All 50 states allow for no-fault divorces, but there are some circumstances in which you might prefer to get an annulment instead. While most marriages don’t qualify for an annulment, those that do might be better served by this process rather than divorce. The following are a few common reasons why people choose annulments: New information has come to light:…
Until 2010, New York couples could not legally seek a “no-fault” divorce. Before that time, couples would have to demonstrate that they had officially separated, or that certain behavior of one spouse qualified as grounds for divorce. Today, couples may seek no-fault divorces if one spouse states under oath that there has been an irretrievable breakdown of the marriage for…
Divorce mediation is one of the most effective processes for keeping your divorce case out of the courts, which makes it a popular choice for divorcing couples. However, there are some misconceptions regarding the mediation process that might make people unnecessarily anxious. Below are a few of the most common myths related to divorce mediation (and the truths behind them):…
Whether you are preparing for a marriage or going through a divorce, you may have questions about the process for changing your name. The following are answers to some of the most frequently asked questions we receive from our clients: Q: Do I need to go to court to get a name change? If you are changing your name to…
A prenuptial agreement is an effective tool to help you keep your finances separate, protect yourself from potential debt, keep your property in your family, clarify who is responsible for what during your marriage and planning what happens to your property in the event of a divorce. However, there are limits to what prenuptial agreements can accomplish. The general rule…
Divorces can be incredibly stressful affairs that are difficult on you and your children. However, the worst-case scenario for your divorce does not have to come to fruition. A little careful planning and preparation can help you mitigate the potential problems that could come your way in your divorce. The following are a few examples of steps you can take:…
One of the most important steps to take before you file for divorce is to create a full inventory of all your personal and joint accounts. This includes accounts with banks, credit unions, credit cards, brokerages and lending institutions. Included with this list should be the following All account numbers Whether the account is listed in your name, your spouse’s…
When you begin the divorce process, you must understand the rules about where you can file your papers and which court has jurisdiction over your case. These are known as residency requirements. Before you can file, you must satisfy the basic legal requirement that either you or your spouse have a residence or domicile in that state. The concept of…
Just like a divorce, a civil annulment ends a marriage. However, the effect of an annulment is that the law will not recognize the marriage as ever having existed. It is not easy to get an annulment. Your marriage can only be annulled on certain grounds, such as: One spouse was not of sound mind at the commencement of the…
In today’s digital-heavy age, it has become increasingly likely that electronic assets will become subject to a review during the divorce process. To that end, it’s important to think about what will happen to your emails, texts, Facebook posts, Tweets and other electronic communications and data. You might consider having your legal team dig into your social media posts and…