PM Law PCPM Law PC2026-06-30T18:03:03Zhttps://www.pmlawpcny.com/feed/atom/WordPress/wp-content/uploads/sites/1103396/2023/10/cropped-PMLawPC-Logo_Red_Blue-site-icon-32x32.pngOn Behalf of PM Law PC<![CDATA[Are prenuptial agreements always enforceable?]]>https://www.pmlawpcny.com/?p=2570962026-06-30T18:03:03Z2026-06-30T18:03:03ZWhile prenuptial agreements are enforceable in New York, it is important to understand that signing the document does not automatically guarantee that a court will enforce every provision it contains. The circumstances surrounding how the agreement was drafted, negotiated and signed can play a significant role in whether it will hold up in court.
Here’s what you should know about the factors that can affect whether a prenuptial agreement is ultimately enforced.
Why New York courts throw out prenups
Certain issues tend to come up repeatedly when prenuptial agreements are challenged. One of the most common is whether both parties signed voluntarily. If a prenup is presented shortly before the wedding, leaving little time to review its terms or seek independent counsel, a court may question whether the agreement was truly entered into by choice.Financial disclosure is another important consideration. Before signing, both parties should have an accurate understanding of each other's assets, income and debts. When significant financial information is omitted or misrepresented, the validity of the agreement may be called into question.Courts may also examine whether the terms of the agreement are fundamentally unfair. Although a prenup does not have to divide assets equally, provisions that heavily favor one spouse at the expense of the other may be more vulnerable to challenge.Execution matters too. Even a carefully drafted prenup can run into problems if it was not executed correctly. New York law requires specific signing and acknowledgment formalities, and overlooking them can undermine the agreement's validity.
Taking the right steps from the start
A prenuptial agreement is only as strong as the process behind it. If you're considering a prenup, working with someone who understands these agreements can help you create a document that reflects your intentions and is better positioned to withstand scrutiny if its validity is ever challenged.]]>On Behalf of PM Law PC<![CDATA[The potential problem with a handshake deal]]>https://www.pmlawpcny.com/?p=2570882026-06-29T12:27:34Z2026-06-29T12:27:34ZA handshake deal often feels like a simple way to make an agreement so things can move quickly. Two small business owners may see that it benefits them to work together, and they will just have a verbal agreement regarding what this looks like.
As much as this can be quick and easy, however, there are some significant problems with using handshake deals instead of written contracts. Let’s look at two of the major issues below, demonstrating why it is worth taking the time to write a contract.
The potential for misunderstandings
For one thing, even if the terms seem clear, there could be a misunderstanding. Perhaps one business owner believes that the contract will be fulfilled by the end of the week, while the other believes they have until the end of the month. Maybe there is confusion about financial compensation, with one business owner believing they have a far smaller financial obligation than the other.When these critical details are officially written down in a contract that both parties sign, it makes things clear. But even a simple misunderstanding could lead to an alleged contract breach and a dispute between the two parties.
Lack of proof
That is when the second issue arises. With a handshake deal, there is no proof of what was really agreed to. When both parties tell very different stories about what they believed the agreement entailed, it can be difficult to find a resolution. There is no record of the actual terms in the way that there would be with a written contract.For these reasons and more, drafting official contracts is very important. Business owners who are going through this process need to know what legal steps to take.
]]>On Behalf of PM Law PC<![CDATA[An empty-nest divorce can still be financially complex]]>https://www.pmlawpcny.com/?p=2570852026-06-15T19:10:08Z2026-06-16T19:05:07ZAn empty-nest divorce simply means that the two parents who are getting divorced have already raised their children. The children are now legal adults and have moved out of the house. They may have started their own careers, purchased their own homes or simply gone to college.
In some senses, divorce at this stage in life can be simpler, specifically because there will not be any disputes over child custody rights. When younger parents split up, they may put most of their time and energy into fighting over sole or joint custody and determining who will care for or watch their children. But since the children are no longer minors, older couples do not have to deal with this at all.
