Family Law & Divorce Blogs | Family Law Attorneys

Knowing how to prepare for divorce financially amidst all the emotional turmoil is challenging for most people. You want to protect your assets, ensure a...

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The Court Process in Upstate NY

By Vanessa Sanders One of the most common questions family law and matrimonial clients ask is whether they will have to go to court, and...

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Common Myths About Divorce in New York — And the Truth Behind Them

Divorce is one of the most misunderstood areas of the law. Many people enter the process relying on misinformation from friends, family or the internet,...

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Parenting Time During Summer Vacations

Navigating parenting time during the summer presents unique challenges for co-parents. The summer naturally includes longer stretches of time, travel opportunities, camps, and shifting routines...

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How Does Adultery Affect the Divorce Process in New York?

Anyone seeking a divorce must explain the reason for their marriage dissolution. In New York, infidelity can be grounds for a divorce, though as of...

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What If I Can’t Afford a Divorce?

Ending a marriage with a divorce is an extremely difficult and personal decision for a person to make. There are a lifetime’s worth of emotional...

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Your Options When Dealing With A Harassing Spouse or Ex-Spouse

Given the mental and physical toll of divorce, it is not unusual for one parent to start harassing the other (or even the children) over...

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The Cost of Divorce in New York

Going through a divorce is difficult, and is often so in a myriad of ways for each person involved. Divorce is stressful and results in...

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Custody & The Holidays

Navigating custody arrangements, particularly during the holiday season, is one of the most sensitive challenges co-parents can face. If you are not careful and do...

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A Different Kind of Battle: Special Considerations for Retired Military Members Under the Uniformed Services Former Spouses’ Protection Act (USFSPA)

By: Brooke Tuttle, ESQ. For military members and veterans, the Uniformed Services Former Spouses’ Protection Act (USFSPA) is a federal act that protects the non-military...

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Special Considerations in High Net Worth Divorces in New York State

By: Emily Kortright, Esq. Though divorces are almost always emotionally high stakes, high-asset divorces can be financially and logistically strenuous in addition. For this reason,...

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Divorce and the LGBTQIA+ Family: Legal Rights, Emotional Realities, and Important Parenting Considerations

Exploring the legal and emotional complexities of ending a marriage in an evolving LGBTQIA+ landscape. By: Marissa C. Winch, Esq. Although the right for same-sex...

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Mental Health And Custody

Being a parent can be hard, and sometimes we need help navigating life’s challenges. Many parents have made the right decision to seek the services...

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Can I Date Other People Before My Divorce Is Final?

If you have recently filed for divorce, especially after a long separation, you may want to know if you can date other people before the...

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Special Considerations in New York State Divorces Involving Children With Autism

The steady increase of children being diagnosed with Autism Spectrum Disorder (ASD) has resulted in the unique needs of those families impacted playing a more...

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Who Gets the Dog? Determining Pet Ownership in New York State Divorce

By: Emily Kortright, Esq. As we approach National Pet Day 2025, the Colwell Law Group recognizes that many of our clients have emotional bonds to...

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What Is A No Signature Required Divorce in New York?

It is a fair assumption to think that a divorce requires two people’s consent. Typically, the person filing for divorce must formally serve their spouse...

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Is it a Good Idea to Represent Myself in a Divorce?

Due to the complex nature of family law, it is generally not considered a good idea to represent yourself in a divorce. Even relatively minor...

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What is Post-Divorce Maintenance?

Spousal maintenance (more commonly known as alimony or spousal support) is a series of financial payments made between two people after their divorce has been...

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What If I Can’t Afford a Lawyer for a Divorce?

The process of navigating a divorce is not only an emotional but also a financial decision. There is a lot of stake in a divorce,...

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What Is a Conversion Divorce?

If you or your close friends or family have considered a divorce, you may know that many emotional and financial strains come with the procedure....

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Is It a Good Idea To Represent Myself in My Divorce?

Along with the emotional toll that results from breaking off a marriage, the divorce process can be lengthy and complicated for spouses trying to navigate...

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What is the Time Frame for Responding to Divorce in New York?

The divorce process begins when a spouse files a complaint with The Supreme Court of the State of New York to initiate the proceeding. When...

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How Can I Speed Up the Divorce Process in New York?

When a family goes through a divorce, the process can have a devastating emotional impact on parents and children. The time it takes to complete...

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What is a Withdrawn Divorce?

Almost half of first marriages end in divorce, costing the couple an average of $7,000. However, there are cases where one initiates a divorce but...

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How Do I Provide Proof of Residency During Divorce in New York?

Deciding to file for divorce is stressful, and not everyone plans for it. When you want to file for divorce in the state of New...

