Judd & Moss, P.C.Judd & Moss, P.C.2026-05-26T13:02:59Zhttps://www.juddandmoss.com/feed/atom/WordPressOn Behalf of Judd & Moss, P.C.<![CDATA[Legal custody rights address common child-based decisions]]>https://www.juddandmoss.com/?p=481872026-05-21T13:04:17Z2026-05-26T13:02:59ZPhysical custody rights typically address where a child is going to live at any given time. Coparents will often have joint physical custody, for example, where parenting time and responsibilities are split between them. Parents have days when they have custody and are responsible for raising the child, but they also have days off when the child is with their ex.
Legal custody rights work a bit differently. They address making decisions on the child’s behalf. In this sense, a parent can still have legal custody rights even if the child is not physically with them at the time.
What decisions need to be made?
Parents often have to make a variety of important decisions for their child as they grow up, including:
Which pediatrician they should see or what type of medical care they should receive
Which religious environment they should be exposed to, if any
Which school the child should be enrolled in or when the child should be transferred from one school system to another
Joint physical custody rights mean that parents have to share time with the child, and joint legal custody rights mean that they have to work together to make these decisions.This can naturally lead to conflicts. Parents may disagree over what the best type of medical care is for their child, or they may have different opinions about what school system to enroll the child in for the upcoming school year. When these conflicts arise, it is very important for them to understand their custody rights and the legal steps they need to take to find a compromise or a resolution.
]]>On Behalf of Judd & Moss, P.C.<![CDATA[How long do you have to respond to a New York divorce petition?]]>https://www.juddandmoss.com/?p=481852026-05-08T05:49:57Z2026-05-13T05:49:08ZIf your spouse files for divorce and serves you with the papers, you are required to respond. They generally have to wait for your response before the next steps in the divorce process can move forward.
Exactly how long you have to respond depends on where you were served. If you were in New York State at the time, then the law gives you 20 days to submit your response. But if you were outside of the state, then you get 30 days, giving you additional time to consider your options.
What if you do not respond?
In some cases, a person receives a divorce petition and never responds at all. They may forget to do so, accidentally miss the deadline or intentionally avoid participating because they do not want the divorce to happen.If you miss the deadline, it is important to realize that your spouse can still move forward with the divorce, even without your input or involvement. The court can issue a default divorce judgment.Realistically, it is usually best to respond so that you can be involved in important issues like dividing child custody rights or splitting marital assets. If you do not respond at all, it does not prevent the divorce from happening. It simply means that your spouse may move through the process without your participation, and the final terms may not be in your favor.
Starting the divorce process
Getting served with a divorce petition is just one of the first steps in the divorce process. As you gather evidence, attend hearings, make financial disclosures and address other legal matters, it is crucial to understand all of your legal rights and options.
]]>On Behalf of Judd & Moss, P.C.<![CDATA[What is financial infidelity?]]>https://www.juddandmoss.com/?p=481832026-04-23T12:29:18Z2026-04-28T12:28:30ZFinancial infidelity essentially means that there has been some level of dishonesty in a relationship, where couples are not being truthful about expenditures, earnings and other financial issues.
For instance, maybe your spouse got a raise at work, but they did not tell you and simply began stashing the money aside in a secret account. Or maybe they said they were spending money on necessities, when you found they were actually using that money to finance a gambling addiction. Perhaps they have been making transfers out of your shared financial accounts without telling you, putting the money into their own accounts.
The impact on a divorce
In some cases, financial infidelity can be the issue that leads to a divorce. It breaks down trust between two individuals. If you find out that your spouse has been lying about how they are using shared funds, you may find it hard to trust them moving forward. This undermines your relationship and could mean that you decide to seek a divorce.If you do, financial infidelity can become very important when addressing property division. You and your spouse are both required to make financial disclosures to the court. But do you know if your spouse is being honest about the assets that they own? Or have they been secretly setting aside marital funds, and are they now lying to the court to keep from splitting those funds with you?Finally, financial infidelity is sometimes connected to other issues. A person may lie about their spending to cover up an extramarital affair, for instance, because they are spending money to visit their new partner.
Your legal options
You can see how financial infidelity can harm a relationship and affect the divorce process. You must know what legal options you have to protect your right to marital property.]]>On Behalf of Judd & Moss, P.C.<![CDATA[2 reasons for a default divorce judgment]]>https://www.juddandmoss.com/?p=481822026-04-09T10:12:24Z2026-04-14T10:11:51ZDivorce is easiest if you and your spouse both communicate and are involved in the process. The fastest divorces are those where you agree on all of the terms, known as uncontested divorces. But even in a contested divorce, both of you will typically still be involved in going through the court process to find solutions regarding marital property division or child custody.
That being said, the involvement of both spouses is not a requirement for a divorce. The court still has the option to issue a default divorce judgment, even if one spouse is participating and the other is not. Below are two reasons why that may happen.
