Recent Posts in Divorce Category

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  • What Can I do if My Ex Wants to Go Out of the Country with My Kids?

    Posted By Eiges & Orgel, PLLC || 23-Aug-2017

    Now that it’s summer and the kids are home, you might be thinking of getting away for a family vacation. For many divorced couples, figuring out a vacation custody agreement can be a difficult challenge. This is especially true when both parents can’t agree on custody arrangements for traveling out of country. Usually, a court order for vacations with a minor child will often restrict ...
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  • Why You Should Seek Therapy for Your Children During a Divorce

    Posted By Eiges & Orgel, PLLC || 4-Aug-2017

    Divorce is a difficult experience for spouses to endure and, if you think you are having a hard time coping with it, imagine what your children might be going through. Even the most amicable divorce will present some hardships for children and, regardless if they are exhibiting signs of an emotional struggle or not, your children are likely having some difficulties with processing this new ...
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  • Why You Should Never File for Divorce Without a Lawyer

    Posted By Eiges & Orgel, PLLC || 13-Jul-2017

    Divorce is an immense emotional undertaking, but it is also an intense legal minefield as well. Divorce lawyers spend their careers learning the intricacies of family law and what it takes to best represent a client and effectively protect his or her interests. Trying to attempt this on your own might seem alluring, given the legal costs you believe you will save, but making this mistake can ...
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  • Duress during Divorce Settlements

    Posted By Eiges & Orgel, PLLC || 3-Jul-2017

    Actor Terrence Howard’s divorce made headlines not only for his celebrity, but for the contentious and scandalous details of his divorce agreement. Claiming he was coerced into signing an agreement that promised his ex-wife an exorbitant amount of money to be paid in spousal support, Howard claimed to be under duress when he agree to pay such a generous amount for spousal support. His lawyer ...
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  • 11 Questions to Consider Before Getting a Divorce

    Posted By Eiges & Orgel, PLLC || 5-Jun-2017

    Getting married is a serious matter, and getting divorced even more so. Divorce can be a painful and long, drawn-out process which may drain you emotionally, mentally, and financially. No one excitedly jumps to the idea of a divorce at the drop of a hat, but sometimes, people are so caught up in their frustrations or anger, they hastily decide to end the relationship before truly considering how ...
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  • Giving Your Children Custody of Your Home after Divorce

    Posted By Eiges & Orgel, PLLC || 2-Jun-2017

    Divorces when there are children involved are undoubtedly some of the most difficult and complicated situations for families to handle. When two parents decide to separate, children are often left in the middle, wondering how and why their lives are going to drastically change. With so much instability, the entire family unit can be disrupted in a way which may leave children emotionally scarred ...
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  • High Quality Legal Work at a Fair Rate: Managing Costs in Divorce and Family Law Cases

    Posted By Eiges & Orgel, PLLC || 25-Apr-2017

    Cost is one of the largest concerns people have when it comes to seeking a divorce or resolving a family law matter. Although divorce and family law cases have earned a reputation for being costly, that does not mean they have to be inexcusably expensive. In fact, our legal team at Eiges & Orgel, PLLC is committed to keeping costs reasonable for all clients we represent through the efficient ...
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  • How to Use Social Media During a Divorce

    Posted By Eiges & Orgel, PLLC || 15-Feb-2017

    Today’s world is more connected and instantaneously accessible than ever thanks to inventions like the smartphone, Wi-Fi, and social networks. Facebook, Twitter, LinkedIn, and a host of other online sites have offered people the ability to connect and interact with each other in ways that often are impossible away from their computer or smartphone screens. As a result, these online actions ...
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  • What Happens to My 401(k), IRA, or Pension in a Divorce?

    Posted By Eiges & Orgel, PLLC || 31-Jan-2017

    When contemplating divorce, some of the first questions we ask ourselves relate to how assets will be divided and the impact such divisions may have. Depending on the state where the divorce case is pending, the answer may vary, especially when considering your own individual circumstances. There are some general rules, however, that may offer some clarity on what to expect from your divorce. In ...
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  • What to Do If You Suspect Your Spouse Is Hiding Assets

    Posted By Eiges & Orgel, PLLC || 30-Jan-2017

    There’s no question about it, divorce can be messy. Spouses are given the difficult task of separating their lives and assets during an emotionally volatile time. It may come as no surprise that heated conflicts often arise. Unfortunately, these disputes sometimes cross the legal line, such as when a spouse attempts to hide marital assets during the division of property. This can be ...
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  • How Are Business Assets Divided in a New York Divorce?

    Posted By Eiges & Orgel, PLLC || 23-Jan-2017

    Divorce is known for being complicated, especially when it comes to dividing business assets. There is no universal rule for how this is dealt with, however. In New York, business assets accumulated during a marriage are subject to equitable distribution. What is Equitable Distribution? Equitable distribution is a legal doctrine used by divorce courts to determine how the assets and liabilities of ...
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  • 5 Concerns for Couples Facing a High Asset Divorce

    Posted By Eiges & Orgel, PLLC || 19-Jan-2017

    While no divorce may be free of financial difficulties, for high net worth couples, the legal process can be particularly challenging. From the division of complex assets and business interest to spousal support orders, many areas can require special attention. Below our blog outlines five considerations for couples going through a high asset divorce. The valuation of complex assets : While unique ...
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  • Postnuptial Agreements: It's Not Too Late to Protect Your Assets

    Posted By Eiges & Orgel, PLLC || 4-Jan-2017

    A postnuptial agreement is essentially the same as a prenuptial agreement, except that you and your spouse would enter into this agreement after your marriage rather than before, allowing you to decide how property, assets, and money would be divided in the event of a divorce. Without such an agreement, you leave the fate of your property and assets in the hands of the state. No one gets married ...
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  • Prenups for Intellectual Property?

