Law Office of Karen M. Jansen, Esq.

06/21/2024

WESTCHESTER COUNTY CHILD CUSTODY & VISITATION ATTORNEY
White Plains Divorce & Family Lawyer

Divorcing couples who have minor children may find themselves in high conflict situations when negotiating, mediating or even litigating issues related to & .

Understandably, each parent may feel very strongly about maintaining a stable, loving relationship with their child, while also making their case that the child should live with them, versus the other spouse.

New York State adheres to the principle of "the best interests of the child", allowing the court to evaluate a variety of factors to determine physical and legal child custody issues, as well as visitation for the non-custodial parent.

Over the years, societal and legal trends are moving more toward "shared parenting" as a desirable framework, when and where possible.

Among the shared & joint parenting choices is a situation referred to as "bird nesting", wherein the children stay in one residence and the parents alternate moving in & out.

This kind of situation requires a great deal of communication, compromise and cooperation between the exes, so it frankly may not be a viable choice for all couples. However, it does illustrate that a variety of alternatives exist within child custody & visitation matters.

I offer my clients 24 years of attorney experience in & , including all issues related to Child Custody & Visitation, Relocation and , among others.

If you are considering divorce and have questions regarding child-related matters, I look forward to hearing from you soon.

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06/13/2024

WHITE PLAINS CHILD SUPPORT ATTORNEY
Establishing child support agreements in and family court proceedings can be stressful, emotionally-charged and high conflict.

The aim of resolving these matters through negotiation, mediation or litigation is to create a feasible child support arrangement based upon the principle of "the best interests of the child" and a number of other factors.

New York State law provides specific formulas for the calculation of payments from the non-custodial parent, based primarily upon income and the number of children to be supported.

These support payments aim to provide the child financial resources for items such as child care, schooling and healthcare.

Once the court has rendered its child support decision, both parents are obligated to adhere to it. There are, however, legal means to pursue child support modifications under legitimate circumstances, such as job loss, or an increase or decrease in income by 15% or more.

Child related issues in divorce, including child support, are often highly contentious. In order to achieve a viable child support solution, you want to work with a tenacious & highly skilled attorney who will focus on establishing a practical arrangement that will work for you & your family.

I offer my clients 24 yrs of highly skilled attorney experience in NY divorce & family law, including all child-related matters. I look forward to working with you soon,

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06/03/2024

AVOIDING CHILD CUSTODY & VISITATION ISSUES OVER SUMMER BREAK
White Plains Divorce & Family Law Attorney

With the end of the school year fast approaching, the summer break often becomes the source of conflict between custodial and non custodial parents.

Sometimes, it is not only about vacation, but summertime also presents the least disruptive time for the custodial parent to move house, with the potential consequence of the child changing schools, schedules and other activities.

Both summer vacation and moves can cause disputes between the parents, as they can provide the basis for potential violations of established custody and visitation orders and agreed, shared parenting plans.

Some basic tips to avoid such disputes and maintain a smooth transition:

* Adhere to Your Existing Child Custody Order

* Communicate with your Co-Parent: Amicably work out any mutually-agreed upon changes to accommodate summer schedules & plans, before the summer break begins and then both parents honor that agreement

* Put the Needs of Your Children First. Depending on their ages, you may want to get input from the children as well, when defining agreed upon changes to schedules, vacations, etc.

In some instances, summertime changes, especially those involving moving house, may precipitate unavoidable legal challenges aiming to enforce or modify existing child custody and visitation orders.

I offer my clients 24 years of attorney experience in all & matters, including child custody, visitation, relocation and support, as well as enforcement of and modification to existing orders.

If you need help with a child-related legal issue, I look forward to hearing from you soon.

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05/20/2024

THE PURPOSE & BENEFITS OF POSTNUPTIAL AGREEMENTS
White Plains Divorce & Family Law Attorney

While most people are at least somewhat familiar with prenuptial agreements, the concept, purpose & benefits of postnuptial agreements are less well known.

Essentially, both prenuptial and postnuptial agreements are marital contracts, and often cover the same concepts and terms.

The primary difference is one of timing: are created before a marriage actually takes place, while are created anytime after the official marriage. In fact, postnuptial agreements are frequently created many years after a couple's actual marriage.

