Matrimonial and Family Law Blog

Thursday, June 27, 2019

Divorce Checklist - What to Discuss with Your Divorce Attorney

When you are contemplating ending your marriage, there are many issues that you need to address. Meeting with a New York divorce attorney as soon as possible can help you address some of these issues and create a plan to protect your best interests and your children’s best interests during the divorce process.
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Monday, June 24, 2019

Dividing Pension Plans, IRAs and Investments During Your Divorce

Retirement accounts, including accounts owned before a couple was married, can be subject to equitable division in a New York divorce. Division of pension plans, investments, and IRAs can be complicated and vigorously litigated. To ensure that your legal rights and best interests are protected, it is wise to consult a Read more . . .

Friday, May 24, 2019

What is a Collaborative Divorce?

Collaborative law is a process of settling disputes without court intervention through an honest, voluntary, good-faith exchange of information between the parties involved in the dispute. The focus of the collaborative divorce process is to arrive at a solution that is beneficial for both parties and their children. In a collaborative divorce, the parties commit to working out the issues related to the divorce without litigating matters in court with the assistance of a
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Thursday, May 16, 2019

How to Manage Your Credit During a Divorce

As you prepare for divorce and go through the divorce process, there are many things that you and your New York family law lawyer will address. An often overlooked matter that can be vital to your future financial stability is your personal credit.
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Monday, April 22, 2019

What is a non-contested divorce?

New York divorce laws permit spouses to end a marriage without alleging fault or contesting any of the issues related to the marriage. The laws also allow spouses to obtain a divorce on grounds such as adultery, abuse, or abandonment without going through costly and time-consuming litigation.

A non-contested divorce or uncontested divorce is the quickest, easiest, and least costly way to end a marriage in New York.  However, that fact does not mean you do not need to consult a
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Monday, April 15, 2019

When Can a Child Choose What Parent to Live With?

It can be difficult for a child when parents divorce. Instead of living with both parents full-time, the child must split time between two homes. In some cases, a child may prefer to remain with one parent instead of the other parent. However, when does a court consider a child’s preference for living arrangements? If your child has a preference regarding custody, consulting a
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Monday, March 18, 2019

Are New York Divorce Records Public?

Most couples do not want the details of their divorce made public for anyone to view, even if the divorce was amicable. However, information about divorces in New York is typically a matter of public record. One reason for making the details of a divorce action public record is because the decisions in some divorce actions may be the basis for arguments attorneys use in future cases, especially for cases that are appealed to a higher court. If you are concerned about the details of your case being available for anyone to read, you can talk to a
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Monday, March 11, 2019

5 Things You Didn't Know About Equitable Distribution During Divorce

Issues related to equitable distribution in New York can be very confusing.  Some individuals only realize their assumptions about property division during a divorce were incorrect after they listen to the judge issue an order dividing assets. If you are unsure about the property division laws in New York, it might be beneficial to meet with a New York equitable distributions lawyer if you are contemplating a separation or divorce.

Five Things You Need to Know About Equitable Division in New York

1. Equitable Does Not Mean Equal

One of the most common misunderstandings about equitable distribution is that the parties must divide marital property equally.
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Tuesday, February 26, 2019

What are the Legal Grounds for Divorce in New York?

Some states require a spouse to claim one or more grounds for divorce to end a marriage. Grounds are “reasons” for the divorce. Other states have adopted a no-fault divorce process whereby one spouse can end the marriage for any reason. New York has chosen to combine the reasons for a divorce. Our
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Saturday, February 23, 2019

What Happens to my Retirement Accounts When I Get Divorced?

New York is an equitable distribution state for divorces. Judges are not required to split all marital assets fifty-fifty between the spouses. The property is to be divided equitably or fairly, which may or may not be an even split. A

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Thursday, January 31, 2019

Five Things You Should Know About Prenups

Marital agreements may not sound romantic, but they offer a variety of benefits. A prenup , or prenuptial agreement, is an agreement you enter before marriage. Each spouse must disclose all money and property they own during the process of deciding the financial rights and responsibilities of each spouse during the marriage. The prenup also addresses various financial matters should one of the parties die or the marriage ends.

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