Countless divorce clients approach me with the same concern: If I move out of the house, will it be considered abandonment? The answer is no! “Abandonment” is one of the most misunderstood concepts in divorce lingo. In New York State, you must have a reason to get a divorce, called a “ground” for divorce. Abandonment is one of seven grounds on which you can commence a divorce action. In order to file for a divorce on the ground of Abandonment, you must show that your spouse abandoned you for a period of one year or more. Moving out of the marital residence after a divorce action is commenced is not considered abandonment. Even if you did abandon your spouse for a year, it merely provides your spouse with a reason to commence a divorce action. It does not in and of itself affect the outcome of the divorce action.

However, before you decide to move out there are other considerations you should discuss with your attorney. (more…)

Tags: abandonment, divorce, divorce action, divorce grounds, moving out

Divorce has been depicted in Hollywood, both by films and by the celebrities featured in them, as endless wars between spouses. This portrayal represents how divorce proceedings can drain both individuals financially, damage relationships and cause emotional trauma for children stuck in the middle. Recently though, couples have found an alternative with the help of marital mediation.

Kindle to the Fire
Couples look to part ways for several reasons, but not all reasons are as emotionally fired up as infidelity. Perhaps the main issue is losing a job, debt problems, or unequal contribution to household income or raising children. Lack of communication can bring these problems to a point where many say, “I just can’t do this anymore.” (more…)

Tags: divorce, marital mediation, mediation

http://www.wben.com/Texting–Tweets—Facebook–The-New-Tools-of-Divor/8607356

Buffalo, NY (WBEN) — Think your soon-to-be-ex-spouse’s divorce attorney can’t find what you’ve “hidden” in your Facebook account?

Think again.

Information from social networking sites – including Facebook and Twitter, emails, text messages, and search engines is more and more frequently being used as evidence in court proceedings.

“It is a new phenomenon. We’re seeing its impact at a variety of levels,” Nelson Zakia, chair of Matrimonial Law for Hogan Willig, P.C. told WBEN’s Sandy Beach on Thursday. (more…)

Tags: divorce, emails, facebook, marital conduct, text messages, twitter

It has long been rumored that the divorce rate in America has reached an all-time high with a predicted 50% of marriages ending in divorce.  In New York State, the process of divorce has been especially renowned to be complicated, emotionally and financially damaging, and torturously long.  This characterization seems well deserved considering, as NBC New York points out, New York was the only state in America lacking no-fault divorce legislation.  However, (more…)

Tags: divorce, new york state, Protecting Women with No-Fault Divorce

HoganWillig is pleased to welcome Thomas R. Cassano as Executive Counsel to our firm’s Matrimonial and Family Law Department. Mr. Cassano has limited his practice almost exclusively in the area of matrimonial and family law for more than thirty years. He was recently appointed to the New York State Matrimonial Law Advisory Committee and serves on the Executive Committee of the Family Law Section of the New York State Bar Association. Since 1981, Mr. Cassano has been a Certified Fellow of the American Academy of Matrimonial Lawyers and a former Vice President of the organization’s New York Chapter. He has also been named as one of the “Best Lawyers in America” in the area of family law every year since 1993.

Tags: Executive Counsel, Matrimonial and Family Law Department, Thomas R. Cassano

Domestic violence is a far more prevalent problem than most people realize. By some estimates, as many as one in three women have been abused by an intimate partner. While domestic abuse occurs more commonly against women, men can be victimized as well.

Domestic violence is not limited to physical and sexual assaults. Abuse between intimate partners can take many forms, including (more…)

Tags: domestic abuse, domestic violence, Family Justice Center of Erie County, safety plan

Did you know that your educational degree or professional license can be considered marital property within the meaning of the Domestic Relations Law of New York State?

It’s true, if acquired during your marriage and before the commencement of a divorce action or the execution of a separation agreement, your degree or license can be subject to equitable distribution. This simply means that your spouse may be entitled to share in part of the value that your license or degree represents, or in other words, the value of your enhanced earning capacity. (more…)

Tags: divorce action, enchanced earnings, enhanced earning capacity, equitable distribution, marital asset, martial property, McGowan v. McGowan, O'Brien v O'Brien, separation agreement