The primary purpose of both these types of is to address, define and agree to the protection and ownership of assets and debts in the event of .

Among the many benefits of postnuptial agreements for married New York couples:

* Focus is on how assets and finances have grown during the marriage and can help provide a much more realistic roadmap as to how those would be divided in the event of divorce

* Protecting beneficiaries, such as children from previous relationships, in that assets such as inheritances or family heirlooms can be specifically addressed and itemized in the postnuptial agreement

* Can address the financial inequities between the spouses, such as one spouse having sacrificed career earnings in order to raise the couple's children

Both prenuptial and postnuptial agreements are highly personalized and complicated in nature. It is strongly recommended that you work with an attorney who can provide the expertise and experience that such detailed, legally-binding marital contracts require, in order to protect your interests.

I offer my clients 24 years attorney experience in negotiating, creating, executing and when necessary, legally challenging both Prenuptial and Postnuptial Agreements, the equitable distribution of finances, businesses & property in divorce, and all other closely related Divorce & matters.

If you think you need to develop a marital contract, I look forward to working with you very soon.

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05/13/2024

WHAT ARE GROUNDS FOR DIVORCE IN NEW YORK?
White Plains Divorce & Family Law Attorney

Married couples may for a variety of reasons, and the State of New York offers wide latitude as to factors that provide the basis for initiating divorce proceedings for NY residents.

A spouse can file for a no-fault divorce if they think their marriage has been "irretrievably broken" for at least the past 6 months.

As that term is relatively vague, it is frequently cited as the cause for the divorce petition, since it doesn't require as much proof as other grounds for divorce.

For example, if you decide you want to divorce because you think you & your spouse have simply yet permanently grown apart and that situation can't be rectified.

Among other specific legal grounds for a NY divorce:

* Abandonment
* Cruel & Inhuman Treatment, which includes issues of domestic violence & abuse
* Adultery
* Imprisonment
* Separation

Each of the noted grounds for divorce comes with many accompanying details, and the specifics of each case will vary.

If you are contemplating filing for divorce, you want to work with an attorney who is highly skilled and vastly experienced in handling all types of divorce, regardless of cause.

I offer my clients 24 years experience in Litigated, Collaborative & Mediated Divorce and and I look forward to helping you soon.

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04/30/2024

HOW IS PROPERTY DIVIDED IN A NEW YORK DIVORCE?
Westchester County Divorce & Family Law Attorney

Among the many complexities of a New York State proceeding is the division of assets (and debts) accumulated during the marriage.

New York is an equitable distribution state, meaning that the court has considerable discretion in deciding how to most fairly (equitably) divide property and assets in a divorce.

Just some of the items that can be considered as marital property in divorce:

* Real estate and business holdings
* Bank Accounts, such as checking & savings accounts
* Pensions and other retirement plans

"Separate Property" is that which either spouse owned prior to the marriage, as well as items such as inheritances, certain gifts, and compensation from personal injury cases, as long as those funds are not commingled with marital accounts.

Dividing and distributing assets in a divorce can be highly contentious and prolonged. You want to work with an experienced and tenacious attorney who will protect all your interests in your divorce, including those related to financial and property distribution.

I offer my clients 24 years of skilled Divorce & attorney experience, in practice areas such as Equitable Property Distribution, High Net Worth Divorce, and Business & Asset Valuation and Division, among others, through negotiation, or , as necessary.

If you are considering divorce or have any other family law issue, I look forward to hearing from you soon.

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Convenient Downtown White Plains Office Location

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04/22/2024

DOMESTIC VIOLENCE, DIVORCE & CHILD CUSTODY
White Plains Divorce & Family Law Attorney

As New York State adheres to the principle of "the best interests of the child", domestic violence situations will factor into the court's decisions surrounding and visitation.

The court may even consider as a factor in determining child support, spousal support & property division, depending on the individual circumstances of each case.

Allegations of domestic violence can result in criminal charges against the abuser, which can mean arrest, conviction, fines, jail time and exclusion from the home.

The court can issue an Order of Protection, meant to keep the abuser away from you & your family and help keep you safe from further harm. Domestic violence is clearly a basis for commencing divorce proceedings.

