Category Archives: Divorce

Obtaining a Child Support Order in New York State

Child Support Orders in New York State are issued by either Family Court or Supreme Court. If you are apartied to an action for Divorce, then the order will be issued by Supreme Court. Family Court is one of limited jurisdiction, and it cannot address a Child Support case if Supreme Court is handling the […]

The Divorce Mediation Process

I usually describe Divorce Mediation in New York as forward-looking and solution-setting, whereas Divorce Litigation is backwards-looking. There are numerous mediators in New York State, and they can assist you in obtaining a less contentious Divorce that you can obtain through the Litigation process. It is advisable that you speak with an Attorney at an […]

Handling a Home Owned Prior to Marriage in a Divorce Case

If you owned your home before Marriage, it is possible that you are going to retain that home as your separate property after Divorce. It will depend on how the title was held to the property during the marriage. If you transferred title to your spouse, the court might determine that you gifted all or […]

Is a Divorce Lawyer Necessary?

Question: I haven’t seen my ex husband in 20 years, and I don’t even know where to start looking for him.  I’m 50 years old with health issues and I don’t want to have his last name any more. Download Our Free Divorce Guide Answer: f you file for divorce, you have to have your husband […]

New York State Child Support Calculation

Child Support in New York State is calculated pursuant to the Child Support Standards Act. This is a statute that was originally passed in 1989 that has had many modifications ever since. The underlying impedes behind that statute dictates from the Federal Government. Child Support in New York is based upon a percentage of income. […]

Arguing the CSSA NY Amendment

Question: My divorce trial which included Child Support ended on August 24, 2010 but was not signed and entered until November 10, 2010. Since the law was not in effect on August 24, 2010 I had no knowledge of the new law or that we had the ability to opt out of the added reasons […]

My Divorce Attorney Withheld Marital Assets

Question: He negotiated the division of retirement assets without giving me full disclosure of all retirement plans that my ex husband had from 35 years as a corporate executive. It is a complicated case and I need an attorney that can handle divorce and possibly corporate fraud. Download Our Free Divorce Guide Answer: Did you […]

Will I Lose My Rights to My Jointly Owned Home If I Leave?

Question: We are in the process of getting a divorce, will I loose my rights to our house if I decide to leave? Download Our Free Divorce Guide Answer: You will not lose your economic rights in your home if you leave your home while you are obtaining a divorce. If you move to another […]

Paying for Spousal Maintenance

A concern for many spouses, whether you’re the moneyed or less-moneyed spouse, is: how long do I have to pay or can I receive maintenance? There is temporary maintenance, and there is post-divorce maintenance. Temporary maintenance is paid during the course of an action. Post-divorce maintenance is awarded by a court in the determination, as […]

Arranging a New York State Divorce

How you prepare for Divorce in New York State depends upon the type of Divorce that you are going to have. Is it amicable, contentious, or high conflict? In any type of Divorce, we need a full outline of your financial situation. We are going to need tax returns and credit card statements. A statement […]

Taking Care of Your Inheritance Upon Divorce

Taking Care of Your Inheritance Upon Divorce If you receive an inheritance during your marriage, it may be your separate property. It will depend on how you held that inheritance after you received it. If it was a cash inheritance that you kept in a separate account under your name, and you did not deposit […]