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How Should a Woman Prepare for Divorce?

Even if you and your spouse both agree that going your separate ways is the best decision, getting ready for divorce proceedings can be complicated...

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Child Custody After the Death of a Parent

Few situations are more devastating than the parent of a minor child prematurely passing away. On top of the emotional trauma this situation can cause...

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How Is Child Custody Determined in New York?

In most states, including New York, Courts consider the best interests of the child when making a custody determination. There is no prima facie or...

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Can I Force My Spouse To Leave My House in New York?

Divorce can be an emotionally challenging and complicated process. One of the most significant concerns that can arise during this time is often related to...

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How Do Insurance Coverages Change With Divorce in New York?

Going through a divorce can be a confusing and draining process for all parties involved. Handling different types of insurance throughout this transition can pose...

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The Colwell Law Group Named a 2023 Law Firm 500 Honoree

At The Colwell Law Group, our continuous growth and commitment to our clients have propelled us on an exceptional journey these last four years. We...

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Can You Change a Child’s Last Name in a Divorce?

There are numerous legal matters to address when going through a divorce, especially when children are involved. One common question is whether it is possible...

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Are COVID-19 Vaccination Beliefs Creating Legal Conflicts?

Vaccination is often a contentious matter. Some choose to receive vaccines, while others choose not to. For parents that are divorcing that have opposing viewpoints...

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Custody of Pets and Animals During Divorce

Courts in New York State are responsible for considering the ownership and monetary value of goods and assets in the home during divorce proceedings. In...

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Important Questions to Ask Your Divorce Lawyer

The divorce process can be incredibly overwhelming. It may be difficult to determine a starting point, especially if you do not know what the law...

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What to Do When Only One Spouse Wants a Divorce

In most divorces, both parties agree that the relationship is over. Divorces will not be granted until an agreement or a court resolution of questions...

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How To Cope with Losing Custody of Your Child

The agony of losing custody of a child is something no parent should endure. Parents often find themselves in this tragic situation, and it can...

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Fear of Catching COVID-19 During a Divorce Hearing

Although the most intense period of COVID-19 is hopefully behind us, the fear of contracting this virus still exists, and it can affect court proceedings,...

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Gestational Surrogacy Ban is Lifted in New York

Traditional views of family are evolving to keep pace with technologies and the changing legal and social landscape. Prior to assisted reproductive technologies, it was...

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Determining Child Custody During COVID-19

The outbreak of coronavirus – or COVID-19 – has affected nearly every facet of American life. Unfortunately, that includes the ability of divorced or separated...

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What Impact Will Coronavirus Have on Domestic Violence Cases?

If you are experiencing domestic violence in your home, you still have access to the courts for help even in a time when the coronavirus pandemic is...

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Tips for Co-Parenting during COVID-19

At The Colwell Law Group our attorneys understand that the outbreak of COVID-19 has created a challenging time for all families. Each day disruptions both...

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10 Common Divorce Mistakes & Myths Related To Divorce In Albany

Albany family law attorneys will tell you that most divorce cases settle and that only five percent proceed to trial. They will also tell you...

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Child Visitation Overview & Tips For Success

Albany courts use the “best interests of the child” standard in making decisions about child visitation and custody. Under this standard, the interests of...

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Property Distribution NY

How to Divide Property Equitably in a Divorce—What the Court Considers Deciding what to do about the marital home is just one aspect of the...

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Prenuptial Agreement NY

Is a Prenup the Right Thing for You? Unfortunately, there are a lot of misconceptions and misunderstandings about prenuptial agreements. For many couples, prenups can...

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Divorce Finances

Financially Preparing for a Divorce A divorce is one of the most emotional events a person will go through. It’s also one of the most...

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Spousal Support Lawyer

Figuring Out Spousal Support in a Divorce —How It Works and How to Secure the Support You Need Once you’ve ironed out equitable distribution of...

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Grandparents’ Visitation Rights

At the Colwell Law Group, we regularly hear from grandparents who are being denied visitation with their grandchildren. They are very upset, and they want...

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Father’s Legal Rights to Child

What are My Rights as a Father? New York law regarding fathers’ rights has changed dramatically. Not too long ago, judges automatically gave mothers custody...

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Child Custody Agreement

Types of Custody in New York When a couple with children separate, several decisions must be made regarding the welfare of the children. One of...

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Child Support Agreement

Understanding Child Support in the Context of Divorce Here in New York, the process of calculating spousal support and maintenance in a divorce can be...

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How to Cope With Divorce in New York

How to Tell Your Family You're Getting a Divorce in New York Ending a marriage takes an emotional toll on spouses who must address New...

