Divorce

In a divorce, there is a general assumption that property is marital, and subject to distribution between the spouses. There are exceptions, and to protect separate property, you’ll need to show that the property falls into one of several categories. First, property you owned prior to the … [Read more...] about How Do I Know If Property Is Marital Or Separate In Our Divorce In Queens?

During a divorce, a lower-earning spouse may be eligible for what is known as pendente lite support, also called temporary maintenance. Alimony, which is known as spousal maintenance in New York, is awarded as part of the divorce settlement, and is paid when the divorce is completed. If you … [Read more...] about Can I Get Alimony During My Divorce In Queens?

While hiring a lawyer for your divorce in Queens isn’t required by law, the potential downsides of divorce can make a lawyer the smartest choice you can make. If you and your spouse have significant assets or debt to divide, working with an attorney has the potential to save you large amounts of … [Read more...] about Should I Hire A Lawyer For My Divorce In Queens?

No, while most of the other grounds for divorce in New York have burdens of proof that you must build a case to meet, and which can be denied, a divorce filed under Irretrievable Breakdown has no such burden. You must only attest that your marriage has been irretrievably broken for a period of … [Read more...] about Can My Spouse Prevent Me From Getting A No-Fault Divorce In Queens?

Most people wonder how many court appearances they’ll have to make as part of their divorce in Queens, and the good news is that under ideal circumstances - an uncontested divorce where the parties have already resolved the relevant issues - you’ll probably never have to walk into the courthouse. … [Read more...] about How Often Will I Have To Be In Court For My Divorce In Queens?

If you are the higher earner in your marriage, then yes, your spouse’s lawyer will include a request for temporary maintenance and you will almost certainly end up supporting your spouse during your divorce. The presumptive award of maintenance is determined based on state-issued guidelines that … [Read more...] about What Is A “Presumptive Award Of Maintenance” And Do I Have To Support My Spouse During Our Divorce In Queens?