There was a time when prenuptial agreements were treated very cautiously by the courts and it was difficult to enforce them. The courts took the attitude that prenuptial agreements encouraged divorce, and that this was against the public policy of encouraging marriage. Times have changed, and now prenuptial agreements are more common and are normally enforced by courts. Many states even have statutory provisions governing prenuptial agreements. However, there are many circumstances when a prenuptial agreement may not be enforced. These circumstances are as follows: 1. If there was duress or coercion used to get one party to sign the [Read More …]
Prenuptial agreements, or “prenups” may seem like a modern legal creation, but they actually have existed in some societies for thousands of years. A prenuptial agreement is any contract or arrangement that a couple makes before they are officially married. But, the role and form that these agreements have taken in the United States have changed as our culture’s and legal system’s views of divorce, women’s rights, and fairness have changed. Ancient Roots One of the oldest prenuptial agreements ever found was a 2,000-year-old Hebrew marriage contract. Scholars have found legal agreements that can fairly be described as prenuptial agreements [Read More …]
The only thing Hollywood loves more than two beautiful people getting married is to watch as seemingly perfect couples fall apart. Because celebrity marriages are notoriously turbulent and there is so much money involved, it’s no surprise that celebrities have some of the strangest and most interesting prenup clauses around. Here are some the best celebrity prenup stories. Cheating Clauses One of the most common clauses in a celebrity prenup is that “cheating clause”. This clause awards one spouse money if their divorce after one spouse was caught cheating. These are so common, it’s a wonder that any celebrity ever [Read More …]
Actor Terrence Howard’s divorce made headlines not only for his celebrity, but for the contentious and
scandalous details of his divorce agreement. Claiming he was coerced into
signing an agreement that promised his ex-wife an exorbitant amount of
money to be paid in spousal support, Howard claimed to be under duress
when he agree to pay such a generous amount for spousal support. His lawyer
asserted that he feared she would leak embarrassing information about
him if he refused to pay what she requested, which is why he so readily
agreed to share his lucrative earnings post-divorce.
Situations like this are all too common. While most people aren’t
requesting $5,800 a month like Howard’s ex-wife, there are certainly
many situations in which people are being blatantly manipulated, threatened,
or coerced into agreeing to a divorce agreement that they otherwise would
not have. This is known as duress during divorce, and if the court finds
it to be true, the divorce agreement in question could be rendered invalid.
If agreements are made under the threat of financial, physical, or personal
harm, they are not necessarily binding in a court of law and can be reopened
Contact Our New York Divorce Lawyers Today
Divorces are contentious in nature, but they shouldn’t be deliberately unfair.
If you feel you are being forced into a divorce agreement that is blatantly
one-sided and unfair to you, our New York lawyers refuse to allow that
to happen. At Eiges & Orgel, PLLC, we are committed to advocating for those who feel they have no voice
in their impending divorce. If you believe you entered a divorce agreement
under duress, we want to help. Our legal team is dedicated to pursuing
justice because we feel no one should have to subscribe to a way of life
when they don’t want to.
Divorce is an immense emotional undertaking, but it is also an intense legal minefield
as well. Divorce lawyers spend their careers learning the intricacies
of family law and what it takes to best represent a client and effectively
protect his or her interests. Trying to attempt this on your own might
seem alluring, given the legal costs you believe you will save, but making
this mistake can actually end up costing you more in the long run. To
simplify the process and ensure that it goes more smoothly, it is important
to reach out to an experienced legal professional. With the right representation
on your side, you can achieve the best possible outcome for your divorce,
rather than fumbling with the law.
Still not convinced? Consider the following reasons before making any decisions
regarding whether or not you should begin the divorce process without a lawyer:
Divorce can be complicated: Divorce is not just about ending a marriage.
It involves several facets such as custody issues, property and asset
division, marital estate and support matters, prenuptial and postnuptial
agreements, and protection from abuse litigation. Each one of these can
carry a host of problems and emotional distress, but together, they can
amount to an insurmountable obstacle. A lawyer can look at your situation
with a level head and help you understand the legal system and your options.
He or she will also be able to resolve your case through skilled negotiations
or, if necessary, aggressive litigation, to help obtain the results you need.
You are going through a high-asset divorce: Ultimately, all divorces are
the same – you and your spouse will no longer be together at the
end of this process. However, the path to this end is not always the same,
especially in high-asset divorce cases. These types of cases can be exponentially
more complex and often require an attorney with years of experience, financial
expertise, and extensive negotiation skills. A high-asset divorce often
involves real estate, expensive personal property, business and professional
practices, stock options, cars and boats, jewelry, and other pricey collectibles.
A lawyer will assess the full scope of your marital estate, enabling all
parties to work toward a fair division of assets and debts.
