Financial Disclosure in Prenups: A Road to Building Stronger Enforceable Agreements

When it comes to creating prenuptial agreements in New York, the law sets a surprisingly low bar for financial disclosure. However, that doesn’t mean couples should skip this vital step. While legally optional to some extent, financial transparency can strengthen a prenup’s enforceability, improve negotiation outcomes, and foster trust in a marriage. Let’s explore how financial disclosure impacts prenups, the legal nuances in New York, and the strategic considerations that can help protect both parties.

What New York Law Requires

In New York, a prenuptial agreement must:

1. Be in writing.

2. Be signed by both parties.

3. Be acknowledged in the same manner as a deed.

Unlike other states, New York does not mandate financial disclosure for a prenup to be valid. This means a prenup can be enforceable even if no financial details are exchanged. However, courts may scrutinize a lack of disclosure if there are signs of fraud, coercion, or significant unfairness. Our policy for all agreements is that there should be some baseline level of financial disclosure.

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Some Examples of why we require SOME level of financial disclosure:

Fraudulent Disclosures: If a party misrepresents their financial situation, the agreement could be voided. If your partner relied on inaccurate information that could be detrimental to them, this can really weaken your marital agreement.

Overreaching: When one party uses undue influence or takes advantage of the other, courts may intervene in the interest of justice.

This leniency contrasts with jurisdictions under the Uniform Premarital Agreement Act (UPAA), where comprehensive financial disclosure is a prerequisite for enforceability.

Why Financial Disclosure Still Matters

Even though not legally required, financial transparency is a practical and strategic advantage when drafting a prenup. Here’s why:

Stronger Legal Protections

Disclosing assets, liabilities, and income bolsters the agreement’s enforceability. Courts are more likely to uphold a prenup if both parties had a clear understanding of the financial landscape at the time of signing.

Better Negotiation Outcomes

Transparent financial information allows couples to negotiate terms that accurately reflect their circumstances. This is particularly important in:

Title Controls Agreements: Where separately titled assets remain individual property, disclosure ensures clarity about what each party is waiving. I will refer to this as making a decision “knowingly and intelligently”.

Trust-Related Assets: Disclosing interests in irrevocable trusts or future inheritances can help craft equitable terms, especially when such resources impact the marital standard of living.

Preserving Relationship Trust

Refusing to disclose financial details can create doubt and strain. Prenups are not just legal documents; they set the tone for a marriage. Open communication about finances fosters mutual respect and confidence.

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Key Areas to Address in Financial Disclosures

Couples should aim to disclose financial information comprehensively, including:

Assets, Liabilities, and Income

This is the foundation of financial disclosure. Both parties should provide details about:

- Real estate holdings

- Investments

- Retirement accounts

- Outstanding debts

- Annual income

Trust Interests

Beneficial interests in irrevocable trusts should be disclosed, even if they are excluded from equitable distribution by default. Trust-related disclosures can protect the trust while ensuring fairness.

Future Inheritances

While not legally required and sometimes highly speculative (who can ever be 100% sure if you will ever actually collect an inheritance), discussing anticipated inheritances can help couples plan for lifestyle impacts and potential power imbalances.

Strategic Considerations for Drafting Prenups

Customizing Protections: For high-net-worth individuals, disclosing trust interests or other significant assets can help tailor provisions that protect family wealth while addressing the non-wealthy spouse’s needs.

Addressing Power Imbalances: Prenups can include provisions to mitigate disparities, such as income supplements or access to marital property.

Anticipating Lifestyle Needs: Consider the financial realities of your marriage, including shared living arrangements and potential changes in income dynamics.

Financial Disclosure as a Foundation for Success

While financial disclosure isn’t a legal obligation for prenuptial agreements in New York, its benefits are undeniable. A thorough and honest approach strengthens legal enforceability, streamlines negotiations, and fosters trust between partners. Whether safeguarding significant assets or ensuring fairness in your future marriage, transparency is vital in building a successful prenup—and marriage.

If you’re considering a prenuptial agreement, contact us today at Mindin & Mindin, P.C. to learn how financial disclosures can protect your interests and create a fair foundation for your future together.

Foster v Foster's High Net Worth Divorce Issues

There is a highly contested legal battle being covered by the New York Post (https://nypost.com/2024/10/29/us-news/estranged-wife-of-destitute-private-equity-big-gripes-about-10g-monthly-allowance/) and I couldn’t help but weigh in on it. In this high-profile divorce case involving Stephanie Foster and her estranged husband, John H. Foster, a number of legal and ethical issues have surfaced, presenting highly contentious situation. The case not only highlights financial disputes common in high-net-worth divorces but also raises questions regarding asset disclosure, spousal support, and potential privacy violations. As we break down the legal aspects of this ongoing litigation, it is essential to understand what options are available to both parties at this stage, how New York courts generally approach such matters, and the possible outcomes.

Key Legal Issues in the Foster Divorce Case

Spousal Support and Lifestyle Maintenance

• One of the primary issues in this case revolves around spousal support, specifically whether Stephanie Foster is receiving adequate financial support during the divorce proceedings.

• Stephanie testified that John initially provided her with a $10,000 monthly allowance, which was cut in half and eventually eliminated. She was forced to submit expense reports to his management company for reimbursement, which raises questions about her financial well-being during the divorce.

• In New York, temporary spousal support, or pendente lite, is often awarded to ensure that the lower-earning spouse can maintain a similar lifestyle to what they enjoyed during the marriage. This is particularly relevant in high-net-worth divorces like this one, where the parties lived an extravagant lifestyle before separation. The court will consider both parties' financial resources, needs, and living standards established during the marriage.

• The drastic reduction in Stephanie’s allowance could be challenged by her legal team, who may argue that it does not adequately reflect the standard of living to which she was accustomed during the marriage.

Asset Disclosure and the ‘Net-Worth Strategy’

• Another critical issue in this case is John Foster's alleged concealment of assets. According to Stephanie, her husband has been hiding his wealth while claiming financial destitution.

• Text messages reportedly show John thanking his lawyer for a "net-worth strategy" that left Stephanie believing he was bankrupt. This revelation could have significant implications for the case, especially if the court determines that John has misrepresented his financial status in bad faith.

• Under New York law, both parties in a divorce must fully disclose their assets and liabilities through a Statement of Net Worth. If it is proven that John intentionally concealed assets or provided false financial information, the court could impose serious penalties, including adjusting spousal support or dividing marital property in Stephanie’s favor. As mentioned by the presiding judge, there could also be ethical ramifications for John and his legal team.

• Fraudulent concealment of assets is a serious issue that can impact the division of marital property. Courts have discretion in punishing non-disclosure, potentially awarding a larger portion of marital assets to the innocent spouse.

  Prenuptial Agreements

  • Stephanie also referenced a prenuptial agreement she refused to sign before the couple’s 2009 marriage because it would have left her with “nothing.” While this prenup was not executed, its existence raises questions about how the couple initially viewed their financial arrangements.

  • Had the prenuptial agreement been signed, it would have significantly impacted the division of assets. However, since it was not, Stephanie will likely argue that all assets accumulated during the marriage should be subject to equitable distribution, a key principle in New York divorce law.

  • In New York, equitable distribution requires that all marital property, including income earned during the marriage and property purchased together, be divided fairly (though not necessarily equally) between the spouses. Assets such as John’s private equity firm, properties, and other high-value holdings could all be considered marital property if they were acquired or increased in value during the marriage.

• Privacy and Legal Violations

  • The privacy issues John’s legal team brought up regarding Stephanie’s access to his private communications add another layer of complexity. John’s lawyers accused her of improperly accessing his phone and violating attorney-client privilege.

