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 […]
When to Hire a Divorce Lawyer
New York’s complex laws make it very difficult for couples who try to tackle divorce without the help of lawyers. Relying on advice from friends or the internet exposes people to costly mistakes and adds even more burdens at an already stressful time. If the parties are looking to save expense and they agree on key issues, […]
The First Steps in Obtaining a New York Divorce
In 2010, New York became the final state to introduce no-fault divorce. To obtain this type of divorce, one of the spouses must affirm that the relationship has been irreparably damaged for at least six months. But even simple, uncontested divorces require detailed paperwork to be filed. Jurisdiction lies with the Supreme Court in the […]
Child Support in New York: Know Your Rights
New York’s child support laws are an essential tool to protect children and their parents. When parents aren’t living together, the state often requires one parent to pay another parent money in order to contribute to the costs of raising a child. While this may seem straightforward, conflicts often arise out of issues related to […]
Understanding New York’s Updated Alimony Law
Governor Andrew Cuomo recently signed a bill into law that changes the way the state’s courts calculate alimony payments. The bill institutes guidelines for temporary maintenance and post-divorce alimony. The most important changes in the new policy are a lower cap on income counted in the calculation of payments and the removal of a policy […]
How Does New York No-Fault Divorce Law Relate to Contested Divorce?
In a contested divorce, couples have one or more disagreements about how to deal with child custody, child support, spousal support or marital property division. Contested issues can exist in both fault-based and no-fault divorces. A no-fault divorce is one that bases divorce grounds on the irretrievable breakdown of the marriage. A Brooklyn contested divorce […]