In New York State, a Contested Divorce is a Divorce where the parties do not agree on all of the issues that need to be resolved for a Divorce to be finalized. Those issues include the basis for Divorce, child support and custody, division of assets, and spousal maintenance. If even one of those issues […]
Category Archives: Divorce
We are often confronted with a question from our clients as to whether or not they need an agreement to obtain a prompt, Uncontested Divorce. There is some confusion on this issue because parties describe this as a separation agreement. They will then tell us that they do not want to be separated, but want […]
In my opinion, it is impossible for one Mediator or one Attorney to sit with both parties to fully and adequately explain their rights and obligations in the Divorce process. That being said, retaining an Attorney does not need to be as expensive as it would be if you were litigating. Also, it does not need […]
We are often asked about Life Insurance after Divorce. That is an issue that is raised in cases where there is going to be a stream of payments for equitable distribution, spousal maintenance, and child support. It is quite common for the court to order the provision of Life Insurance, if those payments are going […]
Often times during a Divorce action, people are concerned about how mortgage, utilities, and debts will be paid. In some cases, one spouse will abandon those responsibilities financially, and it is up to the court to ensure that the status quo is maintained. The court may direct the withdrawn spouse, or both spouses, to continue […]
Our clients often as us how Dependency Exemptions are handled in a Divorce case. First and foremost, we refer to the federal law, which is the tax code. Under the tax code, the parent who has custody has the right to claim the children as dependents. However, in many instances, the parent’s negotiate an outcome […]
Many times, a client will come to me concerned about how to pay for a Divorce action, particularly with litigation. I saw to them that they can seek, through the court, a request for Attorney’s fees to be paid by the moneyed spouse. Obviously, the qualifier here is that they are the less or non-moneyed […]
There are a number of Grounds for Divorce in New York State. The Grounds for Divorce is the basis for the granting of the actual Divorce, and those Grounds are contained in New York statutes. Historically, we only had Fault-Based Divorce in New York, but we now have No Fault Divorce. Download Our Free Divorce […]
To obtain a divorce, we must state a grounds for divorce in the divorce paperwork. There are still a number of fault based grounds for divorce in New York State law, however for the overwhelming majority of our clients, and almost all of our clients on the Uncontested Divorce website, we file a no-fault divorce. […]
When we’re talking about the division of assets under New York law, we are talking about the division of assets and debts 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 a bank […]