The other spouse cannot be located
In some cases, a person wants to get a divorce because their spouse has abandoned the marriage and they cannot even locate them. There is no way for them to serve them with the divorce petition. This could happen if they married someone from another country, for example, who has returned to that country without officially ending the marriage.
The other spouse refuses to cooperate
In other situations, it may be that the person can be located and served, but they simply refuse to respond to the divorce petition. This sometimes happens when a person does not want to get divorced. They refuse to sign the paperwork, perhaps mistakenly believing that ignoring it will prevent the divorce. But once certain deadlines have passed, the court can still move forward with a default divorce judgment.
Your legal rights
If you are considering a divorce and you are worried about these types of complications, it is very important for you to understand all of your legal rights and the options at your disposal.]]>On Behalf of Judd & Moss, P.C.<![CDATA[What happens to pets during a divorce]]>https://www.juddandmoss.com/?p=481802026-03-26T11:59:29Z2026-03-31T11:58:51ZLosing a relationship is never an easy process, and the emotional weight often extends beyond just the couple. For many people, pets are considered family, offering comfort and companionship during life’s most difficult moments.
When a marriage ends, deciding what happens to a beloved animal can feel just as heartbreaking as any other part of the process. These situations can quickly become complicated, especially when both spouses feel a deep bond with their pet.
How New York courts view pet custody
In the past, New York pets were traditionally treated as property in divorce proceedings, similar to furniture or other belongings. However, the law has evolved to recognize that animals hold a special place in people’s lives, and courts now take a more thoughtful approach when deciding who keeps a pet.Rather than focusing solely on ownership, courts may consider what arrangement is in the “best interest” of the animal. This can include looking at who has been the primary caregiver, who handles daily responsibilities like feeding and veterinary visits and who is better positioned to provide a stable home. Emotional bonds can also play a role, especially if one party can demonstrate a stronger connection with the pet.It’s important to understand that, unlike child custody, courts typically do not order shared custody or visitation schedules for pets. Instead, the goal is often to determine a single, stable living situation. That said, couples are able to reach their own agreements outside of court, including informal arrangements that allow both parties to continue seeing the pet.Navigating these decisions can be far more emotional and complex than it may first seem, especially when both individuals feel a strong attachment. Speaking with a knowledgeable legal professional can help you understand your options and work toward a resolution that respects both your bond and your pet’s well-being.]]>On Behalf of Judd & Moss, P.C.<![CDATA[What should you remember when divorcing a narcissist?]]>https://www.juddandmoss.com/?p=481782026-03-12T08:56:59Z2026-03-17T08:55:55ZDivorces are hardly ever simple, but they become much more complex if you’re facing a divorce that involves a narcissist. A person who has narcissistic tendencies is self-absorbed, manipulative and controlling, all of which can bring contention to the divorce. Understanding what to expect and how to prepare can make a difference in how you handle the divorce. This is particularly important when you consider the reality that a narcissist may try to drag the divorce on as long as possible simply because they want to cause you stress and impact your finances.
Document everything possible
Narcissists often try to distort facts to meet their version of reality, which is hardly ever realistic. Having proof of everything possible can help to take away the question about what’s going on. This is especially important for financial matters and things related to the children.
Switch to written communication
Using only written communication serves two purposes. The first is that it enables you to retain proof of the conversation. The second is that it removes the likelihood of you having an emotional reaction that gives the narcissist power. Both of these purposes can work in your favor.
Opt for detailed plans
Whether you’re dealing with the parenting plan or the property division order, having as much detail as possible is critical. Just as narcissists will make misstatements to suit their own needs, they will often try to re-interpret statements to suit their needs. Having everything thoroughly explained can reduce this risk. Everything can become complex when a narcissist is involved in your divorce. Having someone on your side who understands the situation and can assist with protecting your rights is beneficial. ]]>On Behalf of Judd & Moss, P.C.<![CDATA[Setting a first right of refusal in a parenting plan]]>https://www.juddandmoss.com/?p=481762026-02-26T05:34:07Z2026-03-03T19:05:59ZGetting everything set in a parenting plan can often seem overwhelming, particularly because of the vast number of decisions that go into it. One decision that some people may not think about is how childcare will be handled if the parent who currently has their children with them is unable to watch them.
Some parenting plans contain the right of first refusal, which provides a potential solution to that dilemma. The right of first refusal requires the parent who has the children to ask the other parent if they want to watch the children before other childcare options are used.
Why is the right of first refusal important?
The right of first refusal allows the children to spend more time with their parents instead of with other caregivers. This is beneficial to the children and their parents since it provides them with more opportunities to bond with each other and create memories.
When does the right of first refusal apply?
The exact terms of the right of first refusal depend on the terms in the parenting plan. Some parents put minimum times in the agreement so that they only have to offer the other parent the time with the children if it’s more than a certain time. For example, it may be set up so that the right of first refusal is triggered if the parent needs childcare for two hours or more.