  • While New York courts generally take privacy violations seriously, there is also the question of evidence admissibility. If the texts prove that John concealed assets or misrepresented his net worth, the court may still allow this evidence, especially if it proves relevant to determining spousal support or division of assets.

  • The court will have to weigh the privacy concerns against the potential fraud revealed by the texts. Illegally obtained evidence may be excluded, but if it is crucial in uncovering asset concealment, the judge may consider the broader implications of fairness in the case.

Options Available to the Parties

1. Stephanie Foster’s Legal Strategy

   • Stephanie’s legal team can seek an emergency motion for spousal support or an increase in temporary support payments, arguing that her current financial situation is unsustainable, especially given the extravagant lifestyle they lived during the marriage.

   • Her legal counsel may also push for forensic accountants to analyze John’s financial records in greater detail, especially given the accusations of asset concealment. Forensic experts could help uncover hidden assets or wealth that John has transferred to other entities.

   • Regarding the text message evidence, Stephanie’s legal team should prepare to defend the manner in which the information was obtained while arguing that its relevance to the case outweighs any potential privacy violation.

2. John Foster’s Legal Options

   • John’s defense will likely focus on discrediting the evidence that Stephanie obtained from his phone, claiming it was accessed illegally and should not be admissible in court.

   • Additionally, he may argue that his financial situation has changed, which would justify the reduction or elimination of spousal support. His legal team must provide credible financial documentation to back up these claims.

   • Given the potential ethical violations raised by the judge, John may also need to review his legal strategy and ensure full compliance with asset disclosure rules to avoid further penalties or sanctions.

LEON MINDIN, ESQ’s Legal Opinion

The issues in the Foster divorce case touch on several critical aspects of New York family law: asset disclosure, spousal support, privacy, and the implications of high-net-worth divorces. If John is found to have deliberately hidden assets or misrepresented his financial situation, the court may not only impose punitive measures but also significantly alter the financial outcome in Stephanie’s favor.

Stephanie’s accusations of financial manipulation, coupled with her claim of dwindling financial support, suggest that she may have a strong case for increased spousal support and a more equitable distribution of marital assets. However, the privacy violation accusation related to the text messages could complicate matters, especially if the court deems the evidence inadmissible.

Ultimately, this case highlights the importance of full financial disclosure in divorce proceedings, particularly in cases involving high-net-worth individuals. Both parties must tread carefully, as missteps in either asset disclosure or privacy violations could severely impact the final outcome.

In high-net-worth divorce cases like this, the stakes are high, and every legal move matters. As Stephanie and John continue their legal battle in New York County Supreme Court, the court must carefully weigh issues of spousal support, asset concealment, and privacy violations. Both parties should prepare for a prolonged legal fight. Still, the outcome will likely hinge on the court’s findings regarding John’s true financial situation and the admissibility of the controversial text message evidence.

Should You Start Your Divorce Before or After the Holidays? A Guide for New Yorkers

The holiday season in New York City is a magical time—twinkling lights adorn the streets, festive markets pop up in every borough, and there's a general sense of joy in the air. But for those in an unhappy marriage, this time can also bring added stress and difficult decisions. One question often arises: Should I begin the divorce process now, or wait until after the holidays?

As a millennial divorce attorney in NYC, I've seen many clients ask me about this dilemma. My advice is usually “the sooner you start, the sooner you finish.” Let's explore the factors to consider so you can make the best choice for your situation.

Pros of Waiting Until After the Holidays

Minimizing Stress During a Busy Season

The holidays are hectic enough without adding divorce proceedings into the mix. Waiting can help you avoid overwhelming yourself during an already stressful time.

Financial Considerations

Year-end expenses like gifts, travel, and parties can strain your budget. Starting the divorce process might mean additional legal fees and financial adjustments. Waiting until January could give you a clearer financial picture for asset division.

Preserving Family Traditions for the Kids

If you have children, maintaining family traditions for one more season can provide them with a sense of stability and normalcy.

Avoiding Emotional Anniversaries

By not associating the holidays with the announcement of a divorce, you might prevent future emotional triggers for yourself and your family.

Pros of Starting the Divorce Process Now

Prioritizing Personal Well-being

If your marriage involves emotional or physical abuse, it's crucial to prioritize your safety. The holidays can sometimes exacerbate tensions, making it a risky period to delay.

Reducing False Hope

Waiting might give your spouse the impression that the relationship is salvageable. Being honest about your intentions can prevent misunderstandings.

Avoiding Awkward Social Situations

Holiday parties and family gatherings can be uncomfortable if you pretend everything is fine. Starting the process now allows you to set boundaries and perhaps skip events that add stress or escalate tension with in-laws.

Gaining a Head Start

Initiating the process now means you're one step closer to beginning your new life in the new year. It can be empowering to take action rather than feeling stuck.

Factors to Consider

Your Co-Parenting Relationship

How well are you and your spouse able to cooperate, especially during stressful times? If tensions are high, it might be better to start addressing the issues sooner.

Holiday Plans

Do you have significant plans like a family vacation? Consider how starting the divorce might impact these events.

Support System

Think about how friends and family will react. A strong support network can make the transition smoother.

Financial Readiness

Assess your financial situation. Can you afford to start the process now, or would it be better after receiving year-end bonuses or tax returns?

If You Decide to Wait

Even if you choose to hold off on initiating the divorce until after the holidays, you can still use this time productively.

Educate Yourself**

Research New York's divorce laws, especially concerning asset division, spousal support, and child custody. Understand the differences between mediation, collaborative divorce, and litigation.

Gather Financial Documents

Collect statements for bank accounts, investments, debts, and any other financial records. Having these documents ready will make the process smoother when you do start.

Consult Professional Attorney Advice

Schedule a consultation with us at Mindin & Mindin to learn more about your rights in a divorce. CLICK HERE TO CALL US.

Plan for the Future

- Think about your goals post-divorce. Start budgeting for the changes ahead.

There's no right or wrong answer—only what's best for you and your family. Whether you choose to wait or to start now, being informed and prepared can make a significant difference in your experience. The decision to divorce is deeply personal. Take the time you need to make the choice that's right for you.

Understanding Custody Modifications in New York: How the Court Applies Tropea Factors in Recent Cases (October 2024 Update)

Custody arrangements often evolve as the parents or children’s circumstances change, and modifications can be essential to accommodate the best interests of the child. In New York, custody modifications require courts to assess multiple factors, especially when one parent seeks to relocate. This was clearly illustrated in the recent case, Cornielle v. Rosado (2024), where the court examined key considerations in determining custody and parental access. Below, we’ll explore this case to show how New York courts apply the Tropea factors and ensure a balanced approach to custody arrangements.

The Role of Tropea Factors in New York Custody Modifications

The landmark Tropea v. Tropea decision established that courts must carefully evaluate the best interests of the child in relocation cases by considering several factors. These include:

1. Which arrangement will best promote the child’s stability.

2. The quality of the home environments available to each parent.

3. Each parent’s past performance in caregiving.

4. Each parent’s relative fitness and ability to foster a positive relationship between the child and the noncustodial parent.

5. The child’s preferences, depending on their age and maturity.

While the Tropea factors are essential in relocation cases involving an existing custody order, the court views these factors differently when there is no prior order.

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Cornielle v. Rosado: A Case Study

In Cornielle v. Rosado, the Family Court initially granted the mother primary custody of the child, permitting her to relocate to Pennsylvania. The court applied the above factors, considering relocation as one aspect among several. THE COURT emphasized that each factor must be balanced as part of the broader assessment of the child’s needs, rather than any single factor being decisive.

Joint Custody: Not Always the Right Fit

While joint legal custody is often encouraged for stable and communicative co-parents, it isn’t suitable in cases where conflict impairs cooperation. In Cornielle v. Rosado, the court found joint legal custody unsuitable due to the contentious relationship between the parents. The court stressed that joint custody requires amicable co-parenting and communication, qualities which were absent in this case. As a result, sole custody was awarded to the mother, allowing her to make primary decisions for the child’s welfare.

