After divorce, one of the first things you often need to do if find a new home – if you were not awarded the marital residence in the settlement agreement. Sometimes, depending on your income bracket, you may be looking for a new time share or vacation home in addition to just a new post-split domestic domicile. Often times (but not always) you will be downsizing since not only the family unit is smaller but so too is the wallet size given that once there were two and now there is only one. So these can be very stressful undertakings and considerations. Here are some tips for maneuvering the situation without completely becoming undone in the process.
Memories are hard to let go For many couples, one of the biggest and most difficult issues is the marital residence. Who gets it after a divorce? For couples of modest and ordinary means (as compared to affluent couples) the marital residence is usually the main asset, the biggest most valuable thing they own together. […]
Strategies to win your divorce case: 5 Secrets of how the divorce process works and what you should do to protect yourself
TAKE NOTE THAT: The longer you’ve been married, the more respect you get, the more assets you get.
What are the grounds for divorce?In every state in the United States, divorce can be obtained with no grounds. All a party has to say is that the marriage is over and he or she can get a divorce on the basis of “irreconcilable differences.”
So. You’ve decided that you want to file for divorce and you are wondering how to break the news to your spouse. Asking for a divorce, or telling your spouse you want a divorce is serious business, not to be handled in a blasé fashion. If you think your spouse will be blindsided, you really need to think about when and how you break the news for any number of reasons.
Originally published 12/18/08 Well, the first question I have for you as the lawyer is, did you sign a prenup? The second question is, do you have kids? And the third question is, how long were you married? If you didn’t sign a prenup, it’s a whole lot better than if you signed one – for […]
corrected March 23, 2009 If your spouse locks you out of the marital residence and changes the locks so you can’t gain re-entry, that is ABANDONMENT and that is a basis to get a divorce in New York. You could even make out a case of cruelty, I would think. Cause that is straight up […]
On divorce & real estate: is the economic downturn making selling the marital residence a losing proposition?
Each winter, I try to make a couple of trips out to Bridgehampton via the Long Island Railroad. I find it incredibly beautiful and relaxing and usually tote a few magazines which I can read over the course of the two hour trip. But I hardly ever read because I am always so enamored with the winter […]
NEW YORK: Hartog v. Hartog 605 N.Y.S.2d 749 (1993) Selling the marital residence and splitting the proceeds? You will likely have to also split the taxes
The Hartog case stands for the principle that when the marital residence is sold, the spouse’s distributive share will be reduced by the taxes. That will include capital gains taxes, if any. The capital gains exclusion for a married couple in New York is about $500,000. So if the difference between the selling price and […]