Blog Posts in 2014

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Parenting Schedules Are Not Always Traditional

The traditional most common parenting schedule is the alternate weekend from Friday after school until Sunday evening, one or two dinner visits during the week and alternating legal and religious ...
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Resolve Your Holiday Parenting Schedules In Advance

One of the most difficult and frustrating problems for parents are last minute parenting/custody disputes involving the winter holidays. I urge you to resolve the schedule of Hanukkah, Christmas Eve, ...
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Divorce Plaintiff or Defendant: Does It Matter

In most divorces it does not matter if you serve the divorce summons or your spouse does. The courts do not give you more or less because you or your spouse filed. You are not automatically perceived ...
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How Do I And Must I Change My Name After Divorce

Every Divorce Judgment in New York should provide for the "resumption of the use of your maiden name or prior surname" if you choose to do so. In plain English that means that the wife has ...
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Maintaining Your Privacy During A Divorce

Nearly everybody has a smart phone and receives emails, voice mail, text messages and has a Facebook account. All of these are ripe for spying by your spouse if you are in the middle of a divorce. I ...
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Should I Choose A Divorce Lawyer Based On The Hourly Rate

Most divorce lawyers will tell you the amount of their retainer and their hourly rate at your initial consultation. If the law firm has multiple attorneys the rate may have a range based upon the ...
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Should You Move Out Of The House

In most divorces, I tend to advise clients not to move out of the house in the beginning or middle of their divorce case. Generally, there are more reasons to stay than to leave but one answer does ...
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Enforcing Non-Support Obligations After Divorce

Your divorce is final and your ex has to make payments to you for your share of the family business or has to sell the house or has to refinance and refuses to do so...now what? Often after a divorce ...
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Service Of Process By Facebook Allowed

A NY Judge for the first time has allowed Facebook to be utilized to serve a Family Court Petition to modify child support where the person could not be located through other means. The father of the ...
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My Child Refuses To Visit The Other Parent

In the last few months I have had several cases in which children are refusing to attend parenting time or visit with the non-custodial parent. In one case it is crystal clear why the children are ...
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Myths About Divorce

Lets shatter some of the myths about divorce that I hear all the time: 1. My spouse knows someone who knows someone and therefore the judge will not be fair. Judges like being judges, it took them ...
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My Wife Earns More Than I Do: What Rights Do I Have

Men often believe that they don't have the same rights as women during a divorce. While the law is suppose to be gender neutral, their still is bias even if it is not spoken. Do women have a leg ...
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Does Your Claim Pass The Smell Test?

Everyday divorce clients or their spouses and/or the other parent will make claims to their attorneys and judges that are very believable or perhaps total nonsense. Experienced lawyers and judges very ...
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Divorce Issues For Older Couples

When older couples divorce while the financial issues may be similar to younger couples they are also different. Yes, assets must still be divided and spousal support must be considered but there are ...
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How Much Is Our House Worth?

Most families going through a divorce have to decide if they are going to sell the house or whether one person will buyout the interest of the other. If the house will be sold the answer is easy: ...
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Father's Day & Father's Rights

As Father's Day approaches it is time to acknowledge the many, many fathers who always do the right thing for their children, who sacrifice emotionally, financially and legally to help their ...
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Death During A Divorce: What Happens

If a spouse dies during a divorce case the general rule is that the case is finished. There are some exceptions to the general rule but for most circumstances the court when presented with a death ...
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Why If Your Spouse Has An Inexperienced Attorney Can Cost You

My clients always hope that their spouse will hire a "lousy" attorney and that I will outfox them, out litigate them and triumph as good defeats evil. I prefer that the other attorney is ...
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Custody Rights With Same Sex Couples

What happens when same sex couples split up and there is a custody or visitation dispute over the child born during the marriage? The New York courts are recognizing that children born to same sex ...
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The Importance of the Statement of Net Worth In Matrimonial Cases

One of the most important documents in nearly every divorce or child support case is the Statement of Net Worth. This document, which is signed under oath, is the statement detailing all assets and ...
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What Can Happen If You Don't Comply With Discovery Demands In Your Divorce Case

Most, if not all, contested divorce cases where there are issues of how much money does a person have or earn will involve financial disclosure/discovery. Often there will be court orders or attorney ...
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Wife So Interfered With Husband's Career That She Received Lower Percentage

In a recent case, the judge found that although the parties had one of the most contentious divorce cases that the judge had ever presided over, nevertheless the wife could be held accountable for ...
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Managing Your Legal Fees During Your Divorce

How much will it cost and how long will it take are two of the most common questions that I am asked the first time I meet with a prospective divorce client. The answer is always it depends upon how ...
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Does Adultery Still Matter In A Divorce?

A woman called me and asked over the phone if her infidelity will affect her rights when she files for divorce. The simple answer is probably not unless it is affecting her children or she is wasting ...
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Delaying Filing For A Divorce May Cause Harm If You Don't Have A Signed Agreement

I frequently am consulted by clients who have been living separately for years and now have finally decided they want to be divorced. Most often these clients have not negotiated their settlement ...
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Steven P. Kuhn, Attorney at Law
Suffolk County Divorce Lawyer
Located at
5225 Route 347, Building 6, Suite 36
Port Jefferson Station, NY 11776.
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