Parental Access and the Right to Maintain Bonds

The court also addressed the father’s right to reasonable parental access, which is a joint right held by both the noncustodial parent and the child. Courts generally avoid limiting parental access unless extraordinary circumstances indicate potential harm to the child’s well-being. In this case, although the court granted the father limited weekend access, the initial schedule failed to support his relationship with the child sufficiently.

Given that the child’s relocation to Pennsylvania posed logistical challenges, the court ordered a new visitation schedule that prioritized quality time.

The Importance of a Defined Parental Access Schedule

A clearly defined parental access schedule prevents disputes and ensures each parent understands their time with the child. By outlining exact dates and special occasions, the court helps avoid ambiguity and reduces the need for ongoing negotiation between parents. In Cornielle v. Rosado, the court emphasized that the new arrangement should be free of parental consent requirements from the custodial parent to protect the father’s visitation rights and strengthen his relationship with the child.

Key Takeaways for Parents Seeking Custody Modifications

This recent case highlights important lessons for parents involved in custody modifications in New York:

1. The Best Interests of the Child Are Paramount: New York courts prioritize the child’s stability, well-being, and relationships with both parents when assessing custody modifications.

2. Joint Custody Requires Cooperation: Joint custody is only appropriate when both parents can maintain a positive co-parenting relationship. In high-conflict cases, sole custody may better serve the child’s best interests.

3. Clear Parental Access Is Essential: A defined access schedule is crucial to preserving the child’s relationship with the noncustodial parent and minimizing conflict.

4. Relocation Is One Factor in a Broader Assessment: Relocation alone doesn’t determine custody decisions. Courts carefully consider the move's impact on the child’s stability, schooling, and relationship with the noncustodial parent.

Understanding these principles can help parents approach custody modifications more strategically, ensuring they focus on arrangements that truly benefit their child. Contact us for more information if you are seeking assistance with your custody or relocation matter!

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Domestic Violence in New York City Divorce: Beyond Physical Abuse

When most people think of domestic violence, they typically imagine physical abuse. While this is one form of domestic violence, the reality is that it extends far beyond the physical. For millennial couples going through divorce or custody battles in New York City, understanding the many facets of domestic violence is crucial, especially as it can shape the trajectory of legal actions, including divorce, child custody, and financial settlements.

I will break down what constitutes domestic violence, how it impacts divorce proceedings in New York City, and why recognizing non-physical forms of abuse is essential in protecting yourself and your rights.

Expanding the Definition of Domestic Violence

The classic definition of domestic violence involves physical harm, but in reality, it includes much more. Domestic violence is any behavior used to establish power and control over another person in an intimate relationship. This can manifest through:

• 1. Psychological Abuse: Manipulating or controlling a partner's emotions. This includes isolation from family or friends, constant criticism, and verbal degradation, making the victim feel worthless or powerless.

• 2. Financial Abuse: Controlling or limiting access to financial resources. In many relationships, one partner may control all the finances, making it impossible for the other to leave or even afford legal help during a divorce.

• 3. Verbal Abuse: Constant insults, threats, or humiliation intended to weaken a person’s self-esteem and independence.

• 4. Sexual Abuse: Forcing or coercing a partner into unwanted sexual activity, or using sex as a weapon in the relationship.

• 5. Litigation Abuse: In some cases, the abuser will use legal means, such as dragging out divorce proceedings or filing unnecessary motions, to further control their partner. This is often a tactic used by a financially dominant spouse to exhaust their partner's resources.

Recognizing these forms of abuse is essential, as many victims may not even realize they are experiencing domestic violence until they step back and examine the broader picture.

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The Cycle of Abuse: A Key Component in Divorce Cases

For millennial couples in New York City, the cycle of domestic violence plays a pivotal role in legal battles, particularly in divorce and custody disputes. This cycle often follows a pattern:

• 1. Tension-Building Phase: The abuser becomes increasingly agitated. Victims often describe this phase as "walking on eggshells," feeling constant anxiety without knowing when the next outburst will occur.

• 2. Explosion: This is when the abuse happens. It could range from verbal lashings to physical violence. In many cases, it’s unpredictable, leaving the victim shaken and uncertain of what caused it.

• 3. Honeymoon Phase: After the explosion, the abuser often apologizes or tries to make amends, offering gifts, affection, or promises of change. This temporary phase gives the victim hope, but the cycle inevitably begins again.

  Understanding this pattern can be key in court cases. In New York, the court takes these dynamics into account when assessing the safety of children and the division of assets in divorce proceedings. Lawyers and judges look closely at the history of domestic violence to ensure that victims and their children are protected from further harm.

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The Impact of Domestic Violence on Divorce Settlements

For millennials in New York City, the divorce process can be even more complex when domestic violence is involved. Here’s how domestic violence can affect different aspects of your divorce:

• Custody Arrangements: New York courts prioritize the best interests of the child, and a history of domestic violence can significantly impact custody decisions. Courts are unlikely to grant custody or unsupervised visitation to a parent with a history of abuse, particularly if there is evidence of harm or threats to the child.

• Financial Settlements: Financial abuse often surfaces during divorce proceedings. In cases where one spouse controls all the finances, courts can take measures to ensure a fair distribution of assets, possibly awarding more to the victim to help them rebuild their life.

• Orders of Protection: If you are a victim of domestic violence, obtaining an Order of Protection (similar to a restraining order) can be a vital step in ensuring your safety and that of your children during the divorce process. New York courts can issue Orders of Protection that prevent the abuser from contacting or coming near the victim and their children.

• Litigation Abuse: If your spouse is using the legal process to harass or financially burden you, this is another form of control. New York courts recognize this tactic and may sanction or penalize the abuser, ensuring that the divorce process proceeds more fairly.

Protecting Yourself: What to Do if You’re Experiencing Domestic Violence

If you are in a relationship where domestic violence is present, here are some steps you can take to protect yourself:

• 1. Document Everything: Keep a record of any incidents of abuse, including photos, messages, and dates. This will be invaluable during legal proceedings.

• 2. Seek Legal Help: Contact an attorney experienced in domestic violence and family law. They can help you file for an Order of Protection, navigate the divorce process, and ensure that your rights are upheld.

• 3. Plan for Your Safety: If you’re in immediate danger, create a safety plan that includes finding a safe place to go, keeping important documents on hand, and notifying trusted friends or family.

• 4. Reach Out to Support Services: In New York City, there are numerous resources available for victims of domestic violence, including shelters, counseling services, and legal aid. Organizations such as Sanctuary for Families provide comprehensive support to help you through this challenging time.

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Don’t Let Domestic Violence Define Your Future

Domestic violence, in all its forms, is a serious issue that impacts countless individuals in New York City. For millennials going through divorce, recognizing the signs of abuse and understanding your legal rights can empower you to take control of your situation. Whether it’s physical, psychological, financial, or verbal abuse, no one deserves to live under the control of another person.

If you're experiencing domestic violence, reach out to our experienced attorneys at Law Offices of Mindin & Mindin, P.C. and take legal action, and protect your future. The process of divorce is already challenging, but with the right support and knowledge, you can come through stronger and rebuild your life.

What to Say in New York City Family Court: Essential Tips for Success in Custody Cases

Working your way through the New York City Family Court can be daunting, especially if you have an upcoming hearing. Whether you’re representing yourself or working with an attorney, understanding what to say in court is crucial for presenting a persuasive case. This guide offers key insights tailored to the unique environment of NYC courts, helping you prepare effectively and boost your chances of success!

