PM Law PC PM Law PC 2026-11-14T15:07:20Z https://www.pmlawpcny.com/feed/atom/ WordPress /wp-content/uploads/sites/1103396/2023/10/cropped-PMLawPC-Logo_Red_Blue-site-icon-32x32.png On Behalf of PM Law PC <![CDATA[3 times to consider modifying a custody order]]> https://www.pmlawpcny.com/?p=257161 2026-11-14T15:07:20Z 2026-11-14T15:07:20Z 1. Consistent non-compliance One of the most common reasons for families to go back to court in pursuit of a custody modification is one parent's inability or unwillingness to uphold the order as written. Maybe they don't show up for their parenting time, or perhaps they refuse to grant the other the time they should have with the children. Such scenarios interfere with parent-child bonds and can affect what courts view as in the best interests of the child.

2. Changes in schedules

Maybe one parent finds a first-shift job after years of working second shift. Maybe teenagers have started sports or part-time jobs. When there are significant changes in the schedules of family members, a judge may agree to change the division of parenting time to better reflect current family circumstances.

3. A proposed relocation

As life moves on after a divorce or break-up, parents may want to move to a new home. A move that might alter the custody schedule due to increased travel times may require court approval or at least an adjustment of the custody exchange schedule. Working with an attorney can help parents recognize when custody modifications are potentially necessary. Life evolves over time, and sometimes custody orders need to evolve as a result.]]> On Behalf of PM Law PC <![CDATA[Job loss may affect an immigrant’s status]]> https://www.pmlawpcny.com/?p=257147 2026-10-25T13:23:47Z 2026-10-29T13:22:51Z There may be options available Most immigrants who qualify for work visas have skills and educations that domestic companies find valuable. They can frequently seek alternate employment with another company that can offer them similar work. Most employment visas allow for a 60-day grace period after a sudden termination. If workers find new jobs within that time, they can remain in the United States and secure a visa related to their new job. While there have been efforts to change that rule, most workers with employment visas currently have roughly two months after losing a job to find a new position elsewhere and secure a replacement visa. There may be other options as well, depending on how long the immigrant has been in the United States and other important details. Seeking help as soon as possible after a job loss endangers an immigrant’s legal status is of the utmost importance. Those who act promptly can often continue their lawful presence in the United States instead of immediately needing to return to their countries of origin.]]> On Behalf of PM Law PC <![CDATA[Is bankruptcy the only way to prevent foreclosure?]]> https://www.pmlawpcny.com/?p=257145 2026-10-25T13:09:02Z 2026-10-25T13:09:02Z Lenders make errors In some cases, the lender attempting to foreclose on the property may not have adhere to keep federal and state regulations. Failing to file appropriate paperwork and provide formal notice to the homeowner could provide grounds to defend against the foreclosure. Even accounting errors internally at a mortgage company can influence whether or not foreclosure is currently an option. An attorney can help homeowners review their records for signs of technical errors by a lender.

Mortgages are adjustable

In some cases, the best foreclosure defense involves adjusting the mortgage. Making changes to the terms of the mortgage can help the homeowner bring the account back into good standing and keep the mortgage current in the future. For those who may not qualify for a modification or who have not experienced lender mistakes during the foreclosure process, bankruptcy is often the best solution available. In fact, bankruptcy can be helpful even in cases where other foreclosure defense options exist. Exploring different solutions as early as possible is important for homeowners facing foreclosure. Legal guidance from a foreclosure defense and bankruptcy attorney can prove invaluable to those at risk of losing their primary residences to foreclosure.]]> On Behalf of PM Law PC <![CDATA[3 common foreclosure defense strategies]]> https://www.pmlawpcny.com/?p=257143 2026-10-19T17:30:16Z 2026-10-24T17:28:08Z 1. Requesting a modification Mortgage lenders can agree to execute new paperwork to change the terms of a mortgage. They can increase the repayment timeline, which may decrease monthly payments. They may allow borrowers to lock in lower interest rates. They may even agree to the repayment of missed mortgage payments at the end of the mortgage instead of immediately. Those changes can make the mortgage more sustainable for the homeowner.

2. Highlighting procedural errors

Lenders must provide advance notice of the foreclosure attempt and must follow very strict guidelines throughout the process. In scenarios where accounting or communication errors arise, property owners can potentially defend against foreclosure by pointing out the technical errors made by the mortgage lender.

