorce can be a difficult and emotionally-draining experience. Here are some steps you can take to make the process easier:

Bring as much financial documentation as possible: The more information you can gather about your finances, the better. Some important details to consider are:

- How much income you and your spouse earn
- What retirement and non-retirement assets you possess
- Any real estate or automobiles you hold title to
- Any businesses or professional practices in which you or your spouse have an interest
- A list of all your current debts
- Evidence of any assets acquired prior to the marriage, by gift, or by inheritance  (more…)

How Enforceable Are Prenuptial Agreements in New York?

Tuesday, July 2nd, 2013

Recent court decisions in New York State have caused uncertainty as to whether disputed prenuptial agreements are likely to be upheld. These agreements, which are contracts signed by a couple before a marriage begins, have generally been given the same strong presumption of validity as other contracts. However, decisions in two recent cases seem to run counter to tradition.

In Cioffi-Petrakis v. Petrakis, a New York appellate court affirmed the decision of a Nassau County trial judge which invalidated a prenuptial agreement signed by both parties. The agreement in dispute was signed four days before the marriage. The wife testified that she signed the agreement only after the husband verbally promised to tear it up once the couple had children.  (The written agreement itself did not provide that it would no longer be valid once the parties had children.)  Despite the three children that followed, the husband insisted upon enforcing the terms of the prenuptial agreement when marital difficulties arose. (more…)