Preparation is Key

New York City courts are notoriously busy and fast-paced, not to mention still catching up on the backlogs from the COVID-19 pandemic, which means you’ll likely have limited time to present your case. The first step to a successful court appearance is thorough preparation. Instead of throwing every possible detail into your argument, focus on the most important points that align with the legal standards of your case. In NYC, especially in family law cases, the “best interest of the child” standard is paramount. Understanding this and other relevant laws is essential for framing your argument effectively.

Understand the Law and the Judge’s Perspective

In New York City, family law judges and court referees are primarily concerned with the well-being and safety of children. It’s important to present your case with this in mind. Start by researching the specific laws that apply to your case—whether it is custody, visitation, or child support. Knowing the legal framework will help you focus your arguments on what matters most to the judge.

Your argument should be concise and focused on key points that directly relate to the legal standards. Avoid overwhelming the court with too much information, as this can dilute your strongest arguments and the Judge will not give you an opportunity to be heard. Instead, develop a clear “through line” or central theme that ties all your points together.

Example: If the central issue is the child’s safety, every point you make should relate back to that theme, such as how the current living arrangements affect the child’s well-being.

Your Argument: Less is More

In a city as busy as New York, judges don’t have time to sift through unnecessary details. Limit your points to the most compelling arguments. If you’re representing yourself, resist the urge to cover every aspect of your case. Instead, focus on the facts and evidence that support your main argument.

When crafting your argument:

- Start with a high-level summary of your case.

- Use the “through line” technique to ensure all your points support the central theme.

- Avoid personal attacks or emotional appeals that don’t contribute to your legal argument.

Pro Tip: Work with a legal coach or consult with a skilled attorney at Mindin & Mindin, P.C. who will make the argument on your behalf. An experienced professional can help you identify the strongest points and anticipate the judge’s questions or concerns.

Know What the Court Wants

Judges in New York City are trained to think logically and analytically. They’re looking for arguments that make sense and are backed by admissible evidence. Before your hearing, think about what the judge needs to know to rule in your favor. Focus on presenting your case logically and clearly, avoiding any irrelevant details that could distract from your main points.

For example, if your case involves a dispute over child custody, the judge will be interested in how each parent’s situation affects the child’s best interests. Highlight facts that demonstrate stability, safety, and the ability to meet the child’s needs.

Pro Tip: Keep your argument child-focused. Judges are more likely to respond favorably if they see that your primary concern is your child's well-being and not your own comfort.

Practice Your Delivery

Taking the time to practice your delivery can make a big difference. Practice speaking clearly and confidently, and make sure you stay on point. If you’re nervous, remember that preparation will help you channel those nerves into a focused and persuasive argument.

If you have an attorney, work with them to understand why they might choose to emphasize certain points and not others. Trust their experience—they know what will resonate with the judge.

Appearing in New York City Family Court can be intimidating, but with the right preparation and understanding of the legal framework, you can present a compelling case. Focus on the key points, understand the judge’s perspective, and practice your delivery to ensure you make the most of your time in court.

Need more help? If you’re navigating the NYC Family Court system and need additional support, consider giving us a call at Mindin & Mindin, P.C. to see how we can help you increase your chances of success.

The Top 10 Mistakes Men Make in New York City Divorces and How to Avoid Them

As a man going through a divorce, it's crucial to be aware of common mistakes that can significantly impact the outcome of your matrimonial case. In my experience dealing with hundreds of cases for both genders, here are the top 10 mistakes men make during divorce and how to avoid them to ensure a smoother and more favorable outcome.

1. Moving Out Without a Plan

One of men's biggest mistakes is moving out of the marital home without a solid plan, especially when children are involved. Moving out can lead to complications regarding custody, child support, and access to your children. Before deciding to vacate the marital residence, work out a clear custody and parenting time schedule and understand the financial implications of maintaining two households.

2. Not Filing for Divorce First

Although your legal rights are the same whether you are the Plaintiff or a Defendant in a New York State divorce filing, filing first allows you to set the narrative, control the timing, and potentially secure advantageous court orders regarding custody, property, and financial matters. Don’t wait for your spouse to file first—being proactive can make a significant difference in your case.

3. Choosing the Wrong Attorney

Selecting an experienced divorce attorney is crucial. Many men make the mistake of hiring an attorney who isn’t specialized in family law, often based on recommendations or cost. Don’t call your cousin Larry’s college roommate who does real estate closings to deal with your divorce, you only get one chance to get it done right and calling us at Mindin & Mindin, P.C. for a consultation is a good starting point. In New York City, where divorce laws and proceedings can be particularly complex, it’s essential to choose a lawyer who specializes in divorce and has a deep understanding of the local courts and judges. We only practice family and matrimonial law at Mindin & Mindin, P.C. and are equipped to provide you with highly experienced and competent representation.

4. Hiding Money or Assets

Attempting to conceal assets or hide money during a divorce is a critical error that can lead to severe legal consequences. New York courts require full financial disclosure, and failure to be transparent can result in penalties or unfavorable rulings. Always be honest with your attorney and disclose all assets to avoid complications. Remember that there is always a paper trail and the law allows for broad discovery to be conducted in all matrimonial proceedings!

5. Not Being Involved with Your Children

If you have children, it’s essential to be actively involved in their lives, especially during a divorce. Courts in New York look favorably on parents who are engaged and committed to their children’s well-being. Make sure you know your children’s schedules, participate in their activities, and maintain a strong relationship with them.

6. Settling Too Early

Settling your divorce case too early, without having all the necessary information, can lead to unfavorable outcomes. Whether it’s about dividing assets, determining child support, or arranging custody, avoid making hasty decisions. Take the time to gather all facts, consult with your attorney, and carefully consider the long-term implications of any settlement.

7. Using Social Media Carelessly

Social media can be a dangerous platform during a divorce. Anything you post can be used against you in court. A screenshot is worth a thousand words! In New York City, where privacy is already a concern, it’s best to avoid social media altogether during your divorce proceedings. If you must use it, be extremely cautious and avoid posting anything that could be misconstrued.

8. Not Following Court Orders

Ignoring court orders is a serious mistake that can lead to legal penalties, including being held in contempt of court (which in some instances comes with handcuffs and an all-expenses paid trip to Riker’s Island). Whether it’s related to custody, property, or financial obligations, always comply with court orders. If you believe an order is unfair, consult your attorney about the possibility of modifying it legally. Don’t take it into your own hands.

9. Removing Your Wife from Health Insurance

Don’t make the mistake of removing your wife from health insurance or other beneficiary designations prematurely. In New York, making unilateral decisions about financial matters during a divorce can lead to legal complications and make you look unfavorable in the eyes of the court. Always maintain the status quo until there is a legal agreement in place.

10. Refusing to Compromise

Divorce is a negotiation process; refusing to compromise can prolong the process and increase legal costs. Being rigid and unwilling to negotiate can backfire whether it’s about custody, property, or financial matters. Approach your divorce with an open mind and be willing to find common ground with your spouse.

Divorce in New York City is often complex and challenging, but by avoiding these common mistakes, you can protect your interests and achieve a more favorable outcome. The key to success is being proactive, choosing the right attorney, and staying informed throughout the process.

If you're facing a divorce in New York City and want to avoid these common pitfalls, contact us at Mindin & Mindin, P.C. today to for a free consultation. Our experienced divorce attorneys can guide you through the process and help you make informed decisions to protect your future.

Understanding What Your NYC Child Custody Judge Really Wants: 3 Essential Insights for New York City Divorce Cases

3 Essential Insights for New York City Divorce Cases

Navigating the complexities of child custody during a divorce in New York City can be overwhelming. The stakes are high, and emotions run deep, but understanding what your child custody judge (our court referee) wants can make a significant difference in your case. Here are three essential insights to help you better prepare for your custody battle in NYC.