You are emotionally invested: It is nearly impossible for spouses to take
a completely level-headed approach to divorce, devoid of the emotions
that led them to the moment of separation. There is nothing wrong with
being emotionally invested or upset. In fact, it is only natural. That
said, it also means diving into the process of a divorce on your own,
without legal assistance, can result in some irreversible mistakes. A
lawyer will have the clarity and emotional stability that you are lacking
on these personal matters. This is the time to have a professional and
experienced individual take care of the details.
Avoid delays and costly mistakes: Divorce can be a time-consuming and arduous
process for those unfamiliar with the law. Unless you are a lawyer, the
fact is that you will likely end up scrambling for answers while trying
to figure out what steps to take next. Ask yourself how much your time
is worth. Having to go through the trial and error of ending your marriage
will only inflict more stress on your life than you area already enduring.
These missteps can also cost you. If you forget to mention medical issues,
credit card debt, or misjudge the value of an asset, this might harm you
in court. Having an attorney prepare and file the paperwork can assure
that any and all necessary information is provided, which can also speed
up the process. In the end, this is about trying to start a new life,
so why not do everything possible to move forward and put the past behind you?
Lack of spousal communication: Spousal communication is often damaged or
non-existent by the time divorce proceedings begin, making it difficult
to move along the process in a timely manner. The cooperation and involvement
of both spouses is necessary for a more efficient divorce and, if you
and your soon-to-be ex are not on speaking terms, a lawyer will bridge
those gaps and coordinate the logistics for you.
New York City Divorce Attorney
If you have made the decision to end your marriage, now is the time to
seek the legal assistance of a skilled and experienced New York divorce
attorney. At Eiges & Orgel, PLLC, we have been effectively assisting
clients for more than three decades, successfully resolving over 3,000
cases. Whether your divorce is contested or uncontested, our attorneys
can help you through all aspects of the process.
For all of your divorce and family law matters, you can confidently turn
to an associate at our firm to help you navigate the legal process.
Call us today at (347) 848-1850 to schedule a consultation with a trusted member of our legal team. Our
firm is open on Saturdays by request.
New York’s Administration for Children’s Services was created
to protect kids from the abuse or neglect of their families. However,
there has been a disturbing trend in Children’s Services that allows
them to take kids away from their parents on the grounds the child’s
safety is at risk without sufficient evidence to prove such an assertion.
This trend has been a particular problem in poorer neighborhoods.
The agency’s requests for removals filed in family court rose about
40% in the first quarter of 2017 compared to the year before, according
to statistics obtained by The New York Times. When interviewed, dozens of lawyers working on these cases say the removals
typically target parents who have few resources. The parents who are usually
punished for “poor parenting” are poor black or Hispanic women.
The practice has led to some calling it “Jane Crow,” in a
historical reference to the racist Jim Crow laws enforcing racial segregation
in the South.
In one case of Jane Crow targeting, a woman, Maisha Joefield, who was taking
a bath after she had put her daughter to bed, came out of the bathroom
to an empty home. Ms. Joefield’s daughter had gone across the street
to her great-grandmother’s apartment. However, the police became
involved. Law enforcement, instead of listening to Ms. Joefield’s
story, automatically removed Deja from her apartment and Children’s
Services placed her into foster care. Ms. Joefield was then charged with
endangering the welfare of a child.
Lawyers who oversee these cases also understand that the same kind of mistake
made by a woman in a richer neighborhood wouldn’t result in the
same type of punishment. When interviewed about the situation, a lawyer
at Brooklyn Defender Services, Scott Hechinger, said the following about
the double standard: “Society both infantilizes them [poor mothers]
and holds them to superhuman standards.”
Family law attorneys who represent the victims of this type of double standard
find the removals tend to happen after high-profile failures in the Children’s
Services systems. For example, last December, two children who were both
being monitored by the agency were beaten to death in separate incidents.
Early this year, as seeming response, 300 emergency removals happened
in January and February.
Ms. Joefield was eventually released from jail, and her daughter was returned
to her 4 days after her court hearing; however, the case stayed open for
a year, and Ms. Joefield had to take parenting classes and endure caseworkers
stopping by her home to check her cupboards for sufficient food supplies
and her daughter for any bruises.
While some cases of removal are needed, even short-term removals for circumstances
that make no logical sense can have a lasting effect on the development
of vulnerable children. Even a brief stay in foster care can be terrifying
for a child and can upset family life. Mrs. Joefield, who was by all accounts
an excellent mother, was put on a state registry of child abusers for
years. This registry prevented her from working with kids, which, as a
former day care worker, was a terrible strike to her employment.
Likewise, the threat of Children’s Services has been used as a weapon
by landlords who want immediate payment from lower paying tenants. In
one case, a woman named Bernadette Charles complained to 311 about the
condition in which she and her family were living in. Water damage affected
the ceilings and ruined their furniture, large rats were taking over the
kitchen, and she had found black mold in the bathroom. The landlord found
out about her complaint and punished her by calling Children’s Services.
An agency worker arrived 4 days later, cited unsafe conditions, and took
Ms. Charles’s children away.
