Monthly Archives: May 2024
Foreign Prenuptial Agreement Vacated by New York Courts in Divorce Action
Broadly speaking, prenuptial agreements are enforceable under the law. The law doesn’t care whether or not the agreement disadvantages one party or not. If you signed the prenup, then chances are good that it’s enforceable. However, complexities arise when the New York courts are asked to uphold an agreement that was entered into under… Read More »
What is a Sunset Clause in a Prenuptial Agreement?
A lot has been written about prenuptial agreements and how they’re gaining popularity across the United States. Today, more Americans are signing prenuptial agreements before they get married. There are numerous good reasons for this. If you want to keep certain properties separate from the marital estate, a prenuptial agreement is a great way… Read More »
What is Mandatory Presumptive Mediation in New York State?
In 2019, New York State passed a rule requiring the majority of couples to mediate their divorces prior to litigating them in court. Mediation is a negotiation process that is handled by a neutral third party who helps the couple draft a divorce decree that addresses all major issues related to their divorce. Litigation,… Read More »
Is No-Fault Divorce Under Attack in the United States?
For much of American history, getting a divorce was difficult. Some states outright banned the practice entirely. Others required a spouse to prove to the court that their spouse had done something wrong to cause the breakdown of the marriage. It wasn’t until 1969 that California became the first state to permit “no-fault” divorces…. Read More »
Domestic Violence and Your New York Divorce Case
Statistically, a third of all women and a quarter of all men will suffer some form of domestic violence in their lifetime. This includes spousal abuse such as stalking, rape, and physical violence. Emotional abuse, including degrading remarks, verbal threats, or controlling behavior is even more common. If you are considering filing for divorce… Read More »