1. NYC Judges Strive for Fairness, Reasonableness, and Compassion in Custody Cases

In any New York City child custody case, judges aim to be seen as fair, reasonable, and compassionate. However, fairness in the legal sense doesn’t always align with how you may personally perceive it. As you navigate your NYC divorce or custody case, it’s crucial to recognize that judges must follow New York State laws and legal precedents, which sometimes constrain their ability to act in ways that may seem compassionate on the surface.

Judges in NYC understand that each custody case is unique, but they are bound by the law to make decisions that might not always feel fair from an emotional perspective. Remember, they are committed to being impartial and following the law, which sometimes means making tough decisions that may not align with your expectations. Many judges prefer to err on the side of caution and will take their time to ensure there are not safety risks to the child(ren). Recognizing this can help you approach your case with a more realistic mindset, understanding that your judge's goal is to balance fairness, reasonableness, and compassion within the framework of New York law.

2. NYC Judges Are Committed to Making the Right Decision for Your Family

In the heart of New York City, where life moves fast, child custody judges are tasked with making crucial decisions about your family’s future and they are not in a rush. These judges genuinely want to make the best possible decision for your family, even if it seems impossible to grasp the full complexity of your situation in a short court hearing.

NYC judges prioritize the well-being of children above all else. When there are no safety concerns, their primary goal is to ensure that both parents remain actively involved in the child’s life. This often involves crafting a co-parenting plan that reflects the best interests of the child, which is a central focus of NYC family courts. Understanding this can help you present your case in a way that aligns with the judge’s priorities, increasing your chances of a favorable outcome.

3. Avoiding Reversal on Appeal: A Key Concern for NYC Judges

For judges in New York City, maintaining a solid track record is essential, and being overturned on appeal can be a significant blow to their career. This is why NYC child custody judges meticulously follow legal procedures and ensure their decisions are sound and based on all the available evidence.

Understanding this can help you appreciate why your case might require multiple hearings or a full trial. Judges want to ensure they have all the facts and receive evidence in the proper admissible form before making a decision that will stand up to scrutiny in higher courts. For you, this means preparing thoroughly and presenting your case clearly, knowing that every detail matters in the eyes of the court. Having skilled and experienced legal counsel from Mindin & Mindin, P.C. can be an advantage.

Navigating NYC Child Custody with Insight and Strategy

Facing a child custody battle in New York City is challenging, but understanding what your judge wants can give you a strategic advantage. NYC judges are bound by law, dedicated to fairness, and committed to making decisions that protect your child’s best interests while ensuring their rulings stand up to legal scrutiny. By approaching your case with these insights, you can better position yourself for success in the New York City family courts.

Whether navigating a complex NYC divorce or just starting the process, being informed and prepared is your best asset. Remember, in New York City, presenting your case factually, calmly, and strategically is key to achieving a favorable outcome in child custody cases. Call, email, text or schedule a free strategy session with us at Mindin & Mindin, P.C. to learn more about how WE can help YOU.

Navigating the Complexities of Child Custody in New York City Courts

The determination of child custody is a pivotal and often highly sensitive aspect of divorce proceedings in New York State. It's a process where both parents are entitled to contribute to their child's post-divorce upbringing. Should they fail to reach a custody agreement, the Family Court or Supreme Court assumes the responsibility to decide in accordance with the child’s best interests as its guiding standard.

Deep Dive into New York State's Child Custody Types

1. Legal Custody

Legal custody grants a parent the right to make crucial decisions regarding the child's upbringing. These decisions span various domains but are limited to MAJOR decisions, not just ordinary day-to-day decisions regarding the child’s upbringing:

- Educational Choices: Selecting schooling type, relocation for education, elective subjects, and extracurricular activities.

- Healthcare Decisions: Primary care physician selection, medication management, dietary choices based on medical advice, vaccinations, and emergency healthcare.

- Religious Choices: Deciding on religious education, participation in religious events, and adherence to religious customs.

The court may award sole legal custody to one parent or joint legal custody, requiring cooperative decision-making. When parents cannot reach a joint decision after meaningful consultation, either parent can be selected as the final decision maker or the parents can elect to use a third-party as a tie-breaker (although that tie-breaker is legally non-binding on the decision)

2. Physical Custody

Physical custody, also referred to as residential custody, pertains to the child’s living situation. The court may grant sole physical custody to one parent or joint physical custody to both, taking into account various practical considerations like the parents' work commitments and other relevant factors.

Understanding the 'Best Interests of the Child' in New York

New York State law does not provide a strict definition of the "best interests of the child." This principle is rooted in prioritizing the child’s health, safety, and emotional well-being. When determining custody, the court centers its decision on what benefits the child most, rather than the parents' individual preferences. The Judge has the discretion to determine what is in the child’s best interests and it will not always align with either parents desires which is why engaging in competent and experienced attorneys from Mindin & Mindin, PC can help you tremendously in the process.

Factors Influencing Custody Decisions

The court considers numerous factors, including:

- **Primary Caregiver Role**: The parent who was more involved in day-to-day care during the marriage often has an advantage in custody decisions.

- **Parenting Ability**: The court assesses each parent’s ability to meet the child's needs, particularly for children requiring special care.

- **Childcare Arrangements**: For working parents, the ability to provide stable childcare plays a critical role.

- **Substance Abuse**: A history of substance abuse can negatively impact custody decisions, unless there's evidence of rehabilitation.

- **Mental and Physical Health**: The parents' mental and physical health conditions are scrutinized to ensure they can adequately care for the child.

- **Educational Opportunities**: The ability to provide superior educational options can influence custody decisions.

- **History of Abuse or Neglect**: Any past incidents of abuse or neglect are significant factors in determining custody.

- **Domestic Violence**: Evidence of domestic violence can lead to serious concerns about a parent's ability to provide a safe environment.

- **Home Environment Safety**: The safety and stability of the home environment are critical considerations.

- **Parental Alienation**: Accusations of alienating the child against the other parent are taken seriously.

- **Financial Stability**: While not a decisive factor, a parent's financial situation can impact their ability to provide for the child.

- **Child’s Preferences**: Depending on their age and maturity, the child’s wishes may be considered. There is no specific age in New York, however the court will consider the child’s competency, intelligence and reasonableness of their wishes.

The Vital Role of an Experienced Top Tier Child Custody Attorney

The expertise of a skilled child custody attorney is indispensable in these cases. The Law Offices of Mindin & Mindin, PC offer extensive legal expertise to protect your rights, guide you through complex maze of the New York legal processes, negotiate custody arrangements, represent you in court proceedings, and handle other divorce-related and or custody-related issues. Their comprehensive legal support is crucial in navigating the intricacies of child custody and securing favorable outcomes.

Contact the Law Offices of Mindin & Mindin, PC for a confidential consultation and experience their commitment to achieving the best possible outcome in your child custody case.

Pro Soccer Star Achraf Hakimi relies on his mother to save his fortune from ex-wife Hiba Abouk - What happens if someone did the same thing in New York?

Pro Soccer Star Achraf Hakimi relies on his mother to save his fortune from ex-wife Hiba Abouk who has filed for divorce from the Paris Saint Germain star player. Achraf Hakimi has reportedly managed to find a loophole to save his assets in the divorce from his wife, Hiba Abouk. The PSG star reportedly has no significant assets in his name, and most of his fortunes are saved under his mother's name. Reports in France claim that 80% of the PSG star's salary goes to his mother. He keeps the rest 20%, and that has helped the footballer save a lot in the divorce settlement. Could something like this happen in New York State in a divorce? Let’s think it over…

Marriage is a significant event in a person's life, and it comes with legal and financial implications. In New York State, the law mandates that marital assets be divided equitably during a divorce, which means each spouse is entitled to a fair share of the property accumulated during the marriage. However, some spouses may consider transferring their assets to their parents during the marriage to avoid equitable distribution of marital assets.

