QDROs: Dividing Retirement Accounts in New York 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…
8 Common Confusions When Dividing Assets in a Divorce Discord in a divorce can quickly escalate when it comes to dividing assets. Spouses will often find they have stark disagreements about what’s “mine” and what’s “ours,” and about what constitutes “fair.” On top of this, many people enter the divorce process with confusions or misconceptions…
Waiting on a Divorce Decree Question: I am currently waiting on the judge to sign the divorce decree, my question is how will I know when that has been done, since I do not have a lawyer and he does, will I be notified that the divorce decree has been sign by the judge. Will…
Having Difficulties with a Divorce Appeal Question: My lawyer did not advise me that I had 30 days to appeal after the judge signed my divorce papers. Is there anything I can do? My lawyer did not want to use mental health of my ex as a reason even though I had tape recordings proving.…
Three Tips to Get Your Ex-Spouse’s Junk Out of Your House Download Our Free Divorce Guide Question: It’s been over 2 years since our divorce. We were married for 18 years and he still hasn’t removed his expensive tools and other personal items that are stacked up and taking up cupboard space in my garage. He probably…
What Reasons Would I Have to Pay Spousal Support? Question: I live in NY and have been married 7 yrs. I make more $, house was mine prior to marriage, no kids. What reasons would I have to pay support ans I thought NYS was a state that no longer had alimony for irreconcilable differences? Download…
Dividing a Premarital Pension After Divorce If a defined benefit pension plan existed prior to the marriage, the post-divorce division will be based upon the total amount of time the titled spouse participated in the plan, and how long he or she was in the plan while married. In most cases, 50% of the portion…
How Can I Change My Child’s Last Name? As a dedicated Saratoga Family Law Attorney, I am often asked how to change a child’s name to match a parent’s. If you want to change your child’s name to match yours, you will first file a petition in the Supreme Court – rather than the family…
Saratoga Divorce Attorney on Your Rights to a Home Bought Before Marriage Will I have rights to our house (or its value) in a divorce if my husband purchased the house before we were married? Question: My husband bought our house before we were married, but we have always both lived in it together. We…
Saratoga Divorce Attorney Explains How to Initiate Divorce How do I let my spouse know I want a divorce without making a bitter enemy? Question: Their is no trust in are relationship and my spouse refuses to seek counseling help as a couple. My spouse constantly plays the victim role and is very insecure. Download…
Saratoga Divorce Attorney Explains if You Can Get Divorced in NY When Married in Another Country Can I get divorce in New York while wife is in India and cannot come? Question: I was married in India in November 2008. My son was born in 2010 in India only. We moved to USA in 2013.…
