Divorce

You’re probably okay on property you owned prior to the marriage. New York courts focus on what’s known as equitable distribution of marital assets – but separate assets, like property you owned before the marriage – is typically excluded from the divorce proceedings. In some cases though, a … [Read more...] about Can My Spouse Go After A House I’ve Owned Since Before We Were Married?

If your husband committed adultery during your marriage, it probably won’t have much impact on the amount of support the court will make him pay. However, if you can demonstrate that your husband spent marital funds on gifts for his mistress, tickets for trips, or supported her in any way, then … [Read more...] about If I Can Prove My Husband Cheated On Me, Am I Entitled To A Larger Settlement?

First, if you believe that you or your children are in danger, call 911 immediately. Police can connect you with short term resources that keep you safe, and of course, will arrest your spouse when a threat is imminent. As for how domestic violence can affect your divorce, the court has a … [Read more...] about I’m A Victim Of Domestic Abuse. How Does That Play A Role In My Divorce?

It depends on where you are in the divorce process. If your spouse has not yet been served, your attorney can voluntarily dismiss the case. If your lawyer has not yet filed a Request for Judicial Intervention (RJI), which assigns a judge to your case, your process is effectively on hold. … [Read more...] about What Happens If My Spouse And I Reconcile?

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?