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How to Get a Divorce in NY

What’s Best for Your Children? A Guide to Help Parents Going Through a Separation or Divorce Going through a divorce or separation can be one...

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Divorce Process in NY

Speeding Up the Divorce Process in NY When New York residents start considering the idea of divorce, a lot of questions will cross their minds....

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Visitation During Holidays

The holidays are almost upon us again, which means both custodial and non-custodial parents must figure out a visitation schedule that works for the entire...

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2018 Law Firm 500 Honoree

The Colwell Law Group, LLC is named a 2018 Law Firm 500 Honoree for Fastest Growing Law Firms in the U.S. Over the past 3-years,...

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Qualified Domestic Relations Order

As part of a divorce, a New York judge will need to divide the assets a couple has accumulated while married. These assets can include...

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Implications of the New Tax Law on New York Spousal Support

It may only be September, but anyone considering or going through a divorce in New York should be very attentive regarding the countdown to December...

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Resources for Divorce in Abusive Relationships

Abuse is unfortunately all too common in marriages. According to statistics, 25% of women and 16% of men will experienced serious physical violence in an...

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How to Deal with Abuse Allegations

Divorce can get ugly. Not only are husband and wives scrambling to obtain child custody and marital property, but many are giving vent to frustration...

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Understanding Parenting Plan Modifications

A parenting plan is a legally enforceable agreement that outlines each parent's rights and responsibilities. It should also resolve some logistical issues and set out...

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How Domestic Violence Impacts Divorce

Unfortunately, domestic violence remains a serious problem in our region. According to data collected and published by the National Coalition Against Domestic Violence (NCADV), state...

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Parenting Schedules During the Holidays

After a divorce, child custody can get complicated. Even if there is a parenting plan outlined in the divorce decree, things can get tricky during...

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Restraining Orders and Family Law

When domestic violence is present in a relationship, or threats of violence have been made, a restraining order may be necessary to protect all parties...

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Getting an Annulment in New York

A marriage can end one of two ways: divorce or annulment. While divorce dissolves a legal marriage, an annulment retroactively determines the marriage was void...

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The Pros and Cons of Co-Parenting

While marriage is supposed to be the cord linking two souls, sometimes the cord needs to be cut. It's not uncommon to see couples, even...

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How Will a Restraining Order Affect My Divorce?

A divorce is stressful even under the best of circumstances. But when there has been domestic violence within the family, the affected spouse may not...

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Recognizing Domestic Violence

Domestic violence happens everyday in the Albany area. Unfortunately, we often do not see the signs that a family member, friend, or neighbor is the...

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Accessing My Child’s Medical Records

Fathers who share child custody with their exes but don't have physical custody may find that their parental rights are challenged from time to time....

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Our Beliefs in Family Law Litigation

Family law is probably the most sensitive type of law that any lawyer can practice. That's because human hearts are on the line. The positions...

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Baby Left On Steps of New York Firehouse

Firefighters in Long Island found a 3-pound, 13-ounce baby girl outside their firehouse last month on Thanksgiving day. The girl has since captured the attention...

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How Millennials are Changing Marriage

Looking back at marriage over the last 50 years, it is easy to see how the institution has changed. For example, it is no longer...

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Child Abuse in New York

Every state, including New York, has a child protective services division in charge of investigating suspected instances of child abuse by a parent or guardian...

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Three Tips for Better Co-Parenting

The aftermath of a divorce is never clean-cut, simple or easy. Everyone in the family experiences drastic changes, particularly children. One of the best ways...

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Common Reasons for Annulling a Marriage

Annulment of a marriage, in many ways, is not very different from divorce. For example, an annulment is a court decision that dissolves a marriage....

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West Seneca Mother Receives Adoption Award

An adoptive parent and provider of therapeutic foster care from West Seneca have been honored with a prestigious national award for her contribution to her...

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Brad Pitt and Child Abuse Allegations

In recent days, national attention has been focused on an anonymous report of child abuse against Brad Pitt. This lead me to consider, what if...

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Johnny Depp Accused of Stalling Divorce with Amber Heard

Amber Heard has brought forward new allegations against Johnny Depp in the couple's divorce proceedings. Specifically, she says that Depp is purposefully stalling the divorce...

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Direct Versus Indirect Parental Interference

When people with children are going through a divorce, they hope and likely anticipate that they will be able to co-parent amicably with their spouse....

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Can a relocating parent obtain child custody after a divorce?

Although a joint custody arrangement might encourage co-parenting, that’s not always the case. Physical custody arrangements might make it harder for one parent to stay...

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