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. Everything. Everything.

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 custody […]

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 […]

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 […]

Equitable Distribution in a New York divorce (division of Property)

Property Division New York is an “equitable distribution” state. Under New York Divorce law, marital property acquired during the marriage will be equitably divided between the spouses, based on the following factors: (1) the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker; (2) the […]

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 […]

What are the grounds for divorce in New York?

New York is one of a few states that does not grant a divorce on the grounds of “irreconciliable differences.” It’s such a sexy ground, every single movie about divorce probably uses that, but its not a ground in New York. Here, we do not have the quintessential “no fault” divorce like places such as […]

Can I get child support while a divorce is pending?

Yes. The Law mandates it. And don’t let the lawyer for the noncustodial spouse try to tell you that the court has to follow the CSSA guidelines in granting you an award of child support. That is not true. The Court can deviate from the guidelines when a divorce is pending. There are 10 factors […]

1 156 157 158