As an experienced Albany Family Law Attorney I am often asked about the process of Spousal Support. In New York State, there are two types of Spousal Maintenance. There is temporary maintenance, and there is post-divorce maintenance. Temporary maintenance is the spousal support that you receive while in action for divorces on-going. Spousal maintenance is […]
Category Archives: Divorce
I often get questions from clients as a Albany Divorce Attorney about going through an Uncontested Divorce. If you and your spouse agree upon all the issues that must be divided in your Divorce, you can obtain an Uncontested Divorce. To obtain an Uncontested Divorce, you must have a written agreement on all of the […]
Question: I have a lawyer who I have paid to file a divorce for me. At this time, I have no notice they have. I don’t have money to get another lawyer, and I think that my county (Schenectady) has offerings for lawyers for those who don’t have the income to pay for them. I […]
Question: I’ve been married for 17 yrs and my husband has an issue with seeking emotional comfort elsewhere. We have a 10 year old and I don’t want her to be dragged into a nasty divorce. I just want out…he can have the house etc….I don’t want anything from him. How difficult is the process […]
I am often asked as a Albany Divorce Lawyer what to do in regards to selling or keeping the home during a divorce proceeding. The marital residence is often, but not always, the largest asset held by the parties. If one party expresses a desire to maintain and retain the house, we have to determine […]
If you’re going to be filing for Divorce, there is a significant amount of information that your attorney is going to need. They are going to ask you questions about the history of your marriage, when you were married, how many children you have, where else you have lived, who cares for the children, and […]
Historically, In New York State, we had only Fault Grounds for Divorce. This resulted in substantial litigation, and it was not often about the Fault Grounds for Divorce. We litigated because the parties did not agree on the financial issues, which leveraged those issues through litigating Fault Grounds. Several years ago, the New York State […]
When you go through a mediation process in New York, your mediator prepares an agreement at the conclusion of the mediation. That document is called a Memorandum of Understanding, also known as an MOU. That document is not signed by the parties, and it is not a valid or enforceable separation agreement. It is a […]
New York is an Equitable Distribution state. Equitable means fair, and in the vast majority of cases in New York State, property is divided equally. It is New York public policy to value the contributions of the spouse who stays home to care for the family equally to the contributions of the spouse who is […]
All property that is acquired during the marriage is divided in a Divorce in New York State. That includes all deferred compensation plans and defined benefit plans. A defined benefit plan is a plan that pays a specific amount of money every month after retirement. A deferred compensation plan is a plan that consists of […]
Question: I have not received the full amount of money from my ex-husband as stated in the divorce decree – this has caused me to not sign the quit claim on that home. Do I have to sign this or do I still own 1/2 of the house since my name is on the title […]
Question: My wife attested the divorce after signing separation papers and accepting money that she asked for. She’s received everything shes asked for and cashed the check. I was granted the divorce by a judge. She states she was not informed on the monies. We agreed to use same attorney to save money. Download Our Free […]