Tag Archives: family law

Who is Responsible for Credit Card Debt in a Divorce?

An issue that commonly arises in divorce cases is how the two spouses will split responsibility for debts accumulated during the marriage. Debt, like property, can be divided into separate debts and marital debts. The classification of a given debt will determine who is responsible for paying it. Separate debt: Any debt incurred by a… Read More »

Factors to Consider in a Home Buyout Upon Divorce

Divorcing couples often deal with the family home by having one spouse buy out the other’s interest in it. The custodial parent is usually the one to buy out the other so that the children can remain in the family home and have minimal disruption to their daily lives. A buyout can occur gradually or… Read More »

Understanding ‘Equitable Division of Property’ in New York

Like in most other states, New York law calls for the equitable division of marital property when a couple gets divorced. It’s important to note that “equitable” is not the same as “equal,” although it can be in some situations. The focus is on creating a property division arrangement that is fair, taking into account… Read More »

What to Do with An Engagement Ring After Divorce

At some point, those who have been through a divorce may need to decide what they will do with the engagement ring they received from their spouse. Most people do not want to continue wearing it, as it is seen as a symbol of their previous relationship. Below are a few things you might do… Read More »

An Overview of Family Law Motions in New York

A “motion” in family law is a request to ask the court to do something, such as make a decision on a contested issue like child support. Motions can also be used in emergency situations, especially if you need the judge to settle an urgent matter before you are due back in court. In the… Read More »

Millennials Approach Marriage, Divorce Differently from Prior Generations

There have been numerous studies on Millennials and their approach to marriage and relationships. According to the Pew Research Center, only about 26 percent of Millennials are married, and they tend to wait until their late 20s or 30s to do so. It seems that Millennials take a more practical approach to both marriage and… Read More »

The Difference Between Inter-spousal Transfers and Quit Claim Deeds

A deed is a legal document that transfers property from the current owner to a new owner. This arrangement is relevant to just about anyone, including two spouses. A husband could, for example, transfer property to his wife through a deed, making it the wife’s separate property. There are a variety of ways to accomplish… Read More »

How Alimony is Calculated in New York

In New York, spouses can receive either temporary or permanent alimony during and after a divorce, depending on the circumstances of the marriage. To determine if alimony is appropriate in a case, the judge carefully analyzes the needs of the spouse seeking the support and whether the potential payer is financially capable of providing that… Read More »

Tips for Navigating the Holidays When Dealing with Divorce

The holiday season can be a tough time for families dealing with divorce or separation, especially if there are children involved. There are, however, some ways you can navigate the challenges that come during the holidays in a way that minimizes potential conflict. Below are a few tips to help you through this time of… Read More »

The Cost of Divorce at an Older Age

In general, the longer you have been together as a married couple, the more assets you have collected and the more expensive and drawn-out the divorce process will be. In addition, recovering financially from your divorce before your retirement can be more difficult, considering how close you are to your retirement age. According to Pew… Read More »