PM Law PCPM Law PC2026-08-15T20:33:59Zhttps://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[The 3 main stages of the naturalization process]]>https://www.pmlawpcny.com/?p=2571162026-08-15T20:33:59Z2026-08-15T20:33:59Z1. The application stage
Naturalization is not automatic. People must petition the government for naturalization and pay a sizable fee to do so. They must pass an extensive background check to validate that they meet the strict standards for naturalization. Many people need help with the paperwork required during the application stage.
2. The interview and test
If an individual seems to qualify for naturalization on paper, they must prove that they are eligible. During a naturalization interview, they may need to answer personal questions. They also need to pass a test in English and civics.
3. The oath
To become a naturalized citizen, people must attend an oath-taking ceremony. During the oath, they must swear to uphold the Constitution and pledge their loyalty to the United States of America. For many people, the oath-taking ceremony is a profound and emotional moment that represents the culmination of a long journey.
Having legal support during the naturalization process can make it easier for people to manage related paperwork, prepare for tests and address any issues that arise. Broadly speaking, legal insight makes it easier for people to achieve their goal of citizenship.]]>On Behalf of PM Law PC<![CDATA[3 considerations to address when negotiating a franchise contract]]>https://www.pmlawpcny.com/?p=2571142026-08-02T14:56:32Z2026-08-05T14:55:05Zfranchise agreements are lengthy contracts that also impose many requirements and restrictions on the franchisee.
Carefully assessing the terms below carefully can help potential franchisees determine whether or not an opportunity is actually beneficial, given their long-term plans.
1. Territory protections
The size of a franchisee’s territory and the duration of their protections can be critical terms. No matter how well-loved a business is, there is a limited amount of demand in any given market. Territory protections help limit the likelihood of direct competition from another franchisee.
2. Restrictive covenants
Franchise agreements often contain restrictive covenants that limit the economic activity of the franchisee even after the franchise agreement ends. A review of noncompete, nondisclosure and nonsolicitation clauses can help people prevent scenarios where they cannot take jobs in the industry or start their own business after running a franchise.
3. Financial requirements
Franchisees often need to invest a significant amount to acquire an opportunity. They must share their revenue with the franchisor. They may also be responsible for other expenses, such as contributions to local marketing or the acquisition of new machinery as required by the franchisor. Validating current and future investment obligations can help people estimate the investment they must make and the returns they could receive.
Working with a lawyer to assess a franchise agreement can help entrepreneurs determine if an opportunity is the right one for them. Franchise agreements are lengthy and complex, and most people benefit from having a lawyer guide them before they sign any franchise paperwork.]]>On Behalf of PM Law PC<![CDATA[Illegal tax evasion vs. lawful tax avoidance]]>https://www.pmlawpcny.com/?p=2571122026-08-02T14:54:02Z2026-08-02T14:54:02ZTax evasion involves lying
There are two main types of lies. There are lies of commission, where people actively attempt to misrepresent their circumstances by providing untrue information. There are also lies of omission, where people intentionally withhold information that might change the opinion or decision of another party.
Both types of lies can lead to claims of tax evasion. Claiming that personal spending was a tax deduction, claiming credits for dependents who don't exist and otherwise intentionally misrepresenting the situation of a taxpayer can constitute tax evasion. Withholding information about income or assets instead of making accurate, thorough disclosures on paperwork can also constitute tax evasion.
Unlike tax evasion, which involves providing inaccurate information, tax avoidance entails using credits, deductions and other tax rules to reduce the final amount of taxes due. Tax avoidance is perfectly legal, whereas tax evasion can lead to intense scrutiny of a tax return, as well as substantial consequences.
Anyone facing an audit, accused of tax evasion or concerned about other enforcement actions may need legal support. Working with an attorney familiar with tax law can help people avoid mistakes that expose them to enforcement actions and respond effectively to audits and any other communication from tax authorities.]]>On Behalf of PM Law PC<![CDATA[Going to court to end joint real estate ownership]]>https://www.pmlawpcny.com/?p=2571102026-07-21T00:50:49Z2026-07-26T00:49:50ZThe courts can offer multiple solutions
When one or more co-owners of real property want to sever the joint ownership arrangement, civil litigation to pursue a partition action is often necessary. Unless owners agree on specific terms, they may require a judge to ensure a smooth transaction.
During a partition action, judges have several options available for ending a joint ownership arrangement. They can require the sale of the property, thereby allowing each owner to receive a portion of the proceeds.
They can divide a parcel into multiple smaller parcels. They can also facilitate one owner's acquisition of another's interest in the property. Each of those arrangements can be appropriate in different scenarios.
Documenting sources of pressure on a co-ownership or arrangements and evaluating the different partition remedies available can make it easier to successfully navigate legal proceedings to end joint ownership. A lawyer's guidance can help people present a compelling case about a real estate dispute in front of a judge.]]>On Behalf of PM Law PC<![CDATA[Valuation dates can simplify high-asset divorces]]>https://www.pmlawpcny.com/?p=2571082026-07-21T00:46:32Z2026-07-21T00:46:32ZHow valuation dates can help
The fair market value of assets, or what they are worth if listed for sale, significantly impacts the overall division of the marital estate. Spouses must either negotiate terms that they both agree are fair or present information to the courts to guide a judge’s determination regarding the distribution of their resources.
An agreed-upon valuation date reduces the likelihood of spouses having vastly different asset valuations for the same assets. The calculation process for particularly costly resources often looks at macroeconomic factors on a specific date. Stock prices, the housing market and business prospects all change as other elements of the economy evolve.
