Divorce Archives - Page 7 of 7 - New York Divorce Lawyer Blog

DIVISION OF A BUSINESS DURING DIVORCE

Published on: July 17, 2019 | by Rudyuk Law Firm

office-accounting
During a divorce, it is essential to keep in mind that the family business is an asset and a source of income. The parties to a divorce are entitled to divide the marital portion of the business as part of the equitable distribution of their marital assets, and the income the business earns will be considered in determining child and spousal support.

How is the value of the family business determined, then? Besides business tax returns, which do not show the full financial picture of the business, it is important to review and analyze all records. Additionally, “lifestyle analysis” is a viable option since business cash transactions are hard or almost impossible to track.

Rudyuk Law Firm, PC works in close collaboration with highly regarded professional business evaluators and forensic accountants to establish and present to the Courts a true value of the business.

Child Custody in New York

Published on: May 9, 2019 | by Rudyuk Law Firm

baby foot in hands

New York courts always determine custody based on what is in the best interest of the children. If there is no court order or a written agreement between the parties, then both parents have equal rights to physical and legal custody of the child. Where modification of existing order of custody and parental access is sought, the party seeking it must make a showing of a change in circumstances such that modification is required to protect the best interests of children. “Substantial change in circumstances” is a high standard. Courts tend not to disturb custody arrangements ordered or agreed to by the parents unless the change in circumstances is such that the child’s best interest is no longer served. The best interests of a child are determined based upon the totality of circumstances. One of many factors the courts look at is the custodial parent’s willingness to foster a meaningful relationship between the child and the noncustodial parent. Contact Rudyuk Law Firm to speak with attorney Ksenia Rudyuk for more information. 212-706-2001

Service of Divorce Summons by Email

Published on: January 7, 2019 | by Rudyuk Law Firm

Quite often I receive phone calls from people who seek a divorce but cannot locate their spouses. Such a situation is not uncommon in our immigrant community. Some people simply go back to their home countries leaving their spouses clueless of their whereabouts.

The due process clauses in the Constitution require the defendant to have notice of a legal proceeding and the right to be heard. But what if you cannot locate the Defendant? Or what if he/she is evasive of service?

In 2015, a New York court granted the plaintiff in a matrimonial case permission to serve the defendant with a divorce summons solely by sending it to him in a private message via Facebook. Since that time, the courts have permitted plaintiffs to serve papers in part through social media platforms and by email.