Archive for July, 2006
How to Win Custody in a Divorce
The way to win custody in a divorce is by your actions prior to the judgment of divorce. Before a judgment is rendered in a divorce, there is likely going to be conferences, hearings and telephonic appearances with a judge (in a contested matter.) Chances are good that a pendente lite (interim) custody arrangement will be in place once the divorce [...]
Question to a New York Divorce attorney: Should I date during a divorce?
I would advise strongly against dating during a divorce. It sends the wrong message--big time. It doesn't matter if you're getting a divorce because your spouse was cheating on you. The fact is that if you're caught dating before the divorce is final, it could compromise the ability to settle the case if a fair and expedient manner because now [...]
Divorce doesn’t Have To Be Vicious
There are people who are inexperienced with divorce and make the mistake of thinking its the time to let all the dirty laundry in their marriage hang out. They pay a sizable retainer and then they proceed to call their attorney night and day to divulge every single horrible thing their wife or husband did during the marriage that caused the [...]
Should poor people get a prenup?
I think everybody should get a prenup these days. Poor today, rich tomorrow. Rich today, poor tomorrow. These are uncertain times we live in. One never knows what will happen in the future. One only has to look to the lives of celebrities to see and hear the repurcussions of failing to enter marriage with a "sound mind." By that I mean that [...]
What does QDRO mean? (pronounced quadro)
The acronym stands for Qualified Domestic Relations Order. According to the Employee Retirement Income Security Act of 1974 (ERISA) a Qualified Domestic Relations Order (QDRO) is a judgment, decree or order that creates or recognizes the existence of an alternate payee's right to receive all or a portion of a plan participant's benefits under an [...]
Pensions & Divorce, NY
There are many questions to ask when you are getting divorced and there are pension benefits to be distributed. For example, it is important to know if your spouse has more than one pension plan or other retirement plan from a current or previous job. How long has your spouse worked at this or a previous job? Is it long enough to earn a legal [...]
When is alimony available to a spouse and When does alimony end?
Alimony is available to a spouse whether it be for divorce, annulment or separation. It is available during the pendency of the action (temporary pendente lite maintenance) or as a final award for a fixed period of time, or for life. Alimony or spousal support, or maintenance ends upon the following circumstances: a)death of either [...]
Divorce in New York Frequently asked questions
(1) HOW LONG DOES IT TAKE? Anywhere from 6 weeks to 4 months (if uncontested) If it is contested, the jury is out. It could take more than a year. It would depend on the judge, the assets of the parties, whether there is a trial to determine fault and distribution, etc. (2) CAN I KEEP THE HOUSE? It depends. The court decides based on certain [...]
What amount of child support can I expect after a divorce in New York?
The amount of child support is fixed by statute as a percentage of gross income for the first $80,000 as follows: 17 % for one child 25 % for two children 29% for three children 31% for 4 children But the court can order a variance from the statute under certain circumstances. Refusing to pay child support can result in garnishments, [...]
What does equitable distribution mean in a divorce?
The word equitable comes from the word equity which means fair and just. So equitable has to do with that which is fair and just. New York is what's called an equitable distribution state - as contrasted to California and other states which are community property states. And there is a third way that courts might divvy up the spoils in a divorce [...]
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