Category Archives: Divorce
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 »
No Signature Divorces in New York State
You no longer need the consent of both parties to pursue a divorce in New York State. In most cases, the individual filing for divorce must formally serve the other spouse with the divorce papers. For the divorce to continue, the other spouse must respond to the summons. However, in New York, if the… Read More »
What is a Conversion Divorce in New York State?
A conversion divorce is a divorce that proceeds from a legal separation. In other words, the couple has been legally separated for some amount of time, and then they finally decide to get a divorce. Once this happens, the separation is “converted” into a formal divorce that proceeds as it would in any other… Read More »
Allegations of Adultery in a New York Divorce
All divorces have grounds or reasons why the divorce is occurring. Some states only allow for no-fault grounds, while other states allow you to “blame” your spouse for the breakdown of the marriage. In New York, we have both no-fault and fault-based grounds for ending a marriage. One of the potential fault-based grounds is… Read More »
Am I Responsible for My Partner’s Student Loans During Divorce?
One question that we (as divorce attorneys) are frequently asked is whether or not one spouse is responsible for the other spouse’s student loans if they divorce. The answer to this question is: “it depends.” To answer this question, you need to know a little bit about New York’s equitable distribution laws. Understanding how… Read More »
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 »