There are some situations in which only one spouse will take part in the divorce proceedings. This could be for a variety of reasons — one spouse may live in a different state, for example, or simply be resistant to the divorce occurring. When only one spouse participates in court, the process is called an ex parte divorce. The divorce…
When a couple with children gets divorced, each parent still has a responsibility to help care for and support their children. To ensure that each adheres to this requirement, New york requires the parents to reach a support agreement that formalizes the terms of the support arrangement. This contract specifically outlines each parent’s support obligations and accounts for how often…
When two parents divorce, there are a number of decisions they must make. These include dividing their assets, setting up spousal support and deciding with whom their children will live. In the best situations, parents will mutually agree to a child custody arrangement that is in the best interest of their children. However, occasionally one will believe the other is…
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 “irretrievably broken,” while the latter…
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 in nature, long-term or even…
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 never divorced a happily married…
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 one of the spouses can…
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 York law, divorcing couple’s property…
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 divorce and the fact that…
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 the children after divorce, they…