3. Filing for bankruptcy

Bankruptcy can temporarily halt foreclosure through an automatic stay. Eliminating certain debts can make it easier to keep a mortgage current, and lenders may have more reason to modify a mortgage during the bankruptcy process than after an informal request by the borrower. Reviewing potential foreclosure proceedings and financial records with a skilled legal team can help people determine the best strategy for protecting what may be people’s most valuable asset. An attorney can help those facing foreclosure evaluate their options and take necessary steps to protect their home equity.  ]]> On Behalf of PM Law PC <![CDATA[Potential pros and cons of a no-fault divorce filing]]> https://www.pmlawpcny.com/?p=257141 2026-10-19T17:22:35Z 2026-10-19T17:22:35Z fault-based and no-fault divorces. Many people opt for no-fault divorces even when they could file a fault-based divorce. Understanding the pros and cons of no-fault proceedings can help spouses decide what avenue to follow.

The benefits of no-fault divorce

During a no-fault divorce, the filing spouse does not need to worry about the responding spouse preventing the divorce. They do not need to prove that there was any specific issue with the relationship to qualify for a divorce. The process is often much faster than a fault-based divorce, which may make it more cost-effective. Conflict levels may be lower because spouses do not have to submit evidence about what caused the breakdown of the marital relationship. No-fault divorces offer a streamlined process that focuses on the practical aspects of divorce instead of the emotional issues that led to the filing.

The drawbacks of no-fault cases

The primary concern with no-fault divorce is the lack of judicial consideration for marital misconduct. People make feel as though the courts deny them justice because judges generally don't consider marital misconduct when making important decisions about the divorce. With exceptions for extreme issues, such as domestic violence and the dissipation of marital assets, bad behavior during marriage rarely affects divorce outcomes. Additionally, no-fault divorce can give people an artificial sense of complacency, and they may agree to unfavorable terms simply to move the process ahead is quickly as possible. Regardless of what type of divorce one spouse wants to pursue, they may need to discuss their concerns with a New York divorce lawyer. Having a plan in advance can make it easier to manage what can be a very stressful process.]]> On Behalf of PM Law PC <![CDATA[What if divorcing spouses don’t agree on what a home is worth?]]> https://www.pmlawpcny.com/?p=257139 2026-10-03T19:21:23Z 2026-10-05T19:18:38Z Professional guidance may be necessary The amount originally paid for the property is not necessarily its current fair market value. The longer the spouses have been in the home in the more the local market has changed in subsequent years, the greater the difference between the amount paid and the current value of the home. Spouses sometimes work with a real estate agent to estimate a potential listing value for the home. However, personal priorities can color the value estimated by a real estate agent. If one of the spouses wants to stay in the home and pay the other spouse for their portion of it, the estimate might skew toward the lower end, while those seeking a payout might push for the highest possible value. Spouses often need a neutral professional, such as an appraiser, to evaluate the home and compare it to similar properties that recently sold in the area. In high-conflict cases, both spouses may obtain an appraisal. Knowing what key assets are worth is an important component of the property division process. Spouses facing disputes about asset valuation and distribution benefit from having legal and other professional guidance to help ensure that they obtain a fair outcome in the divorce.]]> On Behalf of PM Law PC <![CDATA[Why grandparents adopt grandchildren with living parents]]> https://www.pmlawpcny.com/?p=257137 2026-10-03T18:59:18Z 2026-10-03T18:59:18Z Parents facing serious issues Numerous challenges can interfere with a parent's ability to care for their children. Severe medical issues, especially chronic and progressive conditions, can render parents unable to meet the needs of their children and may necessitate a grandparent adoption. Grandparents frequently adopt their grandchildren when the state terminates parental rights or a parent must serve a sentence in state custody. In such cases, the state generally prioritizes kinship placement where children stay with members of their extended family instead of strangers through the foster system. Grandparents also sometimes take responsibility in cases where substance abuse or abusive relationships put grandchildren at risk. Parents who cannot improve their circumstances may recognize that they need support to care for their children. Other times, the state may agree to terminate parental rights in response to clear evidence that a parent is not in a position to meet the needs of their children. Learning more about grandparents’ rights and kinship adoptions can be helpful for those facing complex family circumstances. Grandparent adoptions are sometimes the best solution available to families in challenging situations.]]> On Behalf of PM Law PC <![CDATA[What is the benefit of Chapter 13 bankruptcy?]]> https://www.pmlawpcny.com/?p=257132 2026-09-18T23:11:43Z 2026-09-21T23:09:01Z When many people think of bankruptcy and the benefits that it brings, they are actually thinking of Chapter 7 bankruptcy. This is liquidation bankruptcy, where you liquidate non-exempt assets. The money that is earned from this liquidation is then used to pay off a portion of your debt, and you can have remaining financial obligations waived. The bankruptcy eliminates your debt and gives you a fresh start. With Chapter 13 bankruptcy, however, you do not have to sell any assets. Instead, the court looks at your disposable income, consolidates your debt into a single account and sets up a repayment plan. Over the next three to five years, you will make monthly payments that will slowly pay off the debt that you owe.