Asset transfer during a marriage is a complex issue, and it is important to understand the legal implications before taking any actions and consulting with an expert matrimonial attorney here at Mindin & Mindin, P.C.

In New York State, a spouse may transfer their assets to their parents or any third party during the marriage, but such transfers can be challenged in court during a divorce. In New York, the court will presume that any asset transfer made during the marriage is a fraudulent transfer if the transfer was made with the intention of depriving the other spouse of their rightful share of the property. This is because the law recognizes that each spouse is entitled to a fair share of the marital assets, and any attempt to conceal or transfer assets is a violation of the law.

If a spouse transfers their assets to their parents, the court will investigate the transfer and consider several factors, including the timing and purpose of the transfer, the relationship between the spouses, the value of the assets transferred, and whether the transfer was made in good faith. The court may also consider whether the spouse had any outstanding debts or obligations at the time of the transfer. If the court finds that the transfer was made with the intent to defraud the other spouse, it may order the assets to be returned to the marital estate and divided equitably. The court may also impose penalties, including monetary fines and sanctions, on the spouse who made the transfer. It is important to note that transferring assets to a parent does not guarantee that the spouse will avoid equitable distribution of marital assets. The court will examine the circumstances surrounding the transfer and make a determination based on the specific facts, circumstances and evidence presented. Additionally, transferring assets to a parent may have unintended consequences, such as tax implications or potential disputes with the parent over the ownership of the assets.

While transferring assets to a parent during a marriage may seem like a way to avoid equitable distribution of marital assets, it is not a foolproof solution. New York State law recognizes that each spouse is entitled to a fair share of the marital assets, and any attempt to transfer or conceal assets will be scrutinized by the court. It is essential to consult with an experienced matrimonial attorney at Mindin & Mindin, P.C. if your circumstances match this situation in order to ensure that your rights are protected and that you understand the legal rights you may have.

Give us a call for a free phone consultation or use the form below to email us to let us know more about your situation.

Are Personal Injury Awards Considered Marital Property in New York Divorce?

In New York State, marital property is subject to equitable distribution upon divorce. What about personal injury awards? Are they considered marital property? The answer is, it depends!

First, it’s important to understand what is meant by “marital property.” Generally speaking, marital property includes any assets that were acquired during the course of the marriage, regardless of who actually owns them. This can include things like real estate, bank accounts, retirement funds, and even personal property like cars and furniture. However, not all assets acquired during the course of the marriage are considered marital property.

Separate property, which is typically property that was acquired before the marriage or through inheritance or gift during the marriage, is not subject to equitable distribution. This means that each spouse is entitled to keep their separate property upon divorce. So where do personal injury awards fit into all of this? In some cases, personal injury awards may be considered marital property. For example, if the injury occurred during the marriage and the award was granted during the marriage, it may be considered marital property if the award is seen as compensation for the loss suffered by both spouses due to the injury, such as loss of income or medical bills. However, there are also cases where personal injury awards are considered separate property. This is more likely to be the case if the injury occurred before the marriage or if the award was granted after the marriage but for an injury that occurred before the marriage. In these situations, the award is seen as compensation for the individual’s own personal loss, rather than a loss suffered by both spouses.

Even if a personal injury award is considered marital property, it may not necessarily be subject to a 50/50 split between the spouses. Instead, it will be subject to equitable distribution, which means that the court will consider a variety of factors to determine what is a fair and reasonable distribution of the property. This could include things like the length of the marriage, each spouse’s income and earning potential, and any other relevant factors.

So what does all of this mean for someone going through a divorce in New York? If you have received a personal injury award, it’s important to speak with a knowledgeable divorce attorney here at Mindin & Mindin, P.C. to determine whether it is likely to be considered marital property. If it is, you will want to be prepared to provide documentation and other evidence to support your position on how it should be distributed. If you are on the other side and your spouse has received a personal injury award, it’s also important to speak with an attorney to understand your rights and options. Depending on the circumstances, you may be entitled to a portion of the award, but you’ll need to be prepared to make a case for why you are entitled to it!

In conclusion, personal injury awards can be a complicated issue in New York divorce cases. While there are some general rules that apply, every case is unique and requires a careful analysis of the specific facts and circumstances involved. If you’re going through a divorce and have questions about personal injury awards or other property division issues, it’s important to work with a knowledgeable attorney who can guide you through the process and protect your rights.

Use the Contact Form below to contact us to learn more about how we can help you with your divorce!

Same Sex Divorce in New York State

New York State became the sixth state in the United States to legalize same-sex marriage in 2011. Since the legalization, many same-sex couples have been able to legally marry and enjoy the same legal rights and protections as opposite-sex couples. It is no surprise that just like opposite-sex marriages, same-sex marriages can also end in divorce.

Same-sex couples who were legally married in New York State are entitled to the same divorce rights and procedures as opposite-sex couples. This means that same-sex couples who want to divorce must meet the same legal requirements, such as residency requirements, as opposite-sex couples.

One of the main challenges of same-sex divorce is the issue of property division. In New York State, property acquired during the marriage is generally considered marital property and is subject to equitable distribution in the event of a divorce. However, determining what constitutes marital property can be more complicated in same-sex marriages.

Child custody and support can also be complex issues in same-sex divorce cases. Same-sex couples may have used various means to become parents, such as surrogacy, adoption, or artificial insemination. This can lead to legal challenges when determining custody and support arrangements, especially if only one partner is the legal parent of the child.

Another potential challenge in same-sex divorce cases is discrimination. Unfortunately, some judges and court officials may still hold biases against same-sex couples, which can impact the outcome of the case. It's important for same-sex couples to work with an experienced family law attorney from Law Offices of Mindin & Mindin, P.C., who is knowledgeable about the legal rights and protections of same-sex couples and can advocate for their interests.

Same-sex divorce in New York State can present unique legal considerations and challenges. It is important for same-sex couples who are considering divorce to work with a knowledgeable and experienced family law attorney who can guide them through the process and protect their legal rights and interests. By working with a skilled attorney, same-sex couples can ensure that their divorce is fair, equitable, and respectful of their rights and dignity. Call us today at 888-501-3292 for a free consultation.

Can we waive future spousal support in a New York State prenuptial agreement?

Prenuptial agreements are legally binding contracts between two individuals who are planning to get married. Prenups typically address property division, financial support, and other important financial issues that may arise in the event of a divorce. In New York State, how to handle spousal support in the event of a divorce or separation can also be addressed in a prenuptial agreement.

Spousal support, also traditionally known as alimony or maintenance, is financial support paid by one spouse to the other during or after a divorce. The purpose of spousal support is to ensure that the recipient spouse is able to maintain a similar standard of living to what they had during the marriage. Spousal support can be temporary or permanent, and the amount and duration of the support can vary based on a number of factors, including the length of the marriage, the income of both parties, and the standard of living during the marriage.

If you are planning to include spousal support in your prenuptial agreement in New York State, there are several important things to consider. First, it's important to understand that prenups cannot waive or limit the right to receive spousal support entirely. This means that even if your prenup includes a provision that says one party will not receive spousal support, there always remains a possibility of a challenge to the agreement and a court may still award support if it determines that the provision is unfair or unconscionable. That is where the guidance and skill of an experienced attorney from Law Offices of Mindin & Mindin, P.C. comes in. We will ensure that your spousal support waiver and agreement are both fair and reasonable and stand the most likely chance to be upheld in a court of law.

You can use a prenup to set the amount and duration of spousal support, and to establish the circumstances under which support will be paid. For example, you could include a provision that says spousal support will be paid for a certain number of years based on the length of the marriage, or that support will only be paid if certain conditions are met, such as the recipient spouse being unable to support themselves or the paying spouse being able to afford to pay.

