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Tag Archives: divorce

The Cheating Factor: Can Adultery Affect Alimony in NY?

Marriages can break up for a number of reasons. One of the more common reasons is that one of the spouses committed adultery. Under New York law, divorcing couples have the right to seek either a no-fault or fault divorce. The difference is the former requires no legal grounds other than that the marriage is… Read More »

The Types of Alimony in New York

When a couple divorces, they are occasionally on uneven ground financially. This may be due to their unequal earning potential or because one has foregone their career aspirations to care for the couple’s children. Under some circumstances, one of the spouses may be required to support the other one financially. This support can be temporary… Read More »

Seeking an Annulment in New York

Though annulments have the effect of ending a marriage, they are different in various ways from divorce. Divorce dissolves a marriage, while an annulment declares it void.  Marriage is a legal contract. Just like any other contract, there are certain requires that the contract must meet in order for it to be considered valid. If… Read More »

New Year’s Resolutions and Divorce

On the day after Christmas our office received 9 new cases.  Almost double what we receive each day.  The day after New Year’s, and the month thereafter we will receive far more than any other time of the year. Before the reader starts to develop a “divorce is bad” attitude remember these maximums:1- we have… Read More »

Uncontested Divorce in New York: A Primer

When a marriage dissolves, there are a number of situations that may arise. Occasionally, both spouses will not both agree to the divorce or on some aspect of the divorce, such as property division. In those cases, the case would proceed as a contested divorce. Alternatively, sometimes both parties will agree on all terms of… Read More »

Separate Versus Marital Property: Understanding the Difference

Getting married means agreeing to share your life with another person. It also means agreeing to share property: a home, furniture, vehicles and bank accounts. This merging of assets is a natural byproduct of marriage. However, if a couple decides to part ways and divorce, it can be difficult to split these items.  Under New… Read More »

Will You Need to Sell Your Home in Your Divorce?

Although you don’t necessarily have to sell your home after you go through a divorce, it is certainly a common occurrence. Most people that do sell their homes after divorce do so for one of the following reasons:  They can no longer afford the mortgage payments on the home because of the terms of their… Read More »

When Parents Dodge Support Obligations: Imputing Income

When a child is born, his or her parents inherit the joy and responsibility that comes with having a child. Emotionally, it does not matter if the child is one or 40 — most parents will always harbor a deep connection with their child and feel a responsibility to that person. Legally, being a parent… Read More »

How Does Religion Factor into Custody Arrangements?

In some circumstances, courts may look at the way children are impacted by religion in determining which parent will get child custody in a divorce. It is one of five decisions made by married parents that must be made jointly, alongside decisions of residence, health care, recreation and education.  As courts analyze how religion impacts… Read More »

What is an Order of Protection?

An order of protection, often known colloquially as a restraining order, is a type of legal document that protects you and your property from another person. In the realm of family law, orders of protection are often issued toward ex-spouses who are or have been abusive or who refuse to stay out of the lives… Read More »

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