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Category Archives: Divorce

EqualDistr

Equitable Distribution of Rental Properties Creates Confusion in New York Divorce

By Robert S. Sunshine, P.C. |

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 »

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Prenup3

What is a Sunset Clause in a Prenuptial Agreement?

By Robert S. Sunshine, P.C. |

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 »

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Mediation9

What is Mandatory Presumptive Mediation in New York State?

By Robert S. Sunshine, P.C. |

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 »

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DivorceQuestions

Is No-Fault Divorce Under Attack in the United States?

By Robert S. Sunshine, P.C. |

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 »

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DomesticViol3

Domestic Violence and Your New York Divorce Case

By Robert S. Sunshine, P.C. |

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 »

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DivorceCouple2

Study Indicates That Divorce May Be “Contagious”

By Robert S. Sunshine, P.C. |

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 »

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LGBTDivorce

Unique Challenges to Same-Sex Divorce in New York State

By Robert S. Sunshine, P.C. |

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 »

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Alimony23

Types of Alimony in New York State

By Robert S. Sunshine, P.C. |

Alimony, also known as spousal support or maintenance, is a type of payment made by one spouse to another after a divorce has been finalized. In New York, alimony payments made during a divorce are called spousal support, while payments that are made after the divorce has been finalized are known as spousal maintenance…. Read More »

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Mediation7

Should I Retain My Own Lawyer If My Divorce is Mediated?

By Robert S. Sunshine, P.C. |

The answer to this question depends entirely on the complexity of your divorce, the sorts of issues that need to be hammered out in mediation, and whether or not you are comfortable in a scenario where you will not be getting any legal advice. It’s important to understand that a divorce mediator cannot offer… Read More »

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Grandparents

Grandparent Rights in New York State

By Robert S. Sunshine, P.C. |

Not all states afford grandparents rights in child custody cases, but New York State does. The New York courts recognize that grandparents can play a significant role in a child’s life by providing emotional support, love, and parental guidance. In some cases, when a couple divorces, grandparents can be denied access to their grandchildren… Read More »

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