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The two parties in a divorce can decide between themselves how to divide assets in a divorce. Most divorces are settled in this way. If they cannot agree, then a judge will decide after a trial. New York is an “equitable distribution” state. This means that a court must decide what is a fair division of the marital property. This…Read More
This is a bit of a complicated question. Legally, whoever is named on the mortgage is responsible for it. This means that the bank or other mortgage holder can sue you for it. In the context of a New York divorce proceeding, the judge can order that one party pay the mortgage, or can divide the mortgage payments between the…Read More
In New York City, a landlord must give written notice to a tenant to vacate the property. If there is a lease, the lease will usually have a provision determining what kind of notice must be given, how long a time period the notice must state, and how it must be served. If there is no lease, the tenancy is…Read More
This issue is usually dealt with in the divorce. Normally, the divorce judgment will give one parent primary physical custody, and the other parent will get visitation, or parenting time. Usually, there will be a set schedule. If there is a schedule, it has to be followed, unless both parties agree to change it. If one party wants change it,…Read More
Joint custody can mean a couple of different things. One type of joint custody is joint legal custody. This means that the parents, or whoever is on the order of joint custody, must come to an agreement on all matters involving the health, education, and general welfare of the child. It doesn’t mean that the parents have to agree on…Read More
A tenant can withhold paying rent only in certain situations. Under the Warranty of Habitability provision of New York State law, every New York tenant has the right to a “livable, safe and sanitary apartment.” To withhold rent, the housing must be unsafe or unsuitable for living. Examples include not having hot water or heat in the home, or the…Read More
Family Court handles many different kinds of cases, include the following: Juvenile delinquency Child support Spousal support Paternity Termination of parental rights Adoption Custody Guardianship Visitation Persons (juveniles) in need of supervision Family offenses and orders of protection Child protective (abuse and neglect) Each of these cases is different with different rules and procedures. For instance, in some proceedings hearsay…Read More
When a landlord rents an apartment, the conditions in the apartment have to meet a legal standard, which is called the warranty of habitability. Any conditions which do not meet this standard are violations of the warranty of habitability. These can include broken plaster, peeling paint, no or inadequate heat, and many others. If there are bad conditions in an…Read More
A few things can happen if you don’t show up for your Family Court case. If you’re the petitioner, your case will probably be dismissed, if you have not notified the court and told them why you are not there. If your case is dismissed, you can usually file it again. If you are lucky, the court may adjourn the…Read More
