When the coronavirus pandemic set in and courtrooms shut down, the courts in New York went virtual. As helpful as the virtual option was, the fact remained that litigation, which decides issues with real effects on lives, was extremely challenging in an online environment. Now that divorce litigation is taking place inside courtrooms again, everyone is wearing face coverings, and…
As divorce lawyers, we know that every couple’s financial circumstances are unique. One situation that may arise is where one spouse is primarily supported by his or her parents. This might be called the problem of the freeloading spouse. If your spouse doesn’t have income or assets in his or her own name, are you entitled to a portion of…
The financial implications of divorce are often what cause the most conflict. This can be particularly true when one spouse brought significantly more assets into the marriage or earned a higher income during the marriage. When a couple like this gets divorced, each spouse has concerns. The spouse who is more well-off probably doesn’t like the idea of losing large…
In June 2015, maintenance law was changed in New York State when the Senate passed new legislation that set forth a statutory formula to determine the duration and amount of spousal maintenance to be paid by the higher income spouse to the lower income spouse upon divorce. This law, which would apply to divorces filed after January 25, 2016, was…
The coronavirus has put a strain on all of our lives, our businesses and our public institutions, including the courts. Across New York, most courts were closed for an extended time earlier in the pandemic. They have since reopened, at least partially, in most areas, so citizens can have their legal issues resolved as timely as possible under the circumstances.…
Divorce can be an expensive proposition. Attorneys’ fees can climb quickly while spouses argue over child custody, alimony, property and other issues. Sometimes, a spouse will initiate a divorce proceeding believing that the other spouse will be responsible for paying the legal fees for both parties, along with all the other costs associated with the proceeding. But in actual practice,…
One of the common misconceptions heard from divorce litigants is the notion that husbands are required to pay all the legal fees. In reality, New York law is gender neutral. The court can require one spouse to cover some or all of the other’s attorney’s fees or can require each spouse to pay their own. The New York Domestic Relations…
The term “narcissist,” much like “bipolar” or “OCD,” tends to be frequently misused. A true narcissist is more than just someone who’s self-absorbed—they also lack empathy, tend to be highly exploitative and may go out of their way to cause harm to others. A person with narcissistic personality disorder can make matters extremely difficult during the divorce process, so it…
While it’s certainly not easy to talk to your children about your divorce, it needs to be done sooner or later. It is important to plan out the conversation in advance so you can anticipate any potential reactions or questions, and make the conversation as successful as possible, given the circumstances. Here are a few tips that will help the…
Over the last couple decades, social media has become a nearly inextricable part of our lives. For people who are going through a divorce, it can also be something of a minefield. While your best strategy to stay out of social media-related trouble as you go through your divorce is to simply avoid using it altogether, it can also be…