Category Archives: Divorce
When Divorce Does Not Mean an Equal Split: How New York Courts Handle Uneven Property Division
Many individuals involved in divorce presume that marital assets will simply be divided evenly. This is not true for New York State. Instead, an equitable distribution applies. This means that assets from a marriage will be divided in a manner that is equitable to both parties. An example of an unequal division of the… Read More »
When Fair Does Not Mean Equal: Uneven Division of Marital Assets in New York Divorce
One of the biggest myths surrounding divorce is that marital property is always split 50/50. In New York, an equitable distribution state, that is simply not the case. The standard that is applied during divorce is that the outcome should be fair to both parties. Fair does not necessarily mean equal. In this article,… Read More »
How New York Courts Resolve Disputes Over Alimony After Divorce
In New York, the term “maintenance” refers to what we generally call alimony. It is among the most frequently contested issues in family law. Those paying alimony generally disagree on how much they should pay and for how long. In this article, the Westchester County, NY, divorce lawyers at the Law Office of Robert… Read More »
When Maintenance Isn’t Awarded: Diop v. Gueye and the Discretion of Spousal Support in New York
In the contested divorce case of Diop v. Gueye, the appeals court addressed the trial court’s decision to decline awarding spousal maintenance (alimony) to either spouse. This case highlights how New York law treats maintenance under its formulaic guidelines and the extent of judicial discretion. Background of the case The couple got married back… Read More »
Contract Enforcement After Divorce: A Look at Gravlin v. Ruppert, 98 N.Y.2d 1 (2002)
When couples divorce, their separation agreements become legally binding contracts. But what happens when one parent’s failure to follow the agreement makes it impossible for the other parent to meet their obligations? The New York Court of Appeals addressed this issue in the case of Gravlin v. Rupper, a leading case on enforcing and… Read More »
What is a “No Signature Required” Divorce in New York State?
In New York State, we have something called a “no signature required” divorce or a default divorce, which occurs when one spouse initiates divorce proceedings and the other spouse fails to respond to the Summons and Complaint within the legally required timeframe. The divorce is, thus, allowed to proceed without the other spouse’s signature,… Read More »
What is a Conversion Divorce in New York State?
In the State of New York, a conversion divorce is a divorce that’s been converted from a legal separation into a divorce. It basically allows you to convert a formal legal separation into a full-fledged divorce (either through a separation agreement or a judgment of separation). The result is a final divorce judgment, provided… Read More »
How is Property Divided in a New York Divorce?
To understand how property is divided in a New York divorce, you must first understand the concept of marital versus separate property. Under New York law, marital property includes any assets or debts that were acquired by either spouse during the marriage. It doesn’t matter whose name is on the title. This likely includes… Read More »
Grounds for Divorce in New York State
Divorces have “grounds” or reasons why the marriage is no longer sustainable. In New York, we have both fault-based and no-fault grounds for divorce. This means that you can either blame your spouse for the breakdown of the marriage, or you can simply state that your marriage has irretrievably broken down, a no-fault ground… Read More »
Will Having a Mental Health Diagnosis Affect My Child Custody Arrangement?
If you’re in a particularly contentious custody battle, it’s possible that the other party could raise the matter of your mental health against you during the proceedings. As a society, we have made great strides in addressing the stigma of mental health. This has resulted in more people getting the help they need, fewer… Read More »