Divorce

There are several ways you can receive your share of 401(k) funds, some of which allow you to make investment decisions and some of which don’t. There are also variations among plans in how disbursements can be handled. Some will allow a lump sum payment, others may not. Where a lump sum can … [Read more...] about If I Receive A Share Of My Spouse’s 401k Through A QDRO In A Queens Divorce, Can I Make Investment Decisions For Those Funds?

If your spouse insists on sticking you with debt that you didn’t incur, you may end up fighting about it in court. When determining how to divide debt from credit cards, if you can show that your spouse ran up the debt on things that only they used, then you stand a better chance of avoiding … [Read more...] about How Do We Divide Credit Card Debt In A Queens Divorce When My Spouse Wants To Split It Evenly, But I Only Accumulated A Small Fraction Of It?

It may, but keep in mind that the court will only tolerate so much foot dragging on your spouse’s part. If there were genuine questions about their attorney’s competence, the judge will probably let it slide with a small delay, but your spouse likely won’t get another chance to avail themselves … [Read more...] about If My Spouse Fires Their Lawyer In The Middle Of Our Queens Divorce, Does That Slow The Process Down?

New York law doesn’t require that you split the equity 50/50, only that any equity is shared in way the court deems equitable to the parties. There may be contingencies that make a different revenue split more appropriate in your case, but keep in mind that when your spouse takes on the home, … [Read more...] about If My Spouse Is Keeping Our Queens Home, Do We Split The Equity 50/50, Or Do I Get More Because I Lose The House?

The short answer is no. Absent evidence of significant misconduct on the judge’s part, there is simply no way that a motion to recuse will win, and asking for that kind of relief will further alienate the judge. Sometimes judges appear to have a personality conflict with a spouse or with an … [Read more...] about If I Think The Judge In My Queens Divorce Is Biased Toward My Spouse, Can We Change Judges?

It can be hard to send a child to visitation with your ex spouse, or return them to their home, when you suspect the home environment may not be ideal for them. When your child tells you that something is going on, your first step should be to talk with your former spouse. While divorce and … [Read more...] about My Child Told Me That My Ex’s Housemate In Queens Drinks Heavily. What Should I Do?