Divorce and Family Law FAQs

“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?

You do not need to go to trial on issues that you and your spouse can agree to as and for a final settlement. You may need to go to trial for a divorce in Queens on individual issues if you and your spouse cannot agree. In that case, the Judge will make a final determination on those specific … [Read more...] about Do We Need To Go To Trial In A Divorce?