It's also extremely important to make sure you have a clear record that both parties have had the opportunity to review and negotiate the terms of the prenup, and that each party has had independent legal advice or the opportunity to obtain independent legal advice in the event your partner decides to represent themselves. In New York State, a prenup can be deemed unenforceable if one party was pressured or coerced into signing it, or if one party did not fully understand the terms of the agreement. We will work with you to make sure that the circumstances around entering into the prenuptial agreement are clear and that each party entered into the agreement knowingly, freely and intelligently.

If you are planning to include spousal support in your prenup, it's important to consult with an experienced family law attorney who can guide you through the process and ensure that your prenup is legally enforceable. An attorney from Law Offices of Mindin & Mindin, P.C. can also help you understand the different factors that may affect spousal support in your specific case, such as the length of your marriage and the income of both parties.

If you are planning to include spousal support in your prenuptial agreement in New York State, it's important to understand the limitations of what can and cannot be included in the agreement. An experienced family law attorney can help you navigate the complexities of creating a prenup that addresses spousal support and protects your interests in the event of a divorce. Call or email us today to set up a free no obligation consultation and case evaluation.

What kind of documents need to be provided in New York State for a child support case?

When going through a child support case in a New York State court (whether in Family or Supreme Court), there are various documents that must be provided to ensure that the case is properly evaluated and the current dollar amounts are applied to calculate the correct presumptive amount of child support. Whether you are the custodial parent seeking support or the non-custodial parent fighting to reduce your payments, the following documents must be presented:

1. Income Information: These would be the most critical documents that must be provided in a child support case. Both parents must disclose their income, including their employment income, rental income, business income, and any other sources of income. The purpose of providing income information is to calculate the amount of child support to be paid. Income information should be supported with tax returns, pay stubs, and W-2s.

2. Financial Affidavit/Statement: A sworn financial statement is required to support the income information provided. The statement should list all your assets, liabilities, and expenses. It should also show your monthly income and the source of the income.

3. Child Custody Agreement: If there is a custody agreement in place, it should be provided to the court. The agreement should outline the custody arrangement, the responsibilities of each parent, and any existing child support arrangement. The court will use the custody agreement as a guide in making decisions about child support.

4. Medical Insurance Information: Both parents must provide information on the medical insurance they have for the children. The information should show the cost of the insurance and who pays for it.

5. Proof of Child Expenses: The expenses of the child, including education, medical care, and extracurricular activities, must be shown to the court. Proof of expenses can include receipts, bills, and bank statements.

6. Bank Statements: Bank statements must be provided in some instances to show proof of income and expenses. The bank statements will help to determine the actual amount of money spent on the child's needs. This is more common in divorces but occasionally are required through Family Court support proceedings as well.

7. Employment Information: Employment information must be provided to show proof of income. The employment information should include the name of the employer, the address, and the duration of employment. If you are self-employed, you must provide your business income statements.

8. Income Tax Returns: Income tax returns are crucial in determining income. Both parents must provide the most recent income tax returns. The returns must be provided for the last three years.

9. Birth Certificates or Acknowledgment of Paternity: Birth certificates of the child must be provided to confirm the relationship between the parents and the child.

10. Social Security Numbers: Both parents and the child's social security numbers must be provided. This is necessary to facilitate the child support enforcement process.

Going through a child support case can be daunting, but providing the required documents can help to make the process easier. With the right documents, we can assist you with your child support matter to get the correct amount awards.

Use the form below to contact us IF YOU NEED ASSISTANCE WITH A NEW YORK STATE CHILD SUPPORT MATTER

What is a prenuptial agreement good for in New York?

Prenuptial agreements are contracts signed by a couple at some point prior to their marriage. These agreements outline certain financial rights and responsibilities of each spouse in the event of a separation or divorce.

One of the primary reasons a prenuptial agreement is useful is that it provides financial protection for both partners. This is important in a state like New York where the law provides for equitable distribution of marital assets in the event of a divorce. A prenuptial agreement allows a couple to predetermine the method for most of the distribution of assets and debts, rather than relying on a court to make the decision or addressing it from the beginning through their attorneys at the time of a divorce. This can prevent disputes and reduce the cost and stress of matrimonial proceedings.

Another benefit of a prenuptial agreement is that it allows couples to define their expectations regarding their future financial situation. This can include provisions regarding spousal support, property ownershipm etc.... With a prenuptial agreement in place, there is less uncertainty about what will happen if the couple decides to dissolve their marriage. This can help reduce some of the stress and anxiety associated with the divorce process.

A prenuptial agreement can also be helpful for couples who have significant differences in their financial situation. For example, one spouse may have substantial assets or debts that they wish to protect in the event of a divorce or anticipate a large inheritance that might vest during the parties marriage. A prenuptial agreement can be tailored to address these differences and ensure that both partners are comfortable with the financial arrangement. A prenuptial agreement can also be used to protect the financial interests of children from previous relationships or to ensure that one spouse does not have to bear the burden of the other spouse's debts.

It is important to note that prenuptial agreements must be entered into voluntarily and in good faith. This means that both partners must have a full understanding of the terms of the agreement and the financial implications of the agreement. In New York, a prenuptial agreement must also be in writing, signed by both partners, and notarized/acknowledged. In order for a prenuptial agreement to be enforceable, it must be fair and reasonable at the time it is entered into and must not contain terms that are against public policy or blatantly unjust.

A prenuptial agreement can be a valuable tool for couples preparing for marriage and you can contact us at Mindin & Mindin for a free phone consultation to discuss your needs and financial circumstances. We can assist you in drafting or reviewing an existing agreement that provides financial protection, reduces uncertainty, and clarifies expectations regarding the couple's financial situation.

Custody Case with a Narcissistic Parent: Understanding and Addressing Narcissistic Traits in New York State Courts

Going through a custody case in New York City and dealing with a narcissistic parent can be a difficult and emotional experience. Narcissists are well known for their self-centered behavior and lack of empathy, which can make it extremely challenging to effectively co-parent and to maintain a primary focus on the best interests of the child.

It is important to expand on the general broad term of labeling someone a “narcissist” in Court. Most likely your Judge is not qualified to diagnose the other party and neither is an attorney. Focus on arguing the specific narcissistic traits of the other parent, as this can help you to prepare for and navigate the custody case to assist the Court in making a proper determination. This will help you in increasing your chances at obtaining the outcome you are looking for.

Here are a few key traits to focus on:

1. A sense of entitlement: Narcissists may believe they are entitled to special treatment and expect others to cater to their needs. This can manifest in a variety of ways, such as expecting preferential treatment in court or demanding that the child spend more time with them. They may also expect to make all the decisions regarding the child and not take into account the other parent's opinion.

2. Manipulation: Narcissists will often use manipulation tactics to get what they want and often times end up using their children as pawns. This can include playing on the child's emotions or using their custody case as a way to control or punish the other parent. They may also use their charm and charisma to sway the court in their favor.

3. Lack of boundaries: Narcissists may not respect the boundaries of their children and may invade their privacy. This can include monitoring their child's social media, reading their diary, or listening in on phone calls. They may also use their access to the child as a way to control or manipulate the other parent.

4. Lack of accountability: Narcissists may blame others for their mistakes and avoid taking responsibility for their actions. They never seem to be at fault (sound familiar?) This can make it difficult to hold them accountable for their behavior during the custody case, and they may try to shift the blame to the other parent.

5. Difficulty accepting criticism: Narcissists may react poorly to constructive feedback or criticism, and may see it as a personal attack. This can make it challenging to work towards a resolution in the custody case, as they may refuse to acknowledge their own mistakes or take responsibility for their actions.

6. Self-centeredness: Narcissists often prioritize their own needs and wants over those of their children. They may be unwilling to make sacrifices or compromises in order to ensure the well-being of the child, and may use the child as a way to gain validation and admiration from others.

