Request Information




How can we help you?


Coming to your aid…

Thursday, April 18, 2013 @ 01:04 PM
Author: Capasso & Associates LLC

I thank you and your staff for all they did to help me.  I need to give you a special thanks for your coming to my aid in paying off my account.  It really felt good to know there are a few people left who really care about their fellow man.  God bless you, Vince.

Residency Requirements

Thursday, April 18, 2013 @ 09:04 AM
Author: Capasso & Associates LLC

Is there a residency requirement before a Court in the State of New York will exercise jurisdiction over your cause of action for divorce?

Generally, yes.

If you are seeking to file a claim against another person (or business entity, government actor, etc.), in any area of the law, you must begin the case in the appropriate forum. Failing to file in the proper Court may result in dismissal before a judge even gets to hear the merits of your case.

In New York, the Supreme Court has subject-matter jurisdiction over marital actions. So, procedurally, if you’re filing for divorce, how do you know when Supreme Court will be able to hear your case? Must the parties reside in the State of New York for a certain period of time before a Court will exercise jurisdiction? The New York Domestic Relations Law provides guidance. Read More

Compassionate and Generous…

Tuesday, April 9, 2013 @ 10:04 AM
Author: Capasso & Associates LLC

Attorney Capasso, I just want to “thank you” for everything you have done for me.  You stood by me, listened to me, and gave me the courage I needed as well as Tim, Lynn and Kim.  You have some pretty amazing people working for you.  Thank you for giving me the courage to start a new chapter in my life with my children.  They are the ones who truly deserve it.  You are a stupendous attorney, very compassionate, and an extremely generous person.  I will never be able to thank you enough.  God bless you, your family and your staff.

Paternity Establishment

Tuesday, April 2, 2013 @ 03:04 PM
Author: Capasso & Associates LLC

Paternity establishment refers to the process of determining the legal father of a child. When a child is born to unmarried parents, the child has no legal father. In New York, unmarried parents can establish paternity in two ways:

  1. by signing a voluntary Acknowledgment of Paternity form; or
  2. by petitioning a court to determine paternity.

What is paternity establishment?

Paternity establishment is the process of determining the legal father of a child. Every child has a biological father, but if the parents are not married, the child has no legal father, and the biological father has no rights or responsibilities to the child. In order for the biological father to be the legal father, the parents must establish paternity for the child. Read More

Question: How is Child Support Calculated?

Friday, November 2, 2012 @ 04:11 PM
Author: Capasso & Associates LLC
Child support is the most litigious aspect of a divorce case. Most issues that come up during the divorce process are resolved once and for all by the final decree of divorce but child support and issues surrounding it may go on for years after the divorce is final. Each state has it’s own laws and guidelines on how child support is calculated.
Answer: All states have a formula established or court rules that determine the amount of child support to be paid. Other issues such as misconduct by the parent or how marital assets are split do not affect the amount paid. State child support guidelines take into consideration the following things:

  • The needs of the child.
  • The ability of the non – custodial parent to support him or herself.
  • The standard of living the child would have enjoyed had the parents not divorced.
  • Provisions for any additional children the non – custodial parent may have. Read More

New York State Divorce Laws

Friday, November 2, 2012 @ 04:11 PM
Author: Capasso & Associates LLC

LEGAL GROUNDS FOR DIVORCE (As found on on 11/2/12):

No-fault Grounds:

As of October 12, 2010 New York is now a “no-fault” divorce law state. Meaning you can get a “no-fault” divorce if, according to either party, the marriage has “broken down irretrievably” for a period of at least six months.

Fault-Based Grounds:

In New York, you can file for a fault-based divorce for any of these reasons:

  • Cruel and Inhuman Treatment: This includes physical, verbal or emotional abuse that endangers your physical or mental well being to the point that it is “unsafe or improper” for you to live with the abuser. The judge will require more than that you simply did not get along with one another. The judge will be looking for specific instances of cruelty that occurred in the last five years.
  • Abandonment: To file for divorce based on abandonment, your spouse must have abandoned you for a period of one or more years. Specific examples of abandonment by your spouse include a physical move from the home or locking you out of the home. Also, if your spouse has refused to engage in sexual relations with you for at least one year, this can also qualify as abandonment and is known as “constructive abandonment.”
  • Three Consecutive Years Imprisonment: This is a ground for divorce if your spouse has been in jail for three or more years in a row beginning after your marriage. Once your spouse has been in jail for three years in a row, you can file for divorce while your spouse is still in jail or up to five years after release from jail.
  • Adultery: You must be able to show that your spouse committed adultery during the marriage. This is usually hard to prove in court, since you need evidence from a third party – someone besides you or your spouse. Read More

Facebook and Divorce

Friday, November 2, 2012 @ 04:11 PM
Author: Capasso & Associates LLC

Facebook CEO Mark Zuckerberg changed his status to ‘married’ recently, but his social-networking website is causing a third of all divorces, a new UK survey has claimed.

According to a the survey, feuding couples are increasingly complaining about their spouse’s behavior on Facebook in divorce filings, with inappropriate messages to the opposite sex being the biggest cause for complaint.

More than 33 per cent of divorces last year listed Facebook as a contributing factor, a study of 5000 divorce petitions by UK law firm Divorce-Online found. The figure has shot up from just 20 per cent in 2009. Read More

Back to school time!

Friday, November 2, 2012 @ 04:11 PM
Author: Capasso & Associates LLC

For the primary resident parent going back to school likely means little will change in the relationship with their children.  But for a parent who does not live with their children all the time settling into a school routine can be tough.  , author of The Smart Divorce, has recently contributed an article to the Huffington Post with suggestions on how parents can maintain their involvement in their children’s lives.

Make A Family Calendar:
Hang it wherever the children will see it, to show that you care. Make your children see that their lives are important to you and that they are your priority.

On the family calendar, list:

  • Birthdates
  • School schedules
  • Other dates, such as dental appointments, dance recitals, sports games, and so on.

Establish Rules Such As The Following:

  • Each parent must order his or her own tickets for children’s events.
  • Each parent must make his or her own arrangements at school to get information. It is not up to your former spouse to do those things or provide information for you. It’s up to you to take the initiative.
  •  Don’t make your son or daughter into the man or woman of the house.
  • Don’t turn your son or daughter into your best friend and confidant.
  • Don’t fill the void in your bed by allowing your child to sleep there. If you eventually start a relationship and no longer allow your child into your bed because you are sharing it with someone else, the child could feel displaced. Read More

Talking to Your Kids About Natural Disasters, War and Violence

Monday, October 29, 2012 @ 04:10 PM
Author: Capasso & Associates LLC
As Hurricane Sandy impacts the United States Eastern Coast, parents should discuss this and other events involving natural disasters, war and violence with their children so that kids are properly educated, prepared and reassured. Scholasticrecommends keeping misinformation to a minimum — ask your child what he/she knows and answer questions sensitively.

Even if your child doesn’t sit down and watch news programs or read news articles, chances are that he/she knows and hears about major events such as Hurricane Sandy, and even some minor ones, just from commercials for the news and by word of mouth. Overheard conversations and rumors at school can lead to exaggerated and inaccurate ideas about what’s going on in the world. And natural disasters can spark an excessive fear for family safety. Listen for comments or questions about what’s going on, and begin the conversation there. If your child doesn’t bring up the topic, the best way to find out what your child knows is simply to ask. A simple, “Did you hear about X?” or “Do you know what’s going on with Y?” is a perfect way to spark a conversation. Read More