Read more about these cases on The New York Times website here. If you’re being targeted by Children’s Services, don’t
hesitate to protect yourself and your family from needless persecution.
Talk to one of our skilled New York family law attorneys at Eiges & Orgel, PLLC. We have more than 40 years of legal experience to offer your case. Let
us see how we can use our expertise to help you.
Contact us at (347) 848-1850 or fill out our online form to schedule a consultation
with us today.
We at Eiges & Orgel, PLLC are thrilled to announce our very own Attorney
Scott I. Orgel has been named one of NAFLA’s Top 10 Family Law Attorneys Under 40 for the state of New York! This incredible accomplishment
is established by the National Academy of Family Law Attorneys, an organization devoted to finding the premier family law attorneys in
the United States. Less than 1% of practicing attorneys are selected to
this prestigious list, after undergoing a very strict vetting process.
Thanks to his inspiring knowledge, skill, experience, and success in the
field of family law, Attorney Orgel leads our firm with this amazing accomplishment.
We are proud to work alongside such a highly-esteemed family lawyer who
has one interest in mind: his clients’ satisfaction.
The following criteria are evaluated when selecting winners of this award:
Client and peer review
A minimum of 5 years’ experience in family law
Nomination by a licensed, practicing attorney
Legal awards and accomplishments
Publishing, such as books or scholarly articles
Contact Us for Family Law
No matter your family law concerns, our legal team at Eiges & Orgel,
PLLC has the means, resources, and energy necessary to advocate for you.
Our family law attorneys are dedicated to fighting on your behalf, in
the hopes of delivering you the results you deserve. We refuse to back
down from any challenges of complexities of your case, as it is our staunch
determination and desire to succeed which has helped us prosper and win
for our clients for over 40 years.
To speak to a representative of our firm today, please don’t hesitate to contact us by calling (347) 848-1850.
Divorce is a difficult experience for spouses to endure and, if you think you
are having a hard time coping with it, imagine what your children might
be going through. Even the most amicable divorce will present some hardships
for children and, regardless if they are exhibiting signs of an emotional
struggle or not, your children are likely having some difficulties with
processing this new information and the uncertainty attached to it. Of
course, given the fact that no two children are alike, they will understandably
cope differently with a divorce. Some might show more aggression and anger
than usual, while others might cry or appear to be more sensitive. However,
your child is reacting, if you are unsure whether or not to seek therapy
for your children, it is best to err on the side of caution and take them
to a therapist.
To further assist you in making this decision, here are some general hints
that your children might need or benefit from therapy:
Trusted friends, family members, or other individuals who are regularly
part of your child’s life have expressed concern
You often feel angry, exhausted, or disappointed with your child
Your child’s behavior or symptoms are interfering with the normal
functions of your family
Your child’s behavior or symptoms interfere with his or her usual functions
Your child asks to see a therapist (rare, but not impossible)
Here are some more specific symptoms that might suggest your children need therapy:
Lack of appetite or difficulty sleeping, neither of which are medical related
Excessive difficulties coping with the separation
A persistent sad and melancholic mood
Physical complaints that are not linked to a distinguishable cause
Loss of interest in friends or trouble getting along with peers
Deterioration in school performance
Inability to concentrate
Unrealistic fears and phobias
Excessive weight loss or gain that is unrelated to a medical condition
Many of these signs are on the more extreme side of the spectrum, but if
you recognize any of these in your children, you will want to consider
taking him or her to a therapist. Your divorce is never going to be a
pleasant memory for your children and it is okay to acknowledge that it
is a sad event, but it is important to ensure it does not become a turning
point in their lives towards negative and self-destructive behavior.
New York City Divorce Attorney
Deciding to end a marriage is not an easy thing, but it is sometimes necessary. At Eiges & Orgel, PLLC, we can provide the skilled and experienced legal services you will need
during this emotionally challenging time for your family. Our firm has
effectively assisted clients with the legal termination of their marriages
for more than three decades and would be honored to do the same for you.
Speak with an attorney today and contact us at (347) 848-1850. We are open on Saturdays.
Matt Hale, a shared parenting activist for the National Parents Organization, was instrumental in helping push through new shared parenting legislation in Kentucky by advocating for more than four years for the law at local Town Hall meetings. Hale discusses what he learned from the process and explains how other parents can get involved in the shared parenting movement.
Contact Matt Hale: email@example.com
Kentucky Shared Parenting Law Shows Power Of Grassroots Activism: https://dadsdivorce.com/articles/kentucky-shared-parenting-law-shows-power-grassroots-activism/
Dr. Deborah Hecker, a divorce and relationship counselor, explains why it is difficult to find an identity separate from your spouse after divorce and gives tips to help guys rediscover themselves in the wake of a breakup.
Cultivating Lasting Happiness After Divorce: https://dadsdivorce.com/articles/cultivating-lasting-happiness-divorce/