Category Archives: Divorce
Can the New York Courts Annul My Marriage?
Annulment is the less traditional way to dissolve a marriage. Unlike divorce, when a marriage is annulled, the law declares that the marriage is not valid. There are two types of marriages that can be annulled in New York State. Those are void and voidable marriages. A void marriage is a marriage that essentially… Read More »
Can Mediation Work for My High-Conflict Divorce?
A divorce would be characterized as high conflict when there is a large degree of animosity between the two spouses. In such a case, it may be tempting to litigate your divorce by going to court to battle through every element of the divorce and have a judge render all the final decisions. However,… Read More »
Understanding Alimony (Spousal Maintenance) in New York State
Alimony or spousal maintenance is a financial agreement between two spouses that provides financial support from one spouse to the other. This allows them to meet their expenses and maintain a standard of living that is similar to the one they established during the marriage. Spousal maintenance won’t automatically be granted in New York… Read More »
How Long Do I Have to Pay Child Support in New York State?
Generally speaking, most parents will be paying child support until their child turns 21 years of age. There are, however, exceptions to this rule. For example, child support payments can be terminated if the child is emancipated. This means that the child is self-supporting and no longer lives with their parents. A child under… Read More »
How Does the Divorce Mediation Process Work in Rockland County, NY?
Divorce mediation is a form of alternative dispute resolution that is more amicable, less expensive, and a faster alternative to traditional divorce litigation. During mediation, you and your spouse hire a mediator to help review your divorce case and guide you through the process of negotiating a settlement. The divorce mediator helps you understand… Read More »
Key Differences Between Contested and Uncontested Divorces in New York State
Divorce can be divided into two categories: Contested divorce and uncontested divorce. Understanding the differences between these types of divorce can help you make decisions related to your own divorce process. Essentially, if a couple can agree on all matters related to their divorce, they can proceed with an uncontested divorce. If the couple… Read More »
What is a Qualified Domestic Relations Order in a New York Divorce?
When you divorce, all property that was acquired during the marriage is split between the spouses in an equitable manner. This includes retirement accounts that have accrued value during the marriage. Of course, you can’t raid a retirement account without facing penalties, so how does the retirement account get divided during the divorce? The… Read More »
When Do the New York Courts Award Sole Custody of the Child
If you’re in a heated custody battle, you may be concerned about losing custody of your children. The New York courts default on the presumption that having both parents in the child’s life is in the best interests of the children. The best interests of the child standard is used to decide all custody… Read More »
How Does Legal Separation Differ From Divorce in New York?
Unlike some states, New York provides for legal separation agreements that allow you to separate without getting divorce. This is similar to divorce, but not quite the same. It’s available for spouses who aren’t certain they want to divorce, but need a change of scenery, at least for the short-term. Legal separation agreements can… Read More »
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 »