Potential financial issues
From a financial perspective, however, it may be even more complicated.For one thing, couples have less time to overcome any financial issues that the divorce creates. Someone who gets divorced in their 20s still has decades to save up for retirement on their own, for example. Someone who gets divorced in their 60s, however, is rapidly approaching retirement age and does not have nearly as much time to make their own plans.On top of that, these older couples may simply have more extensive financial assets. They have been together for decades while they raised their children, so their lives are heavily intertwined. They may share almost all of the assets that they own, including homes, real estate, businesses, investments, bank accounts and much more. It is harder to divide their lives financially.No matter how old you are when facing divorce, there are going to be some complications that you need to address, and it is very important to understand your legal options at this time.
]]>On Behalf of PM Law PC<![CDATA[Can bankruptcy stop a foreclosure?]]>https://www.pmlawpcny.com/?p=2570842026-06-15T19:08:17Z2026-06-15T19:08:17ZBankruptcy cannot necessarily stop a foreclosure from occurring. However, it can be a useful tool to use when facing foreclosure, as it can delay the process.
Whenever someone files for bankruptcy, the court issues an automatic stay. This is a legally binding order that pauses other collection efforts, including foreclosure. Lenders have to wait until the bankruptcy case has concluded before they are able to claim the assets that are still due. After all, some debts may be paid or waived during bankruptcy.Often, a bankruptcy case can take three or four months. So if your mortgage lender is threatening to foreclose on your home, filing for bankruptcy could buy you more time to stay in the house before that foreclosure can officially begin.
The stay will eventually be lifted
But the key thing to remember is that the automatic stay does not last forever. This is why bankruptcy is not necessarily a long-term solution. Once the bankruptcy case has concluded, the court will lift the stay, and collection efforts like foreclosure can resume.However, bankruptcy can sometimes make this unnecessary. Perhaps you are overwhelmed by debt, which is what led to the missed mortgage payments in the first place. If you are able to clear some of this debt through Chapter 7 bankruptcy or reorganize it under a Chapter 13 bankruptcy plan, that could make your mortgage affordable again. You can then get current on your payments and avoid foreclosure entirely.You can see how these two processes often work together, and it is very important to understand exactly what steps to take if you are facing foreclosure.
]]>On Behalf of PM Law PC<![CDATA[Immigration consequences of crimes involving moral turpitude]]>https://www.pmlawpcny.com/?p=2570822026-06-04T14:29:39Z2026-06-04T14:29:39ZCriminal convictions can result in more than fines, probation or incarceration. For many noncitizens, certain offenses may create serious immigration consequences that impact their ability to remain in the United States or obtain future immigration benefits.
One category of offenses that often receives attention in immigration proceedings involves crimes of moral turpitude. While the definition has evolved through court decisions over time, these offenses generally involve conduct viewed as dishonest, harmful or contrary to accepted standards of behavior.
Fraud-related offenses
Fraud is one of the most common examples of a crime that may be classified as involving moral turpitude. Offenses involving deception for financial gain frequently attract scrutiny because they often involve intentional dishonest conduct. A fraud conviction may create obstacles during a visa application and can also affect other immigration benefits.
Theft and robbery offenses
Theft-related crimes may trigger immigration concerns when they involve an intent to permanently deprive another person of property. Courts have often treated these offenses as crimes involving moral turpitude because they involve deliberate wrongdoing. Depending on the circumstances, a conviction may affect both current immigration status and future applications.
Violent crimes involving serious harm
Certain assault and battery offenses may be considered crimes involving moral turpitude when they involve serious bodily injury, the use of a dangerous weapon or particularly reckless conduct.Immigration authorities may examine the facts of the conviction when determining whether the offense carries immigration consequences.
Crimes involving abuse or exploitation
Offenses involving child abuse, spousal abuse or sexual misconduct often receive significant attention in immigration proceedings. These crimes may be viewed as reflecting conduct that falls within the category of moral turpitude. Such convictions can increase the risk of deportation proceedings and other immigration related challenges.
Drug-related driving offenses
While driving under the influence of alcohol is not typically classified as a crime involving moral turpitude, certain offenses involving drugs may be treated differently. The specific charge and circumstances surrounding the conviction can play an important role in the analysis.Crimes involving moral turpitude may affect immigration status, deportation proceedings and a visa application. Seeking legal guidance may help you better evaluate your options.]]>On Behalf of PM Law PC<![CDATA[Know your rights during an ICE encounter]]>https://www.pmlawpcny.com/?p=2570792026-06-03T02:26:01Z2026-06-03T02:26:01ZConstitutional rights for “persons”
The Fourth and Fifth Amendments of the United States Constitution do not use the term “citizens,” but instead refer to “persons” when discussing fundamental rights. Furthermore, the Supreme Court ruled that constitutional protections extend to all “aliens” within the United States.
