Division of property is a hotly debated topic in many divorces. A recent Appellate Division case defined an instance when separate property is not actually separate property. In New York, the assets and debt of the marital estate are subject to equitable distribution during divorce. When couples cannot agree on how to distribute their property, the court strives to divide…
Is the family business profitable or broke? During a divorce, sometimes the only opinion that matters is one provided by an expert. As it turns out, many of our clients benefit from the appropriate use of experts during their divorce proceedings. New York law allows courts to require payment of fees for legal counsel and experts by either party. The…
Your marriage is over and you want to save money and time and prevent the emotional trouble many people experience during a divorce. Mediation seems like a good option. What should you do? Mediation is an informal process that is usually less expensive than other methods of divorce, including the collaborative divorce process and litigation. By keeping conflict low, mediation…
A few slipped sentences to radio host Howard Stern could spell a significant financial loss for Oksana Grigorieva, the former girlfriend of actor Mel Gibson. A Russian pianist and singer, Oksana Grigorieva gained household recognition in the United States as the girlfriend of actor Mel Gibson. When the relationship soured, allegations and audio recordings emerged to paint a painful portrait…
Mediation is a popular process for getting through divorce on decent terms with your spouse. Using mediation can protect your children and your wallet from the effects of a contentious litigated divorce. What are the pros and cons of divorce mediation? Mediation is a form of alternative dispute resolution (ADR) intended to create a low-conflict setting for spouses and others…
When a spouse earns a professional degree or license during a marriage, that spouse’s increased earning potential is marital property subject to equitable distribution in New York. Experience has shown, however, that the principle is far easier to articulate than to execute. Consequently, recent reform efforts are aimed at eliminating that section of the law. Reform proponents point to the…
To foster stability for children, courts favor custody plans that are designed to be fairly permanent. But the law also recognizes that things change. Circumstances beyond the control of the parents can render a plan unworkable. In the worst cases, a vindictive parent actively undermines the child custody plan, forcing the other parent to seek relief from the court. After…
It’s normal to feel isolated when you are facing the end of your marriage. The truth, however, is that you are far from alone. Tens of thousands of people go through divorce every year in New York State. With the help of an experienced domestic relations attorney, you can see the process through to a fair resolution and move on…
The men and women who defend our country face special challenges during divorce and child custody litigation. Fortunately, state and federal laws prevent a parent from using the military status of the other parent to gain an unfair advantage in custody and support disputes. The fact that a military parent may be deployed or transferred cannot be held against that…
There is a presumption under New York law that continued contact with both parents is in the best interests of the child after a divorce. So, even when one parent receives full custody of the child, the other parent is almost always entitled to visitation. Nonpayment of child support is not grounds for denial of visitation rights. Even when a…