Divorce

Because each state governs its own matrimonial law, including how divorce is handled, you’ll need to retain counsel in the state where the action was filed. However, in some circumstances it may be possible to challenge the jurisdiction and move the proceedings to New York. You should talk … [Read more...] about My Spouse Moved To Another State And Filed For Divorce There. Do I Need A Lawyer There, Or In Queens?

If you are planning to file for divorce, do not purchase a home in the meantime. Even though you live apart, if you are not legally separated, your spouse will have a claim on the value of the home as a marital asset. You should consult an experienced divorce attorney before making any large … [Read more...] about My Spouse And I Have Been Living Apart For A Year, And I Would Like To Buy A Home. Will This Be A Marital Asset When We Divorce In Queens?

There are significant long term upsides to waiting for the ten year mark if you’re close to it and plan to retire in the near future. Social Security provides spousal benefits even after divorce, as long as the marriage lasted for at least ten years. If your Social Security benefit will be … [Read more...] about My Spouse And I Have Been Married In Queens For Nine Years And We’re Both Nearing Retirement Age. Is It Worth It To Wait In Order To Be Eligible For Social Security Spousal Benefits?

There is obviously the risk of abuse when one spouse is ordered to pay the other’s legal fees, and judges are well aware of that potential. One aspect of their job is balancing the need of a lower-earning spouse to access competent legal assistance during the divorce, and another is being … [Read more...] about If I Have To Pay My Spouse’s Attorney Fees In Queens, What Incentive Do They Have To Settle Reasonably?

Assuming you meet the two-year residency requirement, you can file for divorce in Queens, and the court here will have jurisdiction over your action. The fact that your spouse is in another state can complicate your divorce, but it can also make it easier. Often when a couple is estranged … [Read more...] about Which State Has Jurisdiction For The Divorce If I’ve Been In Queens For Several Years And My Spouse Stayed In Our Home Town Out Of State?

Couples often have good reasons to keep larger purchases in one spouse’s name, but when it’s time to divorce, this can lead to some confusion about who owns what. When one or both cars were purchased during the marriage, even if your name isn’t on the title, they are considered marital assets. … [Read more...] about Both Of Our Cars Are In My Spouse’s Name. Can I Continue To Drive Mine After Filing For Divorce In Queens?