Not necessarily, but in a marriage that has spanned decades, it may be true that the bulk of physical and financial assets are effectively shared property that will be allocated between the parties. There are exceptions though. Damage awards from lawsuits are considered separate property, so if … [Read more...] about In A Long Marriage, Isn’t Everything Marital Property?
Are Lottery Winnings Subject To Distribution?
Lottery winnings have been held by courts to be marital assets, and are subject to distribution. While this is the case for most assets acquired during a marriage, there are some categories of property that are considered separate even when they were obtained during the marriage. If you win … [Read more...] about Are Lottery Winnings Subject To Distribution?
What Do I Do When I Believe My Ex-Spouse Has Physically Abused Our Child During Visitation?
Child abuse is an extremely serious allegation to make, and because the consequences can be so severe, you should work to gather as much evidence as you can. If your child came home with obvious injuries, take photographs and talk to your child about how they were caused. Consider taking … [Read more...] about What Do I Do When I Believe My Ex-Spouse Has Physically Abused Our Child During Visitation?
How Can I Enforce Child Support For A Self-Employed Ex-Spouse?
While the state takes proactive steps to collect child support, when a spouse is self-employed, it isn’t as easy as issuing a withholding order to their company’s HR department. When your former spouse operates as a sole proprietorship or similar small business entity and chooses not to pay … [Read more...] about How Can I Enforce Child Support For A Self-Employed Ex-Spouse?
Do I Have To Pay Child Support For A Mentally Disabled Child Into Adulthood?
You probably don’t have to pay child support for a mentally disabled child past the age of 21. While there may be ethical and moral considerations in how you approach this question, the position taken by the State of New York is that there are state-sanctioned services available to disabled … [Read more...] about Do I Have To Pay Child Support For A Mentally Disabled Child Into Adulthood?
How Long Must A Married Gay Couple Live In New York Before They Can Divorce Here?
Matrimonial law for same-sex couples is evolving fast in the United States, but not all states allow married gay couples to divorce. If you and your spouse are considering moving to New York to divorce, one or both of you will have to live here for one consecutive year before you can file. … [Read more...] about How Long Must A Married Gay Couple Live In New York Before They Can Divorce Here?