Dividing property during a divorce is one of the most important financial aspects of the process. In New York, marital property is divided according to the rules of equitable distribution. Unlike in community property states, where assets are split 50/50, New York’s approach aims to divide property fairly based on several...
Examples of Separate & Marital Property Under New York Law
When couples divorce, dividing marital assets is one of the most challenging parts of the process. Who gets the house? What happens to a retirement account? Does an inheritance need to be shared? In New York, the law classifies assets as marital or separate property, and that distinction plays a major...
How Can I Protect My Life Insurance Policy During a Divorce?
Divorce affects many aspects of your financial life, including your life insurance policy. Whether you purchased coverage to protect your children, provide for your spouse, or secure outstanding debts, you likely have questions about what happens to your policy when your marriage ends.
In New York, life insurance can...
Can I Travel Out-of-State With My Child After Divorce?
Divorce brings changes for everyone involved, including children, as the parties transition from living under one roof to sharing custody in two separate households. Suddenly, parenting plans start to revolve around a fixed schedule and detailed rules that were not necessarily in place during the marriage. Many parents make the mistake...
Legal Implications of Divorcing While Pregnant
In New York, you can file for divorce based on several grounds. The most common is “irretrievable breakdown,” where the marriage has failed for at least six months. Other grounds include cruelty, abandonment, imprisonment, and adultery. New York requires at least one spouse to have
The Relationship Between Religion and Divorce
Divorce introduces a world of complicated emotions and challenges into the lives of spouses. Even a relatively amicable end of a marriage is fraught with difficult feelings, marking a significant life change for everyone involved. For many divorcing couples, the divorce only gets more complex when the element of religion is...
What Constitutes Contempt of Court in Family Law Issues?
Family law judges expect that the parties will follow their orders. The reality, of course, is that many individuals often fail to do so. If this happens, the party who is in violation could be facing contempt of court charges. Whether it’s for civil or criminal contempt, the potential ramifications are...
Essential Documents To Prepare During Divorce
Divorce is a process that takes time and careful planning. A necessary step, and one that will continue throughout your divorce, is to organize a number of important documents. These records will help protect your rights and interests while keeping you prepared for the various stages of litigation and settlement discussions....
Factors Considered During Child Custody Decisions in New York
Negotiating a child custody agreement is often the most difficult and important decision you will make while getting divorced. It’s not something you want to let the judge decide. And we doubt you want to try flipping a coin, asking a magic 8 ball, or doing eeny, meeny, miny, moe either.
What Affects the Asset Valuation Process in a Divorce?
When a couple gets divorced, they may have to divide the value of various assets they own as marital property. This process cannot be completed without an accurate assessment of the value of assets such as real estate, business ownership interests, and valuables like jewelry, artwork, or antiques. As a result,...