Daniel Clement – Law Offices of Daniel E. Clement

Tips To Make Holiday Visitation Less Stressful

Tips To Make Holiday Visitation Less Stressful http://bit.ly/2hG7y8w or divorced parents in New York, December may be a bittersweet time. While Christmas, Hanukkah, Kwanzaa and New Years are all joyful, they are also…more

Same-Sex Custody in New York: Non-Biological Mom Can Seek Custody

Same-Sex Custody in New York: Non-Biological Mom Can Seek Custody http://bit.ly/2fx9aUi Just as the definition of marriage has evolved in New York to include same-sex couples, so has the definition of family. It is now…more

How Do You Serve a Summons in a New York Divorce If You Can’t Find Your Spouse? Through Facebook?

How Do You Serve a Summons in a New York Divorce If You Can’t Find Your Spouse? Through Facebook? http://bit.ly/2hadXuW In New York, a divorce is commenced by personal service (the hand delivery) of a summons on the…more

How Do You Distribute the Marital Home In A Divorce?

One of the biggest issues facing couples in New York engaged in a divorce is what to do with the marital home. The difficulty is compounded when, as is most often is the case, the residence is encumbered by a…more

What Should I expect From My Initial Meeting With a Divorce Lawyer?

If you are coming to see me or any other divorce attorney, you are looking to change something in you marital relationship. When we first meet, I know nothing about you or your situation. You know the facts, the figures, the…more

Proof That Bad Conduct Hurts You in Your New York Divorce

Don’t bite the hand that feeds you,” particularly if you are getting divorced in New York. While that seems like common sense, some parties resort to a scorched earth strategy to divorce; they want all the marital property…more

Will Attorneys' Fees Be Granted If I Do Not Settle My New York Divorce?

If you engage in obstructionist or obstreperous conduct during a divorce in New York, you will be responsible for your spouse’s attorneys’ fees. But what if you only delay the proceedings? In a recent case, a husband was…more

Does Being the Bread Winner Trump Being Handy: Do Non-Economic Contributions Matter For Equitable Distribution in New York?

In New York, martial property is equitably distributed. Equitable distribution is premised on the notion is a partnership. So, how is property be distributed when only one of spouses is the wage earner? Do non-monetary…more

The Marital Home During Divorce: Do I Stay or Do I Go?

The Clash asked the musical question: “Should I stay or should I go?" In the divorce context, the question often is, “Should I move from the marital residence or do I tough it out and stay?” In his article "Should You…more
| Family Law

DOMA Unconstitutional: Federal Government to Recognize New York Same Sex Marriage

The United States Supreme Court in a 5-4 decision struck down the Defense of Marriage Act. DOMA defined marriage as a union between a man and a woman only. While some states, like New York, permit same sex marriage, the…more
| Constitutional Law, Family Law

Pre-Nups: You only Get One Chance To Sign in New York

Details matter! In New York, if a prenuptial agreement is not properly signed and acknowledged, it will not be enforced. Unfortunately, you generally do not learn that your pre-nuptial agreement is not enforceable until…more
| Family Law

Who Pays Child Support in New York: Who is the Non-Custodial Parent?

Time is money, at least when figuring out which parent is responsible for paying child support in New York. As a result, a wealthy parent, who has custody of the children a majority of the time, does not have to pay child…more
| Family Law

Types of Child Custody in New York

An overview of types of child custody arrangement in New York…more
| Family Law

Why Did Katie Holmes File for Divorce in New York City?

Where you filed for divorce, may impact on your legal rights. For many, there is no choice. But, when the couple has split and one party is living in New York and the other is living in another state, the decision as to where…more
| Family Law

What Happens to a Rental Apartment When a Couple Divorces?

For many New Yorkers, one of the issues they first consider when contemplating a divorce is what will happen to my rental apartment when we divorce? The issue is particularly acute when the apartment is a rare New York City…more
| Family Law
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