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Voluntarily Claiming Paternity: A Closer Look

Becoming a father is a huge life stage. It means you no longer are in life on your own – instead, you have someone else who is counting on you to make his or her life better from the very start. There are many of us who want to take on this life stage and look…
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Why Does New York Recognize Out-of-state Common Law Marriages?

Contrary to what many people believe about getting married, you do not need an extravagant ceremony or even a trip to the courthouse to tie the knot in some states. In fact, there are still a handful of states in the U.S. that recognize the idea of “common law marriage,” which can mean that you…
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How the Child Support System Fails the Poor

The child support system is the way courts make certain that fathers are contributing to the welfare of their children. It steps in following a divorce, and it can step in if a child is born out of wedlock and the father tries not to have a part to play in the family he has…
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Division of Assets: Equitable Distribution

In the divorce process, if a couple disagrees on division of the assets and debts, then the courts decide how the property will be divided. Everything you own will be separated into real property, such as your house, and personal property, such as cars and furniture. This is called a “property division order.” What is…
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3 Ways a Prenuptial Agreement Can Make Life Better

Emotionally-speaking, a prenuptial agreement is a difficult proposition to bring up. A prenuptial agreement is done as an immediate precursor to marriage, and yet its basic function is to prepare for the marriage’s ending. However, the significant emotional weight of writing a prenuptial agreement is greatly outweighed by the numerous types of protection that having…
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What is Restraining Order Abuse?

Restraining orders are a common aspect of divorces and family issues. When used properly, they can provide everyone with time to clear their heads, focus on what they want, and calmly decide what is best. Unfortunately, restraining order abuse is rampant, a depressing fact in family law, and a difficulty that entirely too many undeserving…
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Spousal Maintenance During and After Divorce

In New York there are two types of spousal maintenance or support: temporary maintenance (or “Pendente Lite”), and post-divorce maintenance Temporary Maintenance Temporary maintenance provides support to spouses with the immediate and reasonable means to maintain a standard of living the same as or similar to the lifestyle they had when married. Temporary maintenance provides…
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