While the state of New York does now allow no-fault divorces, you can still also pursue a fault-based divorce if you wish. In such a scenario, it is your responsibility to prove the other spouse’s misconduct in the marriage caused its irretrievable breakdown. Common grounds for fault-based divorce include adultery, cruelty, substance abuse and insanity. Imprisonment can also be used…
Perhaps the most important early step of your divorce process is choosing an attorney to represent you in the coming months. There are going to be plenty of options out there in the field of divorce and family law, so it’s important you do your homework and find an attorney with whom you are completely comfortable in this emotional, personal…
Most of the time, you can trust that if a court hands down direct orders to your spouse on a divorce-related issue, that spouse will comply. However, there are plenty of circumstances in which divorcing spouses will either violate court orders or fail to obey them entirely. What do you do if this becomes an issue in your case? If…
Social media has become an inescapable part of life for many people across the world. People freely share photos, articles, videos and status updates with family, friends, acquaintances and, in some cases, complete strangers online all the time. When you’re going through a divorce, however, it’s important to be careful about what you share online, because your postings can be…
It is extremely common for people in their estate plans to grant their spouses power of attorney in the event of their incapacitation. However, if you should get divorced, you obviously do not want your spouse to still have this power. The question then becomes whether your divorce will automatically revoke a power of attorney, or if there are extra…
Not all divorces go to trial. However, in those that do, it is important you are properly prepared for everything that could happen in the courtroom. While every divorce has its own set of issues and circumstances to take into consideration, there are still certain steps everyone going to trial for their divorce can take to better prepare themselves. Your…
It’s somewhat common for separating or divorcing couples to leave behind some of their possessions in their former marital home where their former partner still lives. After all, married couples collect a lot of possessions over the years and it can be difficult to put together a full inventory and get everything out of the house immediately. There are often…
One question frequently considered by couples who are trying to decide whether or not they should end their marriage is: should we get separated or should we begin the divorce process? The answer largely depends on the circumstances of your relationship. If you have children together, for example, it might be more emotionally difficult for you to officially end the…
Many divorces are precipitated (in part) by poor communication, so it might feel unrealistic to expect good communication after a divorce is finalized. However, if the two of you have children together and will share custody, good communication is absolutely crucial to a healthy and happy life for your kids. With this in mind, here are some tips for how…
Asset distribution can quickly become a point of contention during divorce settlement negotiations. It is typically in the best interest of both spouses to keep the issue out of the courts and reach an agreement on their own — but this is not always an easy process. So, what should you do if you and your spouse simply cannot reach…