Should I Take a Parenting Class During My New York Divorce?
Some divorce proceedings are considered “high conflict” due to hostile feelings experienced by one or both spouses, or if one parent has a substance abuse problem, which most likely caused the divorce in the first place. Child custody is one of the main issues to work out in a divorce, but it can be difficult in bitter […]
What Is a QDRO, and How Is it Used in a Divorce Case?
One of the primary concerns in any divorce is the division of marital property, in which the assets and debts accumulated during a marriage are allotted between spouses. Among the most valuable assets in many divorces are retirement accounts, including the popular 401(k), which is utilized by approximately 32 percent of U.S. adults. Unless a couple has a prenuptial […]
What Is a Postnuptial Agreement in New York?
In recent years, prenuptial agreements have largely shed their stigma, as many couples have realized the value and reason behind planning for certain issues that often arise in divorce. By discussing these matters rationally when a couple’s relationship is in a good place, it can prevent contentious battles if spouses enter the divorce process on combative […]
How to Make Divorce Less Difficult
Around 20 percent of marriages in the United States end in divorce within five years, and over 40 percent end prematurely within two decades. Despite divorce being common for multiple generations of Americans, the potential severe emotional impact on spouses and their children remains unchanged. If you are about to begin the divorce process, here are a […]
How Is a Contested Divorce Handled in New York?
There is no disputing the emotional and contentious nature of divorce. Sometimes, the feelings and disagreements involved make it impossible for spouses to effectively work together during the divorce process. In these cases – known as contested divorces– the court must often make the decisions couples simply cannot make on their own. Regardless of whether you are […]
How to Address the Division of Marital Property in a New York Divorce
When a couple begins the divorce process, one primary concern is what happens to all of the assets they share. This may include the family home and its furnishings, bank accounts, retirement savings, investments, and automobiles. When getting a divorce in New York, a couple’s marital property is divided according to the concept of equitable distribution. This means the […]
Penalties for Failure to Pay Child Support in NYC
When a parent who owes a child support obligation fails to pay as scheduled on a regular basis, the court can force repayment and penalize the debtor in a variety of ways. The New York City Department of Social Services Support Collection Unit can take administrative or judicial action to compel full child support order compliance. Here […]
How Does Divorce Mediation Work in New York?
When a couple begins the divorce process, there is usually a great deal of emotion involved, especially if one spouse wants the divorce and the other does not. While it can be difficult to work through the feelings that typically exist, couples who realize they do not want a protracted court battle can avoid some conflicts through […]
Factors in New York Child Custody Determinations
New York courts determine child custody according to what they consider to be in the best interests of the child. There is no automatic presumption in favor of either parent. Of course, what constitutes a child’s “best interests” can be highly subjective and requires analysis based on each family’s unique situation. In many cases, the court will […]
Documents You Need to Gather for a New York Divorce
New York requires divorcing parties to file numerous forms with the Supreme Court in the county of residence. A qualified divorce attorney can help you with obtaining and completing these documents, but the process will run much more smoothly if you can provide your attorney with copies of personal papers. With this information, your attorney can give […]