It is important to document any instances of these behaviors and present them to your lawyer as evidence in court. Not every e-mail, text message or conversation is relevant so let your attorney decide what is best given your case, judge and unique set of facts. It's also important to have a strong legal representation and be prepared to advocate for your rights as a parent in court and you can contact us here at Mindin & Mindin for a free phone consultation to discuss your matter.

Ultimately, the most important thing is the well-being of your child, and the court will take this into the highest level of consideration when making a decision about custody. However, it's also crucial to be aware of the potential manipulation tactics that a narcissistic parent may use, and to be prepared to counter them. With the right preparation and support, our experienced attorneys can navigate a custody case with a narcissistic parent and work towards a resolution that is in the best interests of your child.

Not all individuals with these traits are narcissists and these traits can manifest differently on different people. For this reason, it is not proper to openly diagnose someone as a narcissist when you are in Court…leave that to the experts. However, if these traits are causing harm to your child or yourself it's important to seek help. Additionally, it's important to be aware that the court may not consider these traits as a sole reason to deny the other parent custody, but it can be used as evidence to show that the child's well-being is at risk if placed under the care of the parent with these traits.

Contact us today for a free phone consultation to discuss how we can help your family.

What can a Father seeking custody in New York State expect from the Court?

The Courts in the State of New York, both Supreme Court and Family Court primarily consider the best interests of the child in any custody determination. This means that the court will make a decision about custody based on what is believed to be in the child's best interests, rather than simply awarding custody to one parent or the other based on who earns more or based on gender. Factors that may be considered in determining the best interests of the child include the child's age, health, and emotional ties to each parent, the capacity of each parent to provide for the child's needs, and the ability of each parent to provide a stable and nurturing environment for the child.

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It is important to note that there is no presumption in favor of either the mother or the father in custody determinations in New York State. Both parents have an equal opportunity to seek custody of their children and to present evidence to the court to support their custody request. No two cases are exactly alike and specific facts and circumstances will vary and potentially affect the outcome of a case.

If you are a father seeking custody of your child in New York, call us at Law Offices of Mindin & Mindin to speak with an experienced family law attorney who can advise you on your options based on your unique circumstances and help you to present your case to the court in the most coherent and It is also a good idea to try to work with the other parent to reach a mutually satisfactory custody arrangement, if possible, as this can often be the most positive outcome for all involved, including the child. If that is not possible, or you are seeking to put your plan into writing, please contact us at 888-501-3292 for a free phone consultation regarding your New York State Custody and Visitation matter.

RELOCATION GRANTED, BUT COURT MUST SET A SPECIFIC, RATHER THAN OPEN ENDED VISITATION SCHEDULE

If you are seeking to relocate or oppose a relocation from the New York City area, please contact our office immediately for a free consultation at 888-501-3292!

A parent seeking to relocate with a child bears the burden of establishing by a preponderance of the evidence that the proposed move would be in the child's best interests. In determining whether relocation is appropriate, the court must consider a number of factors including each parent's reasons for seeking or opposing the move, the quality of the relationships between the child and the custodial and noncustodial parents, the impact of the move on the quantity and quality of the child's future contact with the noncustodial parent, the degree to which the custodial parent's and child's life may be enhanced economically, emotionally and educationally by the move, and the feasibility of preserving the relationship between the noncustodial parent and child through suitable visitation arrangements.

Here, the mother established by a preponderance of the evidence that relocating to Georgia was in the child's best interests. The mother had sound reasons for wanting to relocate, including providing the child with a better environment and increased financial stability. The Family Court's determination to credit the mother's testimony as to how the move would improve her finances is entitled to deference. As to the father's relationship with the child, who was 11 years old at the time of the hearing, the evidence demonstrated that the mother was the primary caregiver ; that the father was not involved in the child's day-to-day life, education, or healthcare ; and that the father kept in contact with the child more through phone and FaceTime calls, rather than through in-person visits, which he could continue if the child moved to Georgia. Moreover, the evidence demonstrated that the child liked the area where the mother sought to move, he had extended family in Georgia, several of the mother's family members who saw the child regularly in New York were also moving to Georgia, and the child could visit the father during school breaks. Thus, the mother demonstrated a change in circumstances warranting a full hearing on her petition, and at that hearing established by a preponderance of the evidence that the proposed relocation was in the child's best interests.

The father correctly contends, however, that the Family Court should have set a more detailed schedule for parental access and should have specified how the parties are to pay for travel associated with that schedule. As the distance between New York and Georgia will prevent the parties from continuing their current practice of spontaneous visits when the father or the child wants to visit, the court should have provided them with a specific schedule for parental access to allow them to plan their travel and visits in advance. Accordingly, we remit the matter to the Family Court, Suffolk County, to set forth, with all convenient speed, a more detailed schedule for parental access, which shall specify how the parties are to pay for the travel associated with such schedule.

Thomas v. Mobley, – NYS3d – , 2022 WL 2057827 (2nd Dep’t. 2022)

COVID VACCINE WARS IN CUSTODY BATTLES

Over the past few months we have seen an increase of heated disputes over vaccinating Children ages 5-17 as the COVID-19 vaccine becomes available and approved for younger children. Many parents can not agree on this topic and have turned to the New York courts to make that decision for them.

Recently, a NYS Court ordered that an 11 year MUST get vaccinated in a messy divorce ruling out of Monroe County. Justice Richard Dollinger sided with the pro-vax mother, despite the father’s concerns. 

“Waiting to be sure” as the father put, does not rise to a level of concern regarding the side effects of the vaccine “when the specter of a killing or incapacitating disease is swirling in the environment surrounding this young girl,” Dollinger said in his ruling.

“Scientists may never catch up to this ever evolving and elusive virus and variants.”

Attorney Leon Mindin discusses his legal opinion regarding COVID-19 vaccines for children in a November 2021 video.

Justice Dollinger ordered the mother to schedule an appointment for her daughter to get the shot immediately and  noted that the risks from the vaccine are lower than the risks that would come from the girl contracting COVID-19 — such as experiencing severe symptoms from the virus and importantly spreading it to others.

“This court is unwilling to kick this can down the road,” Dollinger wrote. “It could be years before any researchers have exacting accounts of either the short or long term consequences of the administration of this vaccine on 11-year-old girls with this child’s physiological makeup.”

This is not the first time that a judge has been asked to intervene in family disputes over the COVID-19 vaccine. In October 2021, matrimonial Judge Matthew Cooper (presiding in New York County Supreme Court) suspended a father’s visitation with his 3 year old unless he got the vaccine or had weekly negative tests.

The paramount concern when making any parental determination in which the Court substitutes its judgment for that of either parent, is the best interests of the child, under the totality of the circumstances. The Court determined that the best interests of this child are served by participating in the vaccine program. The mother wants the child vaccinated: the child agrees. So does her counsel. The father, already vaccinated, acknowledged that vaccines are important, even though he questions potential complications and side effects in its application to his youngest daughter. The child's pediatrician, selected by both parents, endorses an immediate vaccination and so did the Court.

You may access the full decision at J.F. v. D.F., Defendant., 2021 WL 5779901 (N.Y. Sup. Ct. Dec. 3, 2021)

As this issue will continue to dominate the headlines in the weeks and months to come, please feel free to reach out to our firm who has been closely following and litigating such issues for a free consultation at 888-501-3292 or click here to contact us.

Marriage Bureau Offices in NYC set to reopen!

Great news for eager lovebirds, New York City Mayor Bill de Blasio has just announced today July 15, 2021 that in-person marriages are BACK! No more waiting for a virtual appointment for months on end. People may now come to get married in person once again as the COVID-19 pandemic subsides. The Mayor did note that you must be a NYC resident in order to get married in the city.

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