Prenups and Crypto: How Courts Are Handling Digital Asset Division in New York
The explosive growth of cryptocurrency has added a layer of complexity to marriage and divorce in New York. What was once limited to real estate, retirement accounts, and personal property has expanded to include digital wallets, NFTs, and volatile cryptocurrency portfolios.
As couples enter marriage with a broader array...
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How is Unconscionability Proven in Divorce Cases?
In divorce cases, courts strive to ensure that marital agreements and settlements are fair and reasonable. However, when one party claims that an agreement is unconscionable, the court may intervene to determine if the terms are unjust. Unconscionability refers to a situation where an agreement is so one-sided that it shocks...
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Key Tips for Keeping a Divorce Amicable and Collaborative in New York
Divorce doesn’t have to be a battle. Many couples prefer a respectful, cooperative approach rather than a drawn-out courtroom fight. In New York, an amicable and collaborative divorce can save time, reduce stress, and help both spouses move forward with dignity.
If you and your spouse want to...
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A Guide to New York’s Equitable Distribution Laws
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...
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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...
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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...
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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...
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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
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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...
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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....
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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,...
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How Can I Protect My Gifts in a Divorce?
If you’ve received gifts of cash, property, or heirlooms from family members or friends during your marriage, you may be worried about what could happen to those gifts if you decide to divorce. How do you protect your gifts from property division during a divorce?
Understanding Separate...
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