Divorce and Family Law FAQs

Because of tightened lending standards since the Great Recession, it’s more and more common to find situations where one spouse wishes to retain the marital home but can’t get approval to refinance the home into their name. When this happens in your divorce, you both have some choices to make. … [Read more...] about How Do I Get My Name Off The Mortgage If My Spouse Can’t Refi In Our Queens Divorce?

It’s important to keep in mind that a divorce filing is not a criminal complaint, and it’s not at all unusual for a filing to paint the least charitable picture of the spouse who is being filed against. Conversations and actions are routinely taken out of context to try to score points or prove … [Read more...] about My Spouse’s Complaints Are Unfounded. How Can I Clear My Name In My Divorce In Queens?

Yes, if you and your spouse can’t agree on the disposition of assets in your divorce, the judge can order that a liquidation sale be held, then apportion the proceeds between you. It isn’t a pretty way to handle asset distribution, and most couples are better off avoiding this outcome if they … [Read more...] about Can A Judge Order Us To Sell Property To End Our Divorce In Queens?

When both spouses want a particular piece of property, negotiations will begin to decide its fate. You may be able to work out an agreement where one party parts with other property in exchange for the disputed item, or you may find a way to buy out the other’s interest in the property. In … [Read more...] about What Happens To Property We Both Want When We Divorce In Queens?

In a divorce, there is a general assumption that property is marital, and subject to distribution between the spouses. There are exceptions, and to protect separate property, you’ll need to show that the property falls into one of several categories. First, property you owned prior to the … [Read more...] about How Do I Know If Property Is Marital Or Separate In Our Divorce In Queens?

During a divorce, a lower-earning spouse may be eligible for what is known as pendente lite support, also called temporary maintenance. Alimony, which is known as spousal maintenance in New York, is awarded as part of the divorce settlement, and is paid when the divorce is completed. If you … [Read more...] about Can I Get Alimony During My Divorce In Queens?