    Posted By Eiges & Orgel, PLLC || 23-Dec-2016

    The number of 18- to 35-year-olds seeking prenuptial agreements is on the rise across the nation, but many millennials are more interested in protecting intellectual property than cash as they head to the altar. Millennials are increasingly focusing on the value of their talents rather than the value of personal property, real estate, and current salaries, which makes sense in an age in which ...
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  • Reformation of an Agreement of Equitable Distribution is Not Easy

    Posted By Eiges & Orgel, PLLC || 12-Dec-2016

    New York is an equitable distribution state, which means that marital property is fairly (not necessarily equally ) divided at divorce. Equitable division considers what each spouse contributed to the marriage in order to determine exactly what each spouse is entitled to and what they will need to move forward after the divorce. Striving for a fair outcome, the judge will consider the following: ...
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  • Did You Know That Attorney Fees for a Divorce May Be Tax-Deductible?

    Posted By Eiges & Orgel, PLLC || 7-Dec-2016

    In general, legal fees for a divorce are tax-deductible to the extent that they exceed 2% of a taxpayer’s adjusted gross income, and then only if related to tax advice or incurred to generate spousal support or to collect arrears. Legal fees to collect child support are not deductible. Your attorney must prepare separate bills for deductible charges and non-deductible charges pursuant to ...
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  • Effect of Disability on Maintenance

    Posted By Eiges & Orgel, PLLC || 2-Dec-2016

    Many people expect that because they are disabled that they should receive more money for spousal 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 ...
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  • 5 Tips for Surviving a Divorce During the Holidays

    Posted By Eiges & Orgel, PLLC || 16-Nov-2016

    The holidays are usually a time for joyfully celebrating with family and friends, but when you are in the middle of a divorce, celebrating is probably one of the last things on your mind. With Thanksgiving coming up next week, we’d like to take the time to address the topic of divorce during the holidays. A difficult time for many people, there are still plenty of ways for you to enjoy the ...
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  • Is it Good for You if Your Spouse Has an Incompetent Attorney?

    Posted By Eiges & Orgel, PLLC || 8-Nov-2016

    Interested in getting a divorce? The first step is to select a qualified lawyer to represent you throughout the duration of your case. With so many New York divorce attorneys to choose from, this can be a task in itself. So let’s assume that both you and your spouse have found attorneys and have begun the negotiation process. During the process, you notice that your spouse’s attorney ...
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  • What Happens if Your Ex-Spouse Refuses to Comply with a Court Order?

    Posted By Eiges & Orgel, PLLC || 24-Oct-2016

    If you have recently been through a divorce, you may be aware that just because you have a divorce decree does not mean that you don’t ever have to think about your divorce ever again. Even with legal documents, a spouse may refuse to comply with court orders involving matters such as property division, child support, visitation, child custody, or spousal maintenance. This, obviously, can ...
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  • Do I Really Need a Divorce Lawyer?

    Posted By Eiges & Orgel, PLLC || 7-Oct-2016

    Considering a divorce ? You may be wondering if it is worth it to hire an attorney or if you can just handle the divorce yourself. Whether you are dealing with an uncontested or contested divorce, it is always a good idea to hire an attorney in order to protect your best interests. Our New York divorce lawyers explain why below. Here’s why you should hire an attorney to represent you during ...
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  • Are You Financially Prepared for Your Divorce?

    Posted By Eiges & Orgel, PLLC || 19-Sep-2016

    Divorce can be complicated – that's why you need to be prepared. Before you start the tedious legal proceedings surrounding the termination of your marriage, make sure that you are financially ready. Every divorce is different, but there are a few easy steps that you can take towards financial security. Make Copies of Financial Paperwork First, make copies of any financial paperwork that ...
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  • When Could Separate Property Be Divided in a Divorce?

    Posted By Eiges & Orgel, PLLC || 29-Aug-2016

    Equitable Distribution in New York: Marital Property vs. Separate Property New York is an equitable distribution state, which means that all marital property will be divided in a manner that is fair and equitable when a marriage ends in divorce. What this does NOT mean is that there will be an even, 50/50 split. Generally, property acquired during the marriage by either spouse will be subject to ...
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  • Legal Separation vs. Divorce in New York

    Posted By Eiges & Orgel, PLLC || 12-Aug-2016

    Many individuals are under the impression that when a marriage has become irretrievably broken, the two parties will go through divorce. While this is the most common option for dissolution, there are some alternatives that you may want to consider, especially if you are still considerably amicable with one another. One of the alternative options is to not dissolve the marriage at all. In this ...
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  • What Parents Can Do to Avoid Parental Alienation and Estrangement

    Posted By Eiges & Orgel, PLLC || 26-Apr-2016

    When it comes to marital issues and divorce, it can be easy for parents to involve innocent children who do not fully understand what is occurring. In many cases, parents may participate in parental alienation or estrangement without comprehending the consequences these acts may have on their children or their relationships with their children. In a book titled, Bold Love, authors Dr. Dan Allender ...
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