Archive for June, 2008
How can I get my name changed back to my pre-married surname after a divorce?
In New York State, it is required that a statement is included in the Divorce judgment stating that either spouse may resume a former surname after a divorce. That is all that is required to resume a former surname. No additional judicial action or proceeding is required, just a sentence in the divorce judgment.Correspondingly, a spouse is not [...]
Am I obligated to pay my spouse’s debts?
The law in New York State seems to be that, as a general rule, each spouse is responsible for his or her individual debts and both spouses are jointly and severally liable to joint debts. In other words, just because you are married does not necessarily mean you are automatically responsible for your spouse's individual debts. It depends on the [...]
I have been married less than one year. But I want a divorce. Can it be done?
Yes. If you can show your spouse committed adultery, or treats you cruelly and inhumanly you can get out of the marriage. You could also get a separation agreement and agree to live apart for one year. If your spouse is incarcerated, you can get a divorce if you can show your spouse treats you inhumanly (but this will be dificult since you don't [...]
We got divorced in another country. Can I enforce the divorce in New York?
Yes. New York usually gives full faith and credit to a marriage and divorce that was legally entered into a foreign jurisidiction. So where equitable distribution is concerned, you could take the judgment from a foreign country to a court in New York and ask, by way of motion for a "Declaratory Judgment" against your spouse. So for example, a [...]
Can I force my husband to pay for private school tuition?
Okay. The deal with private schools is that generally the courts do not order a parent to pay for private school unless you can show that the child's needs, interests and preferences calls for a private school education. The Courts will also consider cost and whether a parent's financial circumstances can accommodate these costs. The court [...]
I want my child to got to private school. Can the court force my husband to pay the tuition?
When it comes to private school education, it is difficult to get the court to order a parent to pay private school tuition. The idea is that there are obviously many public schools and all of them are free, and there is no "presumption" that the public school education is inferior to the private school education, no matter what your personal [...]
I think my spouse is hiding assets. What can I do?
This is a potentially expensive proposition. You will likely have to hire a professional to do an asset search. There are people out there called forensics experts and they can search things such as computers (which will probably have to be subpoenaed) to search for deleted, archived and active files which may contain data that would be useful in [...]
How to get GOOD REVIEWS from your DIVORCE LAWYER
First, you should be ready. It takes time to be truly ready to take that step of ending a marriage. But to the extent you've ironed out any misgivings about it before you come to your attorney, the better and more efficient the attorney will be. YOU'RE ATTORNEY CAN'T HELP YOU MAKE UP YOUR MIND TO END YOUR MARRIAGE. THAT'S YOUR DECISION [...]
What is a Radius clause in a separation agreement? My spouse wants us to get a radius clause.
A radius clause is basically an agreement between the two parties not to relocate outside a specified radius. This kind of provision in a separation agreement protects both parties from the sudden relocation by the other and the diffiuculties that would pose for the children who need to have a relationship with both parents. The court cannot [...]
I want to get re-married as soon as I get the divorce judgment. Can I relocate with my child without my ex’s permission?
Relocation is a tricky issue and there doesn't seem to be a set rule. However, most New York divorce and family law attorneys will talk about the Tropea case which is the seminal case on the issue of relocation. However, In Tropea the the ex-wife was pregnant and engaged, and requested permission to move the children from Onondaga county to [...]
What is the deal with Businesses that are formed during a marriage? Can the court force me to give my soon to be ex spouse a share of my business?
Yes. The court can determine that the business' value or a portion of it is marital property. The court will usually appoint "forensics" experts, accountants, actuaries, tax specialists (all at the expense of the litigants of course) to determine the value of the business. Then the court will order a distribution of the value that it deems "fair" [...]
Is it true that my business I formed by myself during my marriage is marital property when I get divorced?
In New York, the Divorce courts are concerned with "equity" or "fairness." So if the business was started during your marriage, or even if it wasn't, but during your marriage both you and your spouse worked at the business, or you did not actively work at the business, but you took care of things at home so that your spouse could run the business, [...]
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