What Is a Contested Divorce Under New York Law?
Understanding Disputed Divorces in the Empire State Key Takeaways: A contested divorce in New York occurs when spouses cannot agree on essential issues like property, support, or parenting, requiring a Supreme Court judge to decide. Unlike an uncontested case requiring full agreement, a contested case demands detailed sworn financial disclosure and often multiple court appearances. […]
Can Commingling Turn an Inheritance Into Marital Property in New York?
Understanding How a New York Inheritance Can Lose Its Protected Status Key Takeaways: Yes, commingling can transform an inheritance into marital property in New York. While inheritances begin as protected separate property, property acquired during marriage is presumed marital, placing the burden on the inheriting spouse to prove separate character. Depositing inherited funds into joint […]
Is Inheritance Marital Property in a New York Divorce?
Understanding How New York Classifies Inheritance in Divorce Key Takeaways: In most New York divorces, inheritance is treated as separate property and not divided between spouses under equitable distribution. However, this protection isn’t automatic, inheritance can lose its status through commingling with marital funds or when value increases due to a spouse’s efforts. To preserve […]
How to Prepare for a Divorce Filing in Brooklyn, New York
Getting Ready to File for Divorce in Brooklyn: A Practical Guide Filing for divorce is one of the most significant legal decisions you may face. If you live in Brooklyn and are considering ending your marriage, you likely have questions about residency rules, legal grounds, property division, and where to file your paperwork. New York […]
What Happens to a 401k in a Brooklyn Divorce?
How a Brooklyn Divorce Affects Your 401k and Retirement Savings If you are going through a divorce in Brooklyn and have a 401k, you are probably wondering whether your spouse can claim a share of it. The short answer is yes, in most cases. Under New York Domestic Relations Law (DRL) § 236(B)(1)(c), marital property […]
What Are the Grounds for Filing for Divorce in Brooklyn?
Understanding the Grounds for Divorce in Brooklyn, New York Filing for divorce is a significant legal decision, and understanding the grounds available under New York law is essential for protecting your rights, your children, and your financial future. New York State recognizes seven legally acceptable grounds for divorce, including the no-fault ground of irretrievable breakdown […]
Gray Divorce Presents a Host of Complex Challenges
Divorce later in life is on the rise in the United States. The term “gray divorce” typically applies to couples deciding to end their marriage after the age of 50. While divorce at any age has profound consequences, separating later in life brings a set of unique challenges that can have significant long-term repercussions. Multiple […]
As New York Passes Bill Decriminalizing Adultery, How Does Cheating Affect a Divorce Case?
While cheating on one’s spouse is might not be ideal behavior, it is no longer a criminal offense in New York State. Though the law barring adultery was on the books here for more than a century, prosecutors haven’t brought more than a handful of these charges over the past several decades. However, if you’re […]
More Divorced Parents Sharing Their Homes in “Birdnesting” Arrangements
When parents divorce, children often have a very difficult time adjusting to their new life, which typically has included splitting time between two different homes. However, more families are opting for a custody arrangement that minimizes disruption for young people and offers potential benefits to parents as well. A “birdnesting” plan is a non-traditional co-parenting arrangement where […]
If You Have a Living Trust, Do You Need a Will?
A living trust is a means of transferring property to designated beneficiaries upon your death. It serves many of the same purposes as a will and is often touted as preferable, since property in a trust does not have to go through the expense and delay of probate. So if you have a trust, why […]