Author Archives: Jay Butchko
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 »
NY Family Court Denies Extension of Order of Protection
In a recent New York family court case (C.K. v J.D.) the petitioner, a former wife, sought to extend an order of protection filed against her former husband. In New York, the petitioner must establish several requirements for temporary and final orders of protection. For a temporary order of protection, the petitioner must establish… Read More »
Study Indicates That Divorce May Be “Contagious”
A study published by Pew Research appears to indicate that the recent divorce of a close friend or relative dramatically increases the likelihood that you too will get a divorce. Researchers from Brown University analyzed three decades of data on marriage, divorce, and remarriage collected from thousands of residents in Framingham, Massachusetts. The researchers… Read More »
Unique Challenges to Same-Sex Divorce in New York State
In 2015, the U.S. Supreme Court declared same-sex marriage legal in all 50 states. Prior, New York State had already legalized same-sex marriage in 2011 with the Marriage Equality Act. This legislation made it possible for same-sex couples to receive tax benefits, insurance benefits, health care benefits, and numerous other rights and benefits. Today,… Read More »
The Division of Assets and Debts in a Same-Sex Divorce
In 2011, New York State passed the Marriage Equality Act. In 2015, the U.S. Supreme Court ruled that same-sex marriage was legal in all 50 states. Since then, LGBTQ+ couples have enjoyed roughly the same rights and privileges as their heterosexual counterparts. But this hasn’t come without complications. Since same-sex marriage has only been… Read More »
Do Mothers Still Get Preference in Child Custody Disputes in New York State?
Traditionally, mothers were given preference when determining custody by family courts across the country. Today, state courts have shifted to a “best interests of the child” standard that favors neither the mother nor the father when deciding who has legal rights over the child or where they should live. It’s true that, in many… Read More »