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…”
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 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”
UNCONTESTED DIVORCE: If you want to file an uncontested divorce, you can either do it yourself or you can find an attorney to prepare and file the paperwork for you.
You can prove you are a resident by showing you had a job here for the required time, utility bills, library card, voter registration, lease, etc. There are many ways to prove your residency.
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?”
Are you entitled to your former spouse’s social security benefits? 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 … Continue reading “Under New York Divorce law can I get social security benefits when my spouse retires?”
When your spouse hides Assets The proverbial “hiding of assets” is a big problem in many divorce cases, which is why we have written about this issue so much on this website. 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 … Continue reading “My Spouse is hiding assets. What can I do?”
The whole point is that no parent can unilaterally stop the other from relocating or moving on with their lives but that right has to be weighed against the child’s right to have a relationship with both parents, and ultimately, the child’s “best interest.”
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 … Continue reading “Equitable Distribution in a New York divorce (division of Property)”
How to win custody 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 … Continue reading “How to Win Custody in 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 … Continue reading “Question to a New York Divorce attorney: Should I date during a divorce?”
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 … Continue reading “Divorce doesn’t Have To Be Vicious”
Are prenups only for celebs and rich people? 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 … Continue reading “Should poor people get a prenup?”
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 … Continue reading “What does QDRO mean? (pronounced quadro)”