Divorce

Your only hope in removing your spouse from the marital residence is through a court order, and in New York, there are only a couple of reasons the court will order that. First, if there is violence or the threat of violence, the courts will act to protect your safety or to protect your marital … [Read more...] about How Do I Kick My Spouse Out Of Our Marital Residence?

In most regards today, the grounds for divorce have little impact on the outcome of the proceedings, which is why all 50 states now allow for no-fault divorces. One exception is when there are minor children whose custody may become contentious. If you are unable to reach a satisfactory … [Read more...] about How Do The Grounds For Divorce Affect The Outcome Of The Case?

“Irretrievable breakdown” is New York’s version of “irreconcilable differences,” and allows for one spouse to unilaterally receive a no-fault divorce provided that; a) Your relationship with your spouse has broken down irretrievably, b) The relationship has been irretrievably broken for a … [Read more...] about What’s The Advantage In Filing For Divorce On “Irretrievable Breakdown” Grounds?

It depends on the kind of divorce. In New York, when you or your spouse file an uncontested divorce, you are typically not required to appear. Sometimes the court will have questions, and you or your spouse can be called in during the proceedings, but that’s not common. If your divorce is … [Read more...] about How Many Appearances Will I Have To Make To Complete My Divorce?

This is a question we have been asked a lot over the last several months. While many states do require a waiting period of separation before a divorce action, New York, like 34 other states, has no mandatory waiting period. If you are considering divorce, why not speak to an attorney for free. … [Read more...] about Is There A Waiting Period Before I Can File Divorce In NY?

Inherited money or other assets are considered separate property, which your spouse is not entitled to. However, the money/assets may be subject to equitable distribution if you commingle them with other marital money/assets. This includes giving those inheritances to the children of the marriage … [Read more...] about I Inherited Money. Is My Spouse Entitled To Part Of That?