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?
Divorce
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?
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?
Does An Annulment Have The Same Type Of Settlement As A Divorce?
If there are significant marital assets or children whose custody is in dispute, then an annulment may have the same settlement features that a divorce would have, while still protecting certain personal priorities, like marrying in one’s faith in the future. When a marriage is voided by fact or … [Read more...] about Does An Annulment Have The Same Type Of Settlement As A Divorce?
What Types Of Fraud Make A Marriage Voidable?
Fraud is the foundation for most annulment petitions in New York, but not any fraud will suffice to win an annulment. When one spouse has lied or concealed something that is essential to the marriage contract, they may have committed a fraud that can cause the marriage to be voidable. … [Read more...] about What Types Of Fraud Make A Marriage Voidable?