Domestic violence and abuse takes many forms and cuts across all demographic and economic groups. It can be physical, mental, emotional and even financial in nature.

It is truly epidemic in New York, where studies have shown that nearly one-third of people experience domestic violence of some kind in their lifetimes.
If you are being victimized, call 911 immediately. DO NOT WAIT.

I offer my clients 24 years of attorney experience in Divorce & Family Law, including Domestic Violence, Child Abuse & Neglect, Orders of Protection and all child-related matters.

If you need to divorce due to any type of violence or abuse, I look forward to helping you very soon.

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04/16/2024

DO GRANDPARENTS HAVE VISITATION RIGHTS AFTER DIVORCE?
White Plains NY Divorce & Family Law Attorney

In New York State, grandparents of children of a divorced couple have the legal basis for court-ordered under certain circumstances.

However, since the "best interests of the child" guideline has been applied by NY State courts to this issue, individual family circumstances play a significant role in the legal decisions surrounding cases.

Among these are the child's own wishes if they are of mature enough age and the strength of a pre-existing relationship between the child & the grandparents.

In the event that both parents are deceased or completely abandon the child, grandparents can also seek , or .
https://www.divorcenet.com/resources/do-grandparents-have-visitation-rights-new-york.html

If you are a grandparent and seek visitation rights to your grandchildren following their parent's , you want to work with a family law attorney who is experienced in skillfully addressing the various factors involved and helping maintain the relationship you have with your grandchildren.

I offer my clients 24 years experience in Divorce & , including protecting Grandparent Visitation Rights, , Family-Related Adoption and all other child-related issues.

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04/16/2024

04/09/2024

LEGAL SEPARATION & DIVORCE IN NEW YORK
Westchester County Divorce and Family Law Attorney

Actors Sacha Baron Cohen and Isla Fisher are divorcing after nearly 14 years of marriage and having three children together.

They had announced that they had been separated for more than a year, and had finally decided that was the best option for them and their family, going forward.

Legal separation in New York State requires a married couple do more than simply physically separate and lead essentially separate lives.

State law requires, among other things, that the couple create and both voluntarily sign a legal separation agreement, which will govern numerous aspects of their separation.

The separation agreement defines the rights and responsibilities of each spouse, and focuses on issues such as child custody and visitation, child and spousal support and the division of assets and debts.

A is not a divorce, however, so the couple is still technically married until they decide to reconcile, divorce or perhaps remain legally separated indefinitely.

If you are considering divorce, or you and your spouse are discussing legal separation, you want to work with an attorney with vast experience and skill in both those practice areas, as well as all family law related matters.

I offer my clients 24 years experience in all aspects of Divorce and Family Law, including the negotiation and creation of legal separation agreements, as well as all accompanying issues related to child custody, visitation, support and asset division. I look forward to working with you soon.

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03/27/2024

NAVIGATING THE DIVORCE PROCESS AND REACHING FINAL SETTLEMENT
White Plains Divorce & Family Law Attorney

The usually has many accompanying issues which need to be resolved alongside the dissolution of the marriage itself. These issues can vary greatly, given the unique circumstances of each couple.

Reaching final agreement and across numerous matters can be a lengthy, arduous and even acrimonious process.

While most people equate with a litigated and hostile ordeal (which it often is), there are alternatives such as collaborative and mediated divorce, which can mitigate the duration and conflict associated with divorce proceedings.

Kevin Costner and his now ex-wife Christine Baumgartner have very recently finalized their divorce after having negotiated thorny issues surrounding and matters, among others.

Their negotiated settlement allowed them to avoid a contentious, public trial and very likely spared their children that traumatic event.
https://www.usnews.com/news/entertainment/articles/2024-02-20/divorce-of-kevin-costner-and-christine-baumgartner-is-finalized-officially-ending-their-marriage

I offer my clients 24 years attorney experience in all Divorce & Family Law matters, including Collaborative, Mediated and Litigated Divorce, as well as all child and support-related issues.

If you are considering divorce, you want to work with an attorney who can pursue the best course of action in your case and make sure your rights are tenaciously protected and promoted. I look forward to working with you soon.

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