Contrary to popular belief, there’s no advantage to be had in filing for divorce first. If you and your spouse are talking about divorce, don’t feel like you’re in a competition to get to the courthouse. New York courts are firmly committed to creating a fair and equitable outcome for both … [Read more...] about Does It Matter Who Files For Divorce First?
Yes, child custody, visitation, and support issues can – in fact, must – be decided as part of your divorce. If your divorce is uncontested and you and your spouse can negotiate these issues and develop a plan you can both abide by, the court will likely accept your resolution. If you can’t … [Read more...] about Can Child Custody, Visitation, And Support Be Decided In Divorce Or Do I Need To Go To Family Court?
In New York, the custodial parent does not have to provide any documentation or explanation of how child support payments are used. This approach likely saves New York courts from having to decide countless arguments about minor issues, like spending money on brand name goods instead of less … [Read more...] about Do I Have To Account For How I Spend My Ex’s Child Support Payments?
Parents are typically responsible for child support until their children reach 21 years of age, but there are circumstances that reduce that. If your child enlists in the military, Peace Corps, or fall under other situations where they will no longer be living at home, the child support … [Read more...] about How Long Will My Spouse Have To Pay Child Support?
College contributions can be something ordered by the court, but the precedents indicate wide latitude in how the court will implement it. Given the young age of your child, courts are unlikely to make these determinations a priority right now, and the precedents around tax deferred savings … [Read more...] about Will My Former Spouse Have To Help Pay For College Expenses, Even Though Our Child Is Only 7 Years Old Right Now?
There’s a good chance that the court will view a piece of land or real property you purchased during the marriage as marital property to be equitably divided. In the past, holding the title to a piece of property typically meant the title holder kept it upon the dissolution of the marriage, but … [Read more...] about I Bought A Piece Of Property During The Marriage That Is Only In My Name And Which I Bought With My Own Money. Is It Separate Or Marital Property?
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