Giving yourself more time

People sometimes do wonder why they would file for bankruptcy if they are still going to be responsible for the debt. If you are still making payments, is there actually a benefit? There are some significant benefits to Chapter 13, however -- starting with the fact that the repayment plan gives you more time to address the debt. You may not have been able to afford paying everything at once, but you can afford it over the next five years. Spreading those obligations out allows you to budget appropriately. Moreover, the Chapter 13 bankruptcy filing can make your monthly payments affordable. The court will want to look at your disposable income, so you should theoretically be ordered to pay an amount that actually fits within your budget. This can help to relieve a lot of the immediate financial strain and stress that you are feeling. Whether you are interested in Chapter 13 bankruptcy or Chapter 7, it is important to know how they work and what legal steps to take.]]> On Behalf of PM Law PC <![CDATA[Can your spouse force you out of the house during divorce?]]> https://www.pmlawpcny.com/?p=257129 2026-09-18T23:07:35Z 2026-09-18T23:07:35Z When your spouse tells you that they want a divorce, you know there are going to be significant changes to your living situation and the structure you had in your life, along with your marriage. That said, you may still be surprised if your spouse tells you that they want you to move out immediately. Maybe you come home and they have already packed your bags or put your stuff on the front step. They tell you that the relationship is over and you have to go. But can they actually kick you out of the house?

Do you also own the home?

Things can get complicated if you do not actually own the house, such as if your spouse was leasing an apartment and you moved in after you got married. You may have a right to continue living in that apartment, but it can be more complex, especially if you have never added yourself to the lease. But if you and your spouse own the home together, then it is as much yours as it is theirs. Both of you are on the title and all other paperwork associated with ownership or your home mortgage. When you both own the house, neither one of you has the legal right to kick the other person out. The major exception to this rule is if your spouse has a court order saying you have to vacate the premises. This will sometimes be done in cases of domestic violence or abuse. They could have gotten a protective order from the court. But if they are just trying to kick you out of the house because they are filing for divorce, they likely do not have the legal authority to do so.

A complicated divorce

Even if you do have a right to stay in the home, this development shows that your divorce case could be relatively contentious and complex. It is very important to understand all of the legal options you have at this time.]]> On Behalf of PM Law PC <![CDATA[3 behaviors that may serve as dissipation of marital assets]]> https://www.pmlawpcny.com/?p=257125 2026-09-07T11:20:52Z 2026-09-09T11:18:51Z 1. Wasteful spending Dissipation may take the form of wasteful spending either in the weeks leading up to a divorce filing or in response to the other spouse’s filing. This form of dissipation can involve emptying bank accounts or maxing out credit cards. Spending that clearly deviates from a person's financial habits during the marriage could constitute dissipation and might influence the final settlement.

2. The destruction or disposal of marital property

Getting rid of valuable assets can substantially diminish the marital estate. If one spouse gives away a vehicle, sells electronics for a fraction of their true value or intentionally destroys property that belongs to the other spouse, those actions may constitute dissipation. Choosing to destroy or give away assets that both spouses technically share an interest in reduces the value of the marital estate.

3. Undermining the marriage

Dissipation can also entail financial conduct that damages the marital relationship, often without the knowledge of the other spouse. For example, the money spent on an extramarital affair that triggers a divorce could constitute dissipation. Funds spent on gambling or substance abuse issues could also be dissipation. Identifying waste or destruction of marital resources and quantifying financial misconduct can help people pursue a fair property division settlement. Provable dissipation can significantly alter the final distribution of marital assets and marital debts.]]>