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...
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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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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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