Category Archives: Divorce

A 529 college savings plan can become a significant financial issue in a New York divorce because the account may contain marital funds even though your child is the named beneficiary. The account owner usually controls the account, including withdrawals, investment choices within plan rules, and beneficiary changes that the plan permits. Your divorce agreement […]

Yes. Text messages can be used as evidence in a New York divorce when they are relevant to an issue in the case, can be authenticated, and are not excluded by privilege or another evidentiary rule. Messages can matter in disputes involving finances, child custody, domestic violence, credibility, parenting schedules, or compliance with court orders. […]

Once a divorce is final, you should review the documents that name a former spouse, control property, authorize financial or medical decisions, or affect your children’s care. For parents in Saratoga, New York, the highest-priority records often include the divorce judgment and settlement agreement, wills, trusts, beneficiary designations, life insurance, retirement plan paperwork, powers of […]

August can be a useful decision point if you have spent months considering whether your marriage can continue. In Saratoga, New York, late summer often brings back-to-school planning, changes in parenting schedules, household budgeting, and decisions about where each family member will live during the fall. August is not legally favored for divorce filings, and […]

After a divorce, the parent who has legal custody or assigned educational decision-making authority will usually control major school decisions. If you share legal custody, your custody order may require agreement, consultation, mediation, or a stated tie-breaking process before either parent changes the child’s school. When you cannot resolve the dispute, a New York court […]

Divorce can be a challenging and emotionally draining experience, but understanding the legal process can help ease some of the uncertainty and stress. If you’re considering filing for divorce in New York, it’s important to be informed about the step-by-step procedure. This guide aims to provide you with a comprehensive overview of the divorce process […]

Divorce can be a complex and emotionally challenging process, and understanding the different types of divorces is essential for anyone going through this difficult experience. In the state of New York, divorces can be broadly classified into two categories: contested and uncontested divorces. Each type of divorce has its own set of requirements, procedures, and […]

When we are talking about the division of assets under New York law, we are talking about the division of both debts and assets that were accumulated during the marriage. The New York domestic relations law has an expansive definition of marital property and a less expansive definition of separate property. Separate property might be […]

 Vacation homes and lake houses often become some of the most emotionally charged and financially significant assets during separation in New York. Under state law, these properties are generally subject to equitable distribution, meaning they are divided in a manner the court considers fair based on ownership history, financial contributions, and overall marital circumstances. In […]

Mahserjian & Mahserjian-Ortiz, PLLC frequently handles complex divorce cases in Saratoga, New York, where digital assets like cryptocurrency are involved. Cryptocurrency is treated as property under New York law, meaning any tokens, digital wallets, or mining profits acquired during the marriage are considered marital property. Equitable distribution requires full disclosure of all assets, and failing […]

Following a divorce, it is essential to review and update key legal documents to ensure that your current wishes are accurately represented. Mahserjian & Mahserjian-Ortiz, PLLC frequently advises clients in Saratoga, New York, on the importance of revising health care proxies and powers of attorney. Divorce can change your legal and financial landscape, and failing […]

 In contested divorce cases in Saratoga, New York, digital communications have become crucial components of evidence. At Mahserjian & Mahserjian-Ortiz, PLLC, clients are guided on how text messages, emails, and screenshots can support claims regarding custody, financial obligations, and spousal conduct. Courts now recognize the authenticity and relevance of these communications when presented properly, and […]

Dividing stock options and restricted stock units (RSUs) in a divorce can be one of the most complex aspects of asset division. At Mahserjian & Mahserjian-Ortiz, PLLC, we help Saratoga residents understand their rights and protect their financial interests. Stock options allow employees to buy shares at a set price, while RSUs are granted shares […]

During tax season, unexpected income can surface that significantly changes the financial landscape of divorce and support cases. Mahserjian & Mahserjian-Ortiz, PLLC emphasizes that courts in Saratoga, New York carefully review new financial information to ensure support obligations and property divisions reflect each party’s actual financial capacity. Income discovered through W-2s, 1099 forms, investment statements, […]

Spring can be a strategically favorable time to begin divorce proceedings in New York, yet the decision requires careful consideration of legal, financial, and personal factors. From court schedules and tax planning to asset valuations and child custody arrangements, timing can significantly influence the overall outcome of a case. For Saratoga residents, working with an […]

Spring brings the annual challenge of tax season, and for individuals who are divorcing or recently divorced in Saratoga, New York, understanding who is entitled to a tax refund can be complex. Mahserjian & Mahserjian-Ortiz, PLLC works with clients each year to clarify these financial matters and ensure their rights are protected. Tax refunds are […]

Before moving forward with a divorce in New York, it’s critical to gather the proper financial records to ensure a fair division of assets and obligations. These documents provide clarity, protect your interests, and support the negotiation process. At Mahserjian & Mahserjian-Ortiz, PLLC, we know how important it is to be well-prepared, and we guide […]

If you’re considering or facing a divorce in New York, the first consultation with a divorce lawyer can seem overwhelming. At Mahserjian & Mahserjian-Ortiz, PLLC, we understand how difficult and emotional this time can be. Our goal is to help you feel informed and prepared as you move forward with the divorce process. Your first […]

 When you’re preparing for a separation in New York and planning to move out of a shared residence, protecting your separate property is vital. Separate property, including assets that were acquired before the marriage or received as gifts or inheritance, remains yours after a separation. However, it’s critical to take the right steps to ensure […]

Valentine’s Day is a holiday centered around love and affection, but for many people going through divorce or custody disputes in New York, it can have the opposite effect. Emotions run high, which can escalate tensions and complicate legal matters. The effects of this holiday can be particularly pronounced in family law, where decisions surrounding […]

Divorce is a life-changing process that affects not only your personal life but your financial stability as well. One of the most critical steps to take before you file for divorce is understanding how to protect your assets. Whether it’s real estate, investments, retirement savings, or even your business, taking the proper steps to safeguard […]