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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How to Protect Your Inheritance During a Divorce
In New York, state law divides property into two categories during a divorce: marital and separate property. Marital property includes all assets and debts that either spouse acquires during the marriage. Both spouses own this property jointly, and it must be divided equitably in the event of a...
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The Ins & Outs of the Discovery Process in a New York Divorce
Divorces in New York involve many complicated steps, and the discovery process is one of the most important. Discovery is the process during which both sides exchange evidence, clarify key facts, and sometimes have one or more parties submit to questioning under oath. Knowing what this process involves, what evidence the...
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5 Advantages of a Divorce Settlement over Litigation
Divorce is never easy, but how you handle it can significantly impact how stressful or time-consuming the process becomes. While litigation may seem like the only option for resolving disputes, many couples find that a divorce settlement is a far better path forward. Here are five key advantages of choosing a...
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How Long Do I Have to Be Married to Receive Alimony in New York?
Alimony, or spousal maintenance, is a financial arrangement in New York that helps support a spouse after divorce. The duration and amount of alimony depend on various factors, including the length of the marriage, each spouse’s financial situation, and the court’s discretion. Here’s what you need to know about how long...
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Can I Change My Child’s Last Name After a Divorce?
After a divorce, some parents may wish to change their child’s last name for various reasons, such as the custodial parent wanting the child to have the same surname as their new family. However, changing a child's last name in New York requires following a legal process, and courts will only...
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Can Prenups Be Challenged in a Divorce?
A prenuptial agreement, or "prenup," is a legal contract between two people before marriage. It’s designed to protect each person’s financial interests in the event of a divorce. While many believe a prenup is ironclad, that’s not always true. Under certain circumstances, prenuptial agreements can be challenged in court. This blog...
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Is Marital Property Divided 50-50?
Exploring New York's Equitable Distribution Rules
One of the most pressing concerns when couples divorce is how marital property will be divided. Many believe that assets will be split evenly, with each spouse receiving 50 percent. However, this is a common misconception, especially in states like New York...
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Does Losing Your Job Affect Child Custody and Child Support?
Losing a job can be stressful and uncertain, especially when you have child custody and support obligations. Many parents worry about how unemployment might impact their existing custody arrangements or their ability to meet child support payments. It's important to understand that changes in your employment status can lead to modifications...
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What Happens If You Miss a Child Support Payment in New York
Child support payments are a critical responsibility for parents in New York, ensuring that children receive the financial support they need. Missing a payment might seem minor, but it can lead to significant legal and financial consequences. Understanding what happens when a payment is missed is essential for maintaining your obligations and...
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