How does the right of first refusal work?
The parent who needs the childcare should contact the other parent as soon as they know they need help. The other parent should provide a response in a reasonable amount of time, which may be clarified in the parenting plan. This should give the parent who needs childcare time to find a suitable caregiver if the other parent is unable to care for the children. The right of first refusal is only one of the terms that should be covered in the parenting plan. It might be beneficial to work with someone familiar with these matters so they can help determine the points that should be included. ]]>On Behalf of Judd & Moss, P.C.<![CDATA[Is proof of domestic violence necessary to divorce?]]>https://www.juddandmoss.com/?p=481742026-02-12T08:03:46Z2026-02-17T08:02:33ZPeople who are violent toward their spouses often go to extremes to manage their image outside of the marriage. They fabricate stories about their spouses so that other people find them less credible. They avoid causing readily visible injuries. They may intimidate their spouses to the point where they feel like they cannot seek out professional medical care or report instances of domestic violence to the police.
Those hoping to leave a marriage plagued by domestic violence may worry that they cannot convince the courts of what has happened due to a lack of credible evidence. Is proof necessary when leaving a marriage due to domestic violence?
Proof is helpful but not mandatory
Credible evidence substantiating claims of domestic violence can be beneficial for spouses filing for divorce. The evidence that they collect could help them secure a restraining order and preserve their privacy during divorce proceedings. Particularly in cases where there are concerns about child custody and the safety of shared children, making efforts to document domestic violence can be valuable. However, for many people, the best option is to exit the marriage as quickly and cleanly as possible. No-fault divorces do not require any proof of misconduct. The filing spouse does not need any documentation to validate their claim that the marital relationship has degraded past the point of repairing it. No-fault divorces are much faster and offer fewer opportunities for controlling or manipulative people to intimidate their spouses. Those considering different options for an upcoming divorce may want to consult with a lawyer. Securing legal guidance can help spouses filing for divorce due to domestic violence understand their rights and take the steps necessary for their protection.]]>On Behalf of Judd & Moss, P.C.<![CDATA[Does age at the time of marriage affect the odds of divorce?]]>https://www.juddandmoss.com/?p=481722026-01-29T09:29:09Z2026-02-03T22:48:01ZWhen very young couples announce that they want to get married, their parents are sometimes concerned. They may tell them to wait until they are older. They may even tell the young couple that getting married at their age means their divorce odds are incredibly high, so they should wait longer so that the relationship is a bit more stable.
This is often hard for those young couples to stomach. They simply want to tie the knot, and they believe it is a good decision. Is it actually true that a person’s age when they get married can affect their divorce rates?
A complicated relationship exists between the factors
Young marriages do indeed have higher divorce rates. According to one study, divorce odds are 11% higher for every year that a couple gets married before they turn 32. So if a young couple wants to get married in their early 20s, their divorce odds certainly are higher than if they waited.However, the same study also demonstrates that the odds of divorce go up by 5% for every year after age 32. Other studies have found that divorce rates have been going up for Baby Boomers and others in their 50s and 60s, which is known as gray divorce.So this shows that things are a bit complicated. Waiting to get married can increase the stability of a marriage, but waiting too long can actually make a couple more likely to get divorced. This may be part of the reason behind the recent surge in gray divorce cases.
Navigating a divorce
At any age, a divorce can be complex. Couples need to understand all of their legal rights when it comes to marital property division, child custody rights and much more.]]>On Behalf of Judd & Moss, P.C.<![CDATA[Why empty nesters may get divorced]]>https://www.juddandmoss.com/?p=481702026-01-16T09:53:30Z2026-01-21T09:52:44ZEmpty nesters are parents whose children have grown up and moved out of the house. For many parents, this simply means that their children went to college, but it could also mean that they got married, moved into a home with roommates, joined the military, or took other steps toward independence.
No matter what this looks like, it is a major change for parents. If they have multiple children, they likely spent decades parenting and focusing on their children’s well-being. Once those children have moved out and it is just the parents living together in the home, it can often feel empty and very different than it did before.
Why would this cause a divorce?
There are a few reasons why empty nesters tend to get divorced at a higher rate, starting with the fact that some parents intentionally wait for this stage of life. A couple may have discussed getting divorced while their children were in middle school, for example, but decided to stay together until the children graduated from high school and became legal adults, believing this would insulate them from the effects of divorce.In other cases, becoming empty nesters makes parents more aware of issues within their marriage. A couple that is solely focused on their children may not realize that they have communication problems or personality conflicts. Parenting takes much of their time and energy, so they may not see the issues in their marital relationship. After they become empty nesters, these issues can become more apparent, which may lead to divorce.While empty nesters typically do not have to deal with child custody issues, property division can sometimes be more complex at this stage of life. Those who are going through a divorce should be well aware of their legal options.]]>