If spouses can agree on a specific valuation date in the early stages of a high-asset divorce, it may be much easier for them to reach similar asset valuations and to negotiate mutually-agreeable terms for property division. For many couples, the valuation date might be the date one spouse filed divorce paperwork or the date that spouses agreed to begin living separately.
Attorneys can help people avoid unnecessary concessions and unfair terms during complicated divorces. Seeking guidance when setting a valuation date, assessing what property is worth and negotiating asset division can help people obtain the best possible divorce outcomes.]]>On Behalf of PM Law PC<![CDATA[Can you stay in the U.S. after leaving an abusive spouse?]]>https://www.pmlawpcny.com/?p=2571052026-07-14T19:04:07Z2026-07-14T19:04:07ZTaking back control of your future
One of the most significant protections is found under the Violence Against Women Act (VAWA). Through a VAWA self-petition, you can seek immigration benefits on your own rather than relying on an abusive spouse to sponsor your case. This process is confidential, and the abusive spouse generally does not have to participate in the application. That said, you must meet specific eligibility requirements to qualify for immigration relief under VAWA.
It’s worth noting that VAWA protections are not limited to women. Eligible survivors of any gender may be able to seek protection under the law. Additionally, other immigration options may still be available if you don’t qualify for relief under VAWA. For instance, you may be eligible for a U visa, asylum or another form of humanitarian protection, depending on your circumstances.
Determining the best course of action is not always straightforward, particularly when you’re unsure of what immigration protections may apply to your situation. Reaching out for experienced legal guidance can help you understand your options and build a strong case toward securing the safety and stability you deserve.]]>On Behalf of PM Law PC<![CDATA[You can’t study for a green card marriage interview]]>https://www.pmlawpcny.com/?p=2571022026-07-10T12:51:01Z2026-07-10T12:51:01ZIf you have a meeting or an interview with USCIS, you may find yourself wondering how you can prepare. You want to give the right answers, and you want the interview to go well to protect your status in the United States.
In some areas of immigration law, you certainly can prepare. If you are going to take a naturalization test, for example, you can study for it.But for a green card marriage interview, there is no way to study in advance. There are not specific answers that you need to give. You and your spouse may be able to prepare by discussing what the interview will look like, or you may be able to gather important documentation that helps demonstrate the validity of your marriage. But the goal of the green card interview is a bit different.
Questions about your life together
Generally speaking, the government is simply going to ask you questions about your relationship and the life you have built together. They are just trying to ensure that you are actually in a relationship with one another and that the marriage is not fraudulent.For example, they may ask you where you first met, where you went on your first date or where you got married. They may have questions about your daily life, such as who does which chores around the house or whether the two of you have discussed having children.It is a red flag if you give drastically different answers. The government may think that you do not actually live together or that you are just temporarily pretending to be in a relationship so that one of you can get a green card. But as long as you generally answer the same way and seem knowledgeable about one another's lives and how you live together, you can demonstrate that the relationship is authentic.Getting married to a U.S. citizen is just one potential way to get a green card. It is important to know what that process looks like and what legal steps to take as you move forward.
]]>On Behalf of PM Law PC<![CDATA[How does New York calculate child support?]]>https://www.pmlawpcny.com/?p=2570982026-07-07T13:31:28Z2026-07-07T13:17:42ZRaising a child involves ongoing costs and child support helps parents share those financial responsibilities. If you are going through a divorce or separation, you may wonder how New York determines the amount of child support you may owe or receive. While the state uses a standard formula, several factors could influence the final amount. Understanding how the process works may help you know what to expect.
What income could count toward child support?
New York begins child support calculations by looking at each parent's income. However, the court may consider more than just wages from a regular job. Depending on your circumstances, it could include income from several sources.Some examples may include:
Wages, salaries and bonuses
Self employment income
Commissions and investment income
Workers' compensation or unemployment benefits
Pension or retirement benefits
Before applying the child support formula, the court may subtract certain allowed deductions from your income. Because of these adjustments, the amount used for the calculation may differ from your total earnings.
How do the child support guidelines work?
New York's child support guidelines generally use a percentage of the parents' combined income to calculate the basic child support obligation. These percentages usually apply to combined income up to a specific income cap set by state law. The cap may change over time.For combined income above that amount, the court may decide to apply the same percentage or consider other financial factors when determining an appropriate support amount.The standard guideline percentages generally include:
One child: 17% of income
Two children: 25% of income
Three children: 29% of income
Four children: 31% of income
Five or more children: At least 35% of income
After the court calculates the basic support amount, each parent generally pays a share based on their portion of the combined income. However, the court may adjust the amount if certain circumstances suggest that the guideline calculation does not fully address the child's needs.
What other expenses may affect child support?
Child support may include more than the basic obligation. In addition to the guideline amount, parents may need to share certain expenses related to raising a child.These costs could include:
Health insurance premiums for the child
Child care expenses that allow a parent to work or attend school
Medical expenses not covered by insurance
Educational expenses for the child
The way these expenses are divided may depend on the family's circumstances and each parent's financial situation. As a result, the total support obligation may vary from case to case.
Understanding the full picture
The guidelines provide a starting point, but the court may consider other factors when deciding what amount fits your family's situation. Understanding the factors that influence child support calculations and getting proper legal advice may help you prepare for the next steps in your divorce or separation]]>On 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.
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