Divorce

Contrary to popular belief, there’s no advantage to be had in filing for divorce first. If you and your spouse are talking about divorce, don’t feel like you’re in a competition to get to the courthouse. New York courts are firmly committed to creating a fair and equitable outcome for both … [Read more...] about Does It Matter Who Files For Divorce First?

Yes, child custody, visitation, and support issues can – in fact, must – be decided as part of your divorce. If your divorce is uncontested and you and your spouse can negotiate these issues and develop a plan you can both abide by, the court will likely accept your resolution. If you can’t … [Read more...] about Can Child Custody, Visitation, And Support Be Decided In Divorce Or Do I Need To Go To Family Court?

There’s a good chance that the court will view a piece of land or real property you purchased during the marriage as marital property to be equitably divided. In the past, holding the title to a piece of property typically meant the title holder kept it upon the dissolution of the marriage, but … [Read more...] about I Bought A Piece Of Property During The Marriage That Is Only In My Name And Which I Bought With My Own Money. Is It Separate Or Marital Property?

Your only hope in removing your spouse from the marital residence is through a court order, and in New York, there are only a couple of reasons the court will order that. First, if there is violence or the threat of violence, the courts will act to protect your safety or to protect your marital … [Read more...] about How Do I Kick My Spouse Out Of Our Marital Residence?

In most regards today, the grounds for divorce have little impact on the outcome of the proceedings, which is why all 50 states now allow for no-fault divorces. One exception is when there are minor children whose custody may become contentious. If you are unable to reach a satisfactory … [Read more...] about How Do The Grounds For Divorce Affect The Outcome Of The Case?

“Irretrievable breakdown” is New York’s version of “irreconcilable differences,” and allows for one spouse to unilaterally receive a no-fault divorce provided that; a) Your relationship with your spouse has broken down irretrievably, b) The relationship has been irretrievably broken for a … [Read more...] about What’s The Advantage In Filing For Divorce On “Irretrievable Breakdown” Grounds?