During any custody dispute, a judge will carefully analyze each parent’s ability to care for the children and adequately meet their needs. If you have any reason to believe the other parent is a danger to the kids or is unfit to have any sort of custody, you must be able to prove this to be true if you wish…
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…
Prenuptial agreements may be on the rise in terms of their popularity, but that doesn’t make it any easier for you to ask your partner for one. It can be a difficult conversation to navigate, even if the agreement would be beneficial for both people entering a marriage. Therefore, broaching the subject requires some tact. The following are some tips…
If you’re hoping to see a positive outcome in your divorce case, or at least come away from the divorce financially stable, it is important you present yourself well in court and follow the advice of your attorneys. Below are some of the most common mistakes people make in divorce court that can end up haunting them: Not hiring an…
When you really want your marriage to work out, it’s easy to begin glossing over some relationship red flags. However, these issues can quickly become sources of major conflict in your relationship that, if left unaddressed, could lead to the end of a marriage. Below are some examples of common sources of marital conflict that often lead to divorce: One-sided…
In general, it’s not possible to predict with any reasonable degree of accuracy how much a divorce will cost. However, one can analyze the factors likely to influence the cost of a divorce and get a rather general idea of the expenses that lie ahead. Below are the primary factors that affect the cost of a divorce: Court fees: All…
When filing your Complaint for Divorce, you must include the grounds upon which you are seeking that divorce. These grounds may or may not indicate fault on the part of your spouse. The grounds for divorce in New York are as follows: Cruel and inhumane treatment: One spouse may allege that the conduct of the other was such that his…
New York, like all other states, has established requirements that anyone who wishes to file for divorce in the state must fulfill for the divorce to be allowed. One example of those requirements is residency requirements — the amount of time a person or couple must have resided in the state before being able to pursue a divorce action. You…
While a divorce is a legal action that officially ends a marriage, an annulment is an action in which the marriage is considered to have never been valid in the first place. Thus, a couple that has obtained an annulment would be considered to have never been legally married in the eyes of the law. It is much more difficult…
In New York, the standard for divorcing couples is that their property will be divided in an equitable manner. Note that this does not necessarily mean an equal division, but instead a fair one. When making decisions regarding asset distribution, courts will consider what each spouse brought to the marriage and what each will need once the marriage has ended.…