One of the most important rights you have during an ICE encounter is the right to remain silent. You don’t have to answer questions about:
Where you were born
Your immigration status
How you entered the United States
However, it’s just as important not to provide false information or fake documents. If an officer begins asking questions, you may calmly state you are exercising your right to remain silent. Giving inaccurate answers could create legal problems later.
ICE agents have legal limitations
ICE also doesn’t have the right to enter a private home. In most situations, they either need your permission or a valid warrant signed by a judge. If they come to your door, try to stay calm and keep the door closed. You can ask the officer to show you the warrant through a window or slide it under the door.
Check to see whether the warrant has your correct name and address and is signed by a judge. An administrative immigrant warrant signed by an ICE officer is generally not enough to legally enter your home without consent.
If you are detained or questioned by ICE agents, you also have the right to speak with a lawyer. Clearly state your request before answering any questions or signing any documents.
Some families create emergency plans in the event a loved one is detained, including important immigration documents, childcare arrangements and emergency contact information, including a legal professional who can provide assistance.]]>On Behalf of PM Law PC<![CDATA[What to know about the financial disclosure affidavit ]]>https://www.pmlawpcny.com/?p=2570622026-05-19T18:37:03Z2026-05-20T18:30:12ZSpouses getting a divorce in New York are required to complete and exchange a financial disclosure affidavit. Also known as a Sworn Statement of Net Worth, this document provides information about a party’s income, expenses, assets and liabilities. Accordingly, it ensures both parties are adequately informed about each other’s finances, allowing for a fair distribution of marital property.Here is what to know about this document:
It operates as a legal affidavit
This disclosure is mandated under the New York Domestic Relations Law. Divorcing spouses must exchange an accurate and notarized financial inventory, which is signed under oath and subject to the penalties of perjury.Therefore, you must complete your affidavit accurately and honestly. Review your financial documents, create a list of all your expenses and income and carefully calculate your numbers to avoid mistakes that can result in accusations of hiding money.When you receive your spouse’s affidavit, review it thoroughly. If you need additional information, request them to provide it.
Supporting documents must be attached
You are required to attach supporting documents to your affidavit. These include:
Your current and representative paycheck stubs
Copies of recently filed state and federal income tax returns
Copies of tax documents submitted with your tax returns
Assets documentation, such as bank statements, investment account statements and deeds
Debts documentation, such as loan and mortgage applications and credit card statements
Proof of insurance coverage
Proof of public assistance
A list of all your monthly living expenses
Double-check to ensure you have attached all needed supporting documents. Also, confirm that everything has been correctly disclosed to the best of your knowledge before signing.The financial disclosure affidavit is the primary document used to make decisions regarding property division, child support, and spousal maintenance. Learn more to avoid costly mistakes when completing it and to know what to look for in your spouse’s affidavit.
]]>On Behalf of PM Law PC<![CDATA[What should you consider when creating a child custody schedule?]]>https://www.pmlawpcny.com/?p=2570612026-05-19T18:34:06Z2026-05-19T18:34:06ZSeveral schedules are popular among co-parents, but the ideal one depends on individual aspects. Co-parents should create a custody schedule that meets their child’s needs and works with their lifestyle.
Below are two primary factors you and your co-parent should consider when creating a custody schedule:
Your child’s needs
Your child’s needs should come first when creating a custody schedule. The factors to consider are your child’s age, temperament, daily schedule and specific needs. If your child is younger, they can benefit more from a schedule that requires frequent contact with both parents. If your child struggles with change, consider a schedule that’s consistent and has fewer transitions. However, if they are highly adaptable, you have more options.Your child’s daily schedule also matters. If they go to school or daycare, it is best to avoid schedules whose exchanges will interrupt their daily routine.Moreover, a child with special needs, such as medical, developmental, educational, emotional, or social needs, will benefit from a schedule that makes it easier for them to receive the care they need.
