What does a certified divorce planner do?

Divorce planners are financial experts who you hire to guide you and your attorney through the fiscal issues in a divorce and potentially prevent you from falling into a quagmire. Certified planners can “help prepare statements of marital assets and liabilities, develop accurate budgets (historical and post-separation), evaluate settlement proposal(s), minimize post-divorce taxes, be your … Continue reading “What does a certified divorce planner do?”

After my New York Divorce is final I want to relocate with the children. Can I?

That is a difficult question to answer. In New York the ruling case on relocation is Tropea v. Tropea. In Tropea the Court of Appeals ruled that there are no set rules for relocation. It will be determined, after a hearing, whether a parent had the right to relocate with a child–if the move is … Continue reading “After my New York Divorce is final I want to relocate with the children. Can I?”

NEW YORK: International custody issues – My ex kidnapped our child. Can I get her back?

More and more, divorce in New York involves international jurisdictions. When that happens, it can be quite messy, especially if there are children who are literally being pulled across nations. It is easy to obtain a divorce if your spouse leaves the country (abandonment) but not so easy to get your children back if they … Continue reading “NEW YORK: International custody issues – My ex kidnapped our child. Can I get her back?”

GETTING A DIVORCE IN NEW YORK? BE ORGANIZED!

I believe that the most organized party usually does better in a divorce. She strongly counsels clients to keep a record of as many documents as possible, including deeds, mortgage statements, bank statements, brokerage statements, pre nups, educational certificates and loan statements, corporate records, partnership agreements, a log of marital quabbles if adultery or inhumane treatment … Continue reading “GETTING A DIVORCE IN NEW YORK? BE ORGANIZED!”

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.

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 … Continue reading “Should I keep the house after the divorce?”

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 … Continue reading “A New York Divorce Attorney weighs in on the McCartney Mess”

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 … Continue reading “In a New York divorce, what is a forensics examiner?”

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 … Continue reading “I think my spouse committed adultery but I don’t have proof; I want out of the marriage anyway…”

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 … Continue reading “Once I sign the stipulation of settlement in my divorce can I change my mind?”

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 … Continue reading “The other woman in a New York Divorce”

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 … Continue reading “Steps in an uncontested divorce in New York”

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 … Continue reading “What is the residency requirement to get a divorce in New York”

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 … Continue reading “What are the grounds for divorce in New York?”

Under New York Divorce law can I get social security benefits when my spouse retires?

Hme. Well, it depends. Under New York Divorce law in order for one spouse to get social security benefits of the other, the parties had to have been married for ten years or more. If you have been married for ten years or more then you can receive benefits at your spouse’s retirement–fifty percent of … Continue reading “Under New York Divorce law can I get social security benefits when my spouse retires?”

My Spouse is hiding assets. What can I do?

One of the main steps in a New York Divorce is what’s called discovery–taking stock of what each party owns, including finances. Both sides have a right to see the networth statement of the other, bank statements, checkwriting history, mortgage applications, lines of credit applications, everything. Each side has a right to full disclosure. If … Continue reading “My Spouse is hiding assets. What can I do?”