Author Archives: Jay Butchko
Appeals Court Discusses Property Characterization in New York Divorce
Some people believe that the wife gets half of everything that the husband earns. This belief lacks nuance and fails to understand how the law works. Generally speaking, any property income, or asset you acquired during the marriage is property of the marital estate. When a divorce occurs, the marital estate is divested and… Read More »
What is the Best Interests of the Child Standard in New York State?
When determining child custody, judges have to base their decision on some standard to determine how custody arrangements will be made. Prior to the “best interests of the child standard,” most states favored mothers in custody disputes and would assign them the bulk of the custody rights and parenting time. Today, we use a… Read More »
Setting Up a Successful Parenting Plan
Navigating the complexities of co-parenting after a divorce is challenging. Your life will change in ways that you’ve yet to anticipate. You and your former spouse will have to sit down and discuss issues such as visitation schedules and custody arrangements for your children. If you and your former spouse cannot reach an agreement,… Read More »
Benefits of Mediation for High-Asset Divorces
Regardless of whether you want to, New York State requires divorcing couples to at least attempt to resolve their matters in mediation prior to taking their case to trial. During trial, a judge will decide all matters or those that could not be resolved in mediation. But making a good-faith effort to resolve your… Read More »
Researchers Can Predict Divorce with 94% Accuracy Based on This Communication Error
Is there some secret formula for the success of a marriage? Today, about 40% of all first marriages end in divorce. The numbers are even higher for second and third marriages. To explore the key to a “long-lasting” relationship, John Gottman, Ph.D., a relationship and marriage researcher and therapist, cofounded The Gottman Institute with… Read More »
Appeals Court Decides Complicated Case Involving Religious Invalidation of Marriage
In the case of T.I. v. R.I., the court was called upon to determine if the parties’ marriage was recognized in the State of New York even though the parties never obtained a civil marriage license. To make matters more complicated, a religious tribunal annulled the religious marriage at the request of the husband… Read More »
How Does Adultery Affect the Divorce Process in New York State?
Any individual who is seeking a divorce in New York State must explain to the court the reason for their marriage’s dissolution. In New York, infidelity or adultery can be grounds for divorce. If your spouse has been unfaithful, and you want to divorce them, you should discuss the infidelity with your attorney. A… Read More »
Understanding Domestic Relations Law § 170
Divorce is the process by which a marriage is terminated. Since marriage is a legal relationship, when a couple decides they no longer want to stay married, one or both parties must file paperwork with the Supreme Court of New York asking that it grant the divorce. The legal process for ending a marriage… Read More »
Can I Modify My Child Support Order in New York?
Yes, but there is a caveat. In New York State, either the custodial parent or the non-custodial parent can petition the Family Court for a modification of child support. In either case, there are two facts that the petitioner must establish. First, the petitioner must show that there has been a substantial change in… Read More »
Defendant Contends That Divorce Parties Never Had an Actual Marriage
In the case of Joseph v. Singh, the defendant contended that the Supreme Court had no authority to enter a judgment of divorce and should have dismissed the complaint because the parties never entered into a valid marriage with one another. The trial court rejected this argument, and entered a judgment of divorce. The… Read More »