Your work schedules
The parents’ work schedules should be considered when creating a child custody schedule. When they are not, the chances of disruptions, violations of court orders and conflicts can be high.Thus, you and your co-parent should have a conversation about your availability. Do both of you work the traditional nine-to-five schedule? Is one of you a shift worker with non-traditional hours? Does either of you frequently travel out of town for work? Choose a schedule that allows you to spend quality time with your child without misunderstandings or excessive reliance on third-party care.Conflicts related to child custody are not uncommon. It’s crucial to create a suitable schedule in the first place to ensure smooth co-parenting. ]]>On Behalf of PM Law PC<![CDATA[Basics you need to know when filing for divorce in New York]]>https://www.pmlawpcny.com/?p=2570572026-05-05T21:56:04Z2026-05-05T21:56:04ZFiling for divorce in New York can feel overwhelming, especially if it is your first time dealing with the court system. The process involves legal requirements, paperwork and important personal decisions.
Taking time to understand the basics can make the process smoother and help you avoid delays. Whether your case is simple or more complex, knowing what to expect is essential.
1. Meeting residency requirements
Before filing, you must meet New York residency rules. In most cases, either you or your spouse must have lived in the state for at least one year before starting the case.The court will not accept your filing if these requirements are not met, and therefore, it is important to confirm your eligibility before preparing documents.
2. Understanding grounds for divorce
New York allows both no-fault and fault-based divorce, with the most common option being an irretrievable breakdown of the marriage for at least six months.Other grounds include abandonment, adultery or cruel treatment. Choosing the right ground depends on your situation and whether both parties agree.
3. Preparing and filing documents
The divorce process begins by filing a summons and complaint with the county clerk. These documents outline your request for divorce and basic details about the marriage.You will also need supporting documents such as a marriage certificate and information about assets, debts and any agreements between both parties.
4. Serving your spouse
After filing, your spouse must receive the divorce papers. This step is called service and must be completed within a set period.Someone else over the age of eighteen must deliver the documents which ensures that the case can move forward without legal issues.
Finalizing the divorce
Once all documents are submitted and reviewed, the court may place your case on the calendar. Throughout the process and if f everything is in order, a judge will issue a final judgment of divorce.Understanding each step of the process can help you stay organized and prepared. Also, seeking reliable legal guidance can provide clarity and support as you move through the New York divorce filing process.]]>On Behalf of PM Law PC<![CDATA[Understanding the foreclosure process in New York]]>https://www.pmlawpcny.com/?p=2570562026-05-05T21:53:55Z2026-05-05T21:53:55ZFacing foreclosure can be stressful and confusing for homeowners. When mortgage payments fall behind, the risk of losing your home becomes very real.
Understanding how the foreclosure process works in New York can help you make informed decisions early. With the right knowledge, you may be able to slow down or even avoid losing your property.
Missed payments and default
The foreclosure process usually begins after missed mortgage payments. Once payments are overdue, the lender will send notices informing you of the default. These notices provide an opportunity to take action, and at this stage, communicating with your lender is important, as some may offer temporary relief options or repayment plans.
Pre-foreclosure and homeowner options
Before filing a case in court, lenders must follow certain steps under New York law. This includes providing advance notice and information about available support programs.Homeowners may explore options such as loan modification, refinancing or repayment agreements. Acting early can increase the chances of reaching a solution that avoids foreclosure.
Judicial foreclosure process
New York follows a judicial foreclosure system, which means the lender must file a lawsuit in court to proceed with foreclosure.The court reviews the case to ensure that all legal requirements have been met, with homeowners having the right to respond and present their situation before any final decision is made.
Settlement conferences and resolution
In many cases, the court will schedule a settlement conference, which allows both parties to discuss possible alternatives to foreclosure.These discussions may lead to agreements that help the homeowner keep the property or exit the situation with less financial impact. Participation in this stage is important for exploring available solutions.
Moving forward after foreclosure
After the settlement or resolution, the new owner may take steps to gain possession of the property. Homeowners should be prepared for changes and understand their rights during this phase.Foreclosure can be complex, but early action can make a difference. Also, seeking legal guidance can help you understand your options and protect your interests throughout the foreclosure process.]]>