Jump to Navigation

New York and Florida Divorce Law Blog

New York faces no-fault divorce woes

Just two years ago, New York became the final state in the union to adopt a no-fault divorce policy, ridding the legal system of burdensome requirements calling for one partner to be responsible for the end of the marriage. Advocates of that reform said that long divorce trials would soon become a thing of the past, costs would drop precipitously and additional emotional pain could be avoided.

Those assertions are coming under fire as the first round of divorces proceed through the court system, with judges failing to interpret the law as some activists intended. As a result, the divorce court system is still clogged with unresolved cases, leaving some wondering why reform was pursued at all.

Social media complicates divorce proceedings

Even though you may know all about your spouse in real life, do you know what they do while they're online? That's a topic of growing debate as Facebook, Twitter and other social media sites continue to rise in popularity. An increasing body of evidence shows that using Internet social media resources can end your marriage, and the information posted online could even jeopardize your chances of receiving a fair divorce settlement.

Men and women throughout the country say that they are shocked to find out that their partner is cheating on them by maximizing their social networks through online programs. Even though some people simply use Facebook and other sites to check up on their old flames out of curiosity, a growing number are using the Internet to hook up with other people.

Keep your finances in check during divorce

Divorce is a rocky road on a number of fronts. Not only are couples thinking about their intense emotions during this difficult time but they also must face worrisome financial concerns that accompany the split. Luckily, with a few simple tips, couples going through a divorce can minimize the impact of the process on their checkbooks and savings accounts.

Professionals advise divorcing couples to avoid running up extra credit card debt. The monthly payments associated with cards can quickly overwhelm you and your credit history could be adversely affected. Many divorcees are struggling to handle living expenses, student loans, tuition, transportation and legal fees, so the last thing they need is an additional bill.

Parents: Watch the words you use after divorce

A mother had taken her child over to play at a friend's house. As the two adults were discussing the woman's impending divorce, they found themselves face-to-face with a rather ugly question. The woman's child, upon hearing that his dad was going to be his mother's ex-husband, asked whether he would also have an "ex-father."

This story illustrates the importance of the words that we all use to describe divorce and its associated events. We call our divorced spouses "ex" and even sometimes refer to our families as "broken." These terms tend to bring the focus to the experiences of the adults rather than the children who arguably feel the consequences of divorce with far more acuity.

Etheridge's ex files for more spousal support

The woman who had been married to famed singer Melissa Etheridge has filed papers claiming that the artist owes her more than the $23,000 she receives each month in spousal support. The woman, who currently shares custody of the pair's children, said that the singer has been stiffing her financially since the pair divorced.

Etheridge has countered with legal paperwork of her own, saying that her ex-wife had burned their children with cigarettes and thus was not fit as a mother. Etheridge has filed appeals in an attempt to strike down the joint custody agreement currently in place between the two women.

Judge reverses controversial alimony decision

A Nassau County judge has recently reversed his own former decision about alimony and child support payments after an independent commission criticized the ruling. The commission had said that the ruling was an example of dangerous flaws in New York divorce regulation.

In March 2011, the judge had instructed a man to pay his wife $17,000 per month as part of a divorce settlement. This was despite the fact that the man's take-home pay every month from his investment banking job was less than $13,000. The man's ex-wife earned about $100,000 as a guidance counselor, according to court documents.

Family court task group holds final two hearings

A New York state task force designed to address family court issues pertaining to children and their parents convened for its third hearing this week. The group, sponsored by the State Bar Association, has heard testimony pertaining to divorce, child custody, visitation and child support. The group was created to gather recommendations from various professionals to improve conditions for New York's children and court system.

Attorneys and child welfare specialists throughout New York have seen a rapidly increasing caseload that is straining current resources. Despite these increases, only four new family court judges have been installed since 1999. No new judgeships have been created for family court in New York City since 1991.

Prenuptial process could help Jewish divorcees

A traditional Jewish religious practice has caused financial and social problems for women who are attempting to leave their husbands, experts say, leaving more than 400 North American women destitute and helpless. The solution? According to advocates, Jewish women should pursue prenuptial agreements.

When Orthodox Jews get married, they are bound by both civil and religious unions. When the couple seeks a divorce in the courts, their religious union is not broken. That process, known as a "get," can only be performed if the husband agrees to release the wife from the partnership. A problem arises when the husband refuses to cut the religious ties with the woman, preventing her from marrying within the faith and often causing crushing social stigma. These "chained women" are termed agunot.

Older adults divorce more than ever

Despite the long-lived marriages of previous generations, those who are baby boomers are increasingly divorcing during their older years, according to new information. Study data shows that divorce rates among those older than 50 doubled between 1990 and 2009. That research, which was conducted by Bowling Green State University, showed that nearly 25 percent of 2009 divorces included people older than 50.

Divorce professionals say that the new trend is likely due to marriages happening later in life. People are getting married at about the age of 35 now and are more likely to get divorced when their kids are almost out of the house, when the couple turns 50. Previous generations were getting married in their 20s, which makes divorce more likely when the couple is in their 30s or 40s.

Biological mother wins custody rights in same-sex divorce case

A Florida lesbian couple's child custody battle has sparked both ethical and legal questions about parenthood in same-sex relationships. At stake is a 19-year-old legal ruling that governs custody cases involving sperm and egg donation technology. The law, according to experts, was designed to accommodate and protect the parents of so-called "test-tube babies."

This case involves two women in their 30s. One of the women donated her egg to the other, who bore the child to term. The women used a sperm donor during the process. The biological mother -- the woman who donated the egg -- is contending that she should share equal custody rights with the young girl's birth mother, who had been hiding in Australia with the child. The biological mother tracked the two after the split, locating them in Australia with the help of a private investigator.

How can we help?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close
Subscribe to RSS Feed
FindLaw Network

Solomon and Herrera, PLLC
2950 Hempstead Tpke, Ste 201
Levittown, NY 11756-1398

Phone: 516-342-7355
Toll Free: 866-942-0549
Fax: 516-579-2409
Levittown Law Office

Solomon and Herrera, PLLC
Marathon office
106 Bimini Drive
Marathon, FL 33050

Phone: 516-342-7355
Toll Free: 866-942-0549
Marathon Law Office

Solomon and Herrera, PLLC
Greenport office
135 Bay Avenue
Greenport, NY 11944

Phone: 516-342-7355
Toll Free: 866-942-0549
Greenport Law Office

Manhattan office (by appointment only)

Brooklyn office (by appointment only)

Privacy Policy | Legal Marketing by FindLaw, a Thomson Reuters business.

With offices in Long Island, Manhattan and Florida, the law firm of Solomon and Herrera, PLLC, represents clients throughout both states, including Jacksonville, Miami, Tampa, St. Petersburg, Orlando, Daytona, Ocala, Port Orange, Hialeah, Fort Lauderdale, Marathon, Tallahassee, Port St. Lucie, Cape Coral, Palm Beach, Fort Meyers, the Florida Keys and counties such as Hillsborough County, Orange County, Broward County, and Miami-Dade County.  In New York we serve counties such as Westchester County,  Nassau County, Suffolk County, Queens County, Kings County, New York County and Bronx County.