Blog Posts in April, 2012

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  • Equitable Distribution is Not Always a 50/50 Split

    Posted By Eiges & Orgel, PLLC || 26-Apr-2012

    Equitable distribution of marital property in a divorce proceeding does not mean that the marital property is going to be split evenly between the spouses. Separate property is the term used to describe property that is exempt from equitable distribution. Separate property include property acquired by bequest, devise or descent, that is, from an inheritance; property received as a gift from a ...
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  • Grandparents' VIsitation Rights to Children of Deceased Parent

    Posted By Eiges & Orgel, PLLC || 18-Apr-2012

    Grandparent's rights are governed by the golden rule in custody and visitation cases. The golden rule is that the court will act in the best interests of the child. The Domestic Relations Law 72 grants grandparents standing to seek visitation with their grandchild consistent with the best interests of the child when one or both of the parents is or are deceased. The failure of a parent and ...
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  • Effect of Disability on Maintenace

    Posted By Eiges & Orgel, PLLC || 10-Apr-2012

    Many people expect that because they are disabled that they should receive more money for maintenance in a divorce action. Disability is considered as one of 20 factors used in determining an award of maintenance. Case law has provided that disability directly affects the duration of maintenance, even though it may not have an effect on the specific amount of money to be paid to the economically ...
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