The Blog of Ryan S. Besinque, Divorce Attorney. Learn about the NYC divorce process and get answers to commonly asked questions about family law.
When a custody or visitation order is in place, deliberately keeping a child from the other parent can lead to enforcement or contempt proceedings. Criminal custodial-interference exposure depends on additional statutory facts, including the child’s age, the person’s intent, knowledge of the lack of legal authority, and, at the felony
New York is an equitable distribution state, not a community property state. This means marital property is divided fairly between spouses, though not necessarily equally. Under New York Domestic Relations Law § 236, courts consider multiple factors to determine what constitutes a fair division rather than automatically splitting everything 50/50.
Winning an Order of Protection in New York requires filing in the appropriate court, proving a qualifying relationship with the person you need protection from, and presenting sufficient evidence at a hearing. A granted order can restrict all contact, enforce distance from your home and workplace, and prevent the person
Divorce mediation costs vary based on the mediator’s rate, the number of sessions, whether each spouse consults an attorney, and the complexity of the issues. Manhattan divorce mediation may cost more compared to other parts of New York because professional rates vary by market. But for couples who can reach
Separation mediation is a voluntary, out-of-court process where a neutral mediator helps a separating couple negotiate the terms of a legally binding separation agreement. In New York, this process allows spouses to resolve issues such as property division, spousal maintenance, child custody, child support, and debt allocation without going to
Yes, even if you and your spouse choose mediation, New York law still requires you to plead statutory grounds for divorce. Since 2010, the no-fault ground under Domestic Relations Law (DRL) § 170(7) has been available to spouses who meet New York’s residency requirements, so grounds are rarely an obstacle.
A 2-2-5-5 custody schedule is a shared parenting rotation that splits parenting time 50/50 over a two-week cycle. The rotation breaks down into two-day and five-day blocks: one parent has the children for two days, then the other parent has them for two days, then the first parent has them
In New York, joint custody may refer to joint legal custody, joint physical custody, or both when parents are separated, divorcing, or involved in a custody case. Under joint legal custody, both parents make major decisions about a child’s education, healthcare, and religion together. Under joint physical custody, the child
Successful joint custody in New York depends on four core concepts: communication, cooperation, collaboration, and compromise. When parents master these principles, they create a stable and collaborative relationship that prioritizes their children’s well-being above personal differences. Joint legal custody requires both parents to share decision-making authority, and New York courts
New York Domestic Relations Law § 236(B)(2)(b) creates automatic orders that take effect in a matrimonial action without a separate judge-issued order. The orders restrict certain financial and insurance-related actions during a pending divorce and require notice of certain proceedings that could affect the marital estate. Manhattan divorce mediation attorney
When a custody or visitation order is in place, deliberately keeping a child from the other parent can lead to enforcement or contempt proceedings. Criminal custodial-interference exposure depends on additional statutory facts, including the child’s age, the person’s intent, knowledge of the lack of legal authority, and, at the felony
New York is an equitable distribution state, not a community property state. This means marital property is divided fairly between spouses, though not necessarily equally. Under New York Domestic Relations Law § 236, courts consider multiple factors to determine what constitutes a fair division rather than automatically splitting everything 50/50.
Winning an Order of Protection in New York requires filing in the appropriate court, proving a qualifying relationship with the person you need protection from, and presenting sufficient evidence at a hearing. A granted order can restrict all contact, enforce distance from your home and workplace, and prevent the person
Divorce mediation costs vary based on the mediator’s rate, the number of sessions, whether each spouse consults an attorney, and the complexity of the issues. Manhattan divorce mediation may cost more compared to other parts of New York because professional rates vary by market. But for couples who can reach
Separation mediation is a voluntary, out-of-court process where a neutral mediator helps a separating couple negotiate the terms of a legally binding separation agreement. In New York, this process allows spouses to resolve issues such as property division, spousal maintenance, child custody, child support, and debt allocation without going to
Yes, even if you and your spouse choose mediation, New York law still requires you to plead statutory grounds for divorce. Since 2010, the no-fault ground under Domestic Relations Law (DRL) § 170(7) has been available to spouses who meet New York’s residency requirements, so grounds are rarely an obstacle.
A 2-2-5-5 custody schedule is a shared parenting rotation that splits parenting time 50/50 over a two-week cycle. The rotation breaks down into two-day and five-day blocks: one parent has the children for two days, then the other parent has them for two days, then the first parent has them
In New York, joint custody may refer to joint legal custody, joint physical custody, or both when parents are separated, divorcing, or involved in a custody case. Under joint legal custody, both parents make major decisions about a child’s education, healthcare, and religion together. Under joint physical custody, the child
Successful joint custody in New York depends on four core concepts: communication, cooperation, collaboration, and compromise. When parents master these principles, they create a stable and collaborative relationship that prioritizes their children’s well-being above personal differences. Joint legal custody requires both parents to share decision-making authority, and New York courts
New York Domestic Relations Law § 236(B)(2)(b) creates automatic orders that take effect in a matrimonial action without a separate judge-issued order. The orders restrict certain financial and insurance-related actions during a pending divorce and require notice of certain proceedings that could affect the marital estate. Manhattan divorce mediation attorney
