Category Archives: Divorce
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 »
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 »
Appeals Court Considers Equitable Distribution of Marital Lumber Sale
New York is an equitable distribution state. That means that assets are not necessarily divided equally, but rather, according to what is equitable to both parties. In determining what is equitable, the court will consider a number of matters including the relative earning power of both parties pursuant to a divorce. If one party… Read More »
Did the Trial Court Err When Failing to Grant Wife “Cruel and Inhuman Treatment”?
In one case emerging from the Second Court of Appeals, Szablyar v. Zuralau, the parties were married in January 2009. In the original complaint, the plaintiff stated grounds for divorce as cruel and inhuman treatment pursuant to Domestic Violence Relations Law § 170(1). Later, however, both parties stipulated that the grounds for this particular… Read More »
Equitable Distribution of Rental Properties Creates Confusion in New York Divorce
In the case of Raposo v. Raposa, the trial court managed the equitable distribution of certain rental properties that were part of the marital estate. Indeed, the marital estate had accrued considerable value during the 31-year marriage. During the trial, the principal issue that the court was left to consider was the distribution of… 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 »