Tag Archives: division of property

Consider These Tips When Writing a Divorce Counterclaim

A counterclaim is a chance for you to submit your own requests in writing about what type of outcome you would like to see in your divorce regarding issues such as property division, child custody and child support. You would submit the counterclaim after your spouse files the initial divorce petition. The following are some… Read More »

Identifying Your Priorities in a Divorce

During a divorce, the property, funds and retirement benefits you have acquired throughout your marriage may be divided. For this reason, it’s essential that you and your attorney identify your top priorities and create specific goals for your divorce settlement. Doing so will help you get what is most important to you out of your… Read More »

How Infidelity Might Impact a Divorce Case

A recent hack into leading infidelity website, AshleyMadison.com, raised questions for many about the role of infidelity in a relationship. Through the site’s security breach, the personal information of more than 37 million users was obtained. With the hack making national headlines, it is causing spouses nationwide to address the impact that adultery can have… Read More »

Property Agreements: Make Sure You Mean It

As one New York man found out recently, it is important to stick to agreements made during divorce.  New York follows a rule of equitable distribution when weighing division of assets and property during a divorce. When couples come to agreements through negotiation or mediation, the court need not be involved. This case springs from… Read More »

High Asset Divorce: Holding on to the Family Business

When high net worth couples divorce, the stakes are high. A recent ruling in Oklahoma allowed the 76th richest person in the world to hold on to a majority stake in his business.  Harold Hamm may not be a household name, but his company, Continental Resources produces ten percent of the U.S. oil output. Worth… Read More »

Dealing with Debt at Divorce

Divorce calls for couples to divide their property during divorce. It also requires division of debt.  Research suggests disagreements about money are the leading predictor of divorce in the United States. Arguments about money can sour a marriage and make divorce difficult. When money is an issue during marriage, debt is oftentimes involved.  Common forms… Read More »

Financial Fear During Divorce

Fear of a compromised financial future is common during divorce. Understanding the fear—and knowing what to do about it—is essential.  Because of the requirement to divide debt and assets during divorce, couples of all ages are concerned about getting their fair share. For individuals closer to retirement, the need is more urgent with fewer years… Read More »

On Appeal: Tax Fraud and Fairness

In a Supreme Court, Queens County matter, a recent ruling on an appeal was problematic for a wife who made contradictory claims about her marital estate.  In Morille-Hinds v Hinds, the judge was confronted with a couple who admittedly underreported their income on their tax returns. Throughout the marriage, the couple did not report the… Read More »

When Separate Property Is Not Separate

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,… Read More »

A Matter of Opinion: The Use of Experts in New York Divorce Matters

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… Read More »