Divorce

Typically if both parties have participated fully in a divorce action, the judge accepts the settlement that the sides negotiate. In the case of a default divorce or where a spouse is not represented, the judge has more discretion in deciding whether or not a settlement agreement is … [Read more...] about Does The Judge Decide Whether Our Settlement Is Acceptable?

No, all three terms refer to the same thing. Whatever you call it, in New York, courts make an effort to ensure that the contributions made to a marriage by the spouse who wasn’t the “breadwinner” don’t go uncompensated if the marriage ends. While one spouse may have outstanding achievements in … [Read more...] about Is There A Difference Between Alimony, Spousal Support, And Spousal Maintenance?

There is a presumption in New York divorce law that the higher earner has benefited from the contributions of the lower earner, who may have chosen to forego certain educational opportunities or career paths in order to raise kids, take care of the home, or otherwise play a support role in the … [Read more...] about If I’m The Higher Earner, Am I Required To Pay Alimony?

In an uncontested divorce, you and your spouse are able to come to terms for a settlement offer and your spouse agrees to the divorce. This may be by participating (but not obstructing) the divorce process, or your spouse may agree to the divorce by simply failing to respond when served with … [Read more...] about What Does It Mean To Have An Uncontested Divorce?

In an uncontested divorce, you shouldn’t have to appear in court at all. In most cases of uncontested divorce, you and your spouse will develop a settlement agreement and your lawyers will present it to the court. While the judge always has a right to call you and your spouse to court if there … [Read more...] about Will I Have To Appear In Court During My Divorce?

It’s impossible to give an estimate of how long any particular divorce will take without some basic information, but in general, you should anticipate that your divorce will take a matter of months, and if issues are thorny and you and your spouse are unable to negotiate with one another, the … [Read more...] about How Long Will My Divorce Take?