Archive for October, 2006
What are some of the assets to consider in a New York Divorce?
Any and all assets should be considered in a New York Divorce. Anything acquired or accrued during the marriage is fair game. You want to look at: Retirement Assets (pensions, ira, 401K, annuities, etc) Liquid Assets (cash, stocks, bonds, cds, etc.) Real Estate Personal Property Cash Value Life Insurance Business Interests Everything. [...]
Should I keep the house after the divorce?
Wives always want the house and husbands always want their pension. It is pretty predictable sometimes what parties are going to hold out for. But should you keep the house? It won't be easy in most cases to live at the same standard you lived while married. That is because where there was once two incomes, now there is only one. Even assuming [...]
A New York Divorce Attorney weighs in on the McCartney Mess
Paul McCartney, former Beatle extraordinaire, and his wife Heather Mills McCartney are in the throes of a particularly messy and public divorce. What would Ms. Mills-McCartney be entitled to if the divorce were taking place under New York Divorce laws? Well, to start with, New York is an equitable distribution state. That means the courts look [...]
In a New York divorce, what is a forensics examiner?
A forensics evaluation or examination is basically a psychological evaluation of all the players in a divorce including the parents, children and other people like family members, witnesses, etc. Basically what happens is that all the parties are interviewed by the pschologist so that the psychologist can advice the court about who should get [...]
I think my spouse committed adultery but I don’t have proof; I want out of the marriage anyway…
I assume you're asking whether you can get a divorce on the grounds of adultery without proof? Most New York Divorce attorneys will probably answer that in the negative and I think I have to agree. You need some measure of proof, although circumstantial evidence may be enough. What is circumstantial evidence? Well, photographs, eye-witnesses to [...]
Once I sign the stipulation of settlement in my divorce can I change my mind?
That's a good and serious question. Most New York divorce lawyers would agree that in a contested divorce the law allows parties to forego trial if they can agree to agree and stipulate to a settlement. The assumption is that in such a situation where parties enter into a stipulation of settlement, that they are represented by counsel (or they [...]
The other woman in a New York Divorce
The "other woman" in a divorce (or the "other man") has the right to get an attorney to defend themselves in a divorce action. The thing with naming a third party in a divorce is that sometimes it could lead to charges of defamation. That is, if you are not absolutely sure and you cannot prove it with pictures or a corroborating witness, you may [...]
Steps in an uncontested divorce in New York
First, meet or consult with your attorney and bring all the paper work. If you are pro se (your own lawyer) gather all papers such as your marriage certificate, social security number, health insurance cards, birth certificate for you and the children, etc. Second, determine for sure that your divorce is uncontested, meaning have a talk with [...]
What is the residency requirement to get a divorce in New York
You can get a divorce in New York if one or more of the following is true: 1) you were married in the state and either you or your spouse was a resident at the time you filed the papers and either you or your spouse lived in New York for one year prior to commencing the action (file papers and serve papers); or 2) you and your spouse lived [...]
What are the grounds for divorce in New York?
Under New York divorce law, you have to have a reason that the court recognizes in order to get a divorce. You can't just say, "we don't get along and so we want to divorce." In other words, there is no "irreconcilable differences" or "no fault" divorce in New York. You have to, for lack of a better word, earn your divorce. You have to have [...]
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