Contested Divorce Compared To Uncontested Divorce 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…
Is a Separation Agreement Required to File for an Uncontested 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…
Attorney Assistance with the Mediation Process 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.…
Continuing Life Insurance Upon Divorce 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,…
Paying for Mortgage and Other Bills in the Divorce Process 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…
Paying for Child Support with Non-Reimbursed Medical Bills In New York State, there are a number of mandatory add-ons to Child Support. In addition to the basic Child Support Payment that is paid each month by the non-custodial parent to the custodial parent, there are additional expenses that must be paid. Those expenses include Non-Reimbursed…
Handling Dependency Exemptions with Your Divorce Case 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…
Attorney Fees in Your Divorce Case 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…
The Grounds for Divorce Process in New York State 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…
Filing for Child Support if My Spouse Lives in A Different State If your spouse resides in another state, you may not be able to file for Child Support in New York State. That will depends upon whether or not your spouse resided in New York State, prior to moving away. It may also depend upon if your spouse…
Grounds For 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…
Child Support In New York State, the non-custodial parent pays child support to the custodial parent. Now that issue gets a little sticky when we have parents who are sharing custody equally. Under New York case law, the non-custodial parent is the parent who earns more money however that does not mean that in every…