Divorce and Family Law FAQs

Yes, if you are the so-called “non-monied spouse” in the marriage, the court has a presumption that the wealthier party will pay some or all of your legal fees. New York law makes this presumption, under the theory that a party’s wealth or lack thereof should not be a hindrance to that party’s … [Read more...] about Can I Make My Spouse Pay My Legal Fees For The Divorce?

It’s very common to hear that a client has concerns about their ex’s new boyfriend or girlfriend, and many of the people we represent would simply prefer that their kids not have a relationship with a former spouse’s new love. It’s the most human thing in the world to want that, but in New York, … [Read more...] about Can I Keep My Ex’s New Boyfriend Or Girlfriend Away From My Kids?

The state of New York would prefer that every divorce where children are involved resulted in two parents living separately, but working together to raise secure, well-loved kids. Unfortunately, all too often the bitterness of a marriage that didn’t work out or a divorce settlement that didn’t go … [Read more...] about I Think My Ex Is Turning My Kids Against Me. How Do I Stop It?

Without a court order, your spouse may not deny you access to your home. That said, it sounds like your situation may be beyond something you should try to work out on your own. Your attorney should notify the court of the situation and ask the judge to put a stop to it. Your spouse will … [Read more...] about How Do I Get My Belongings If My Spouse Has Locked Me Out Of Our House?

Unless your spouse received permission from the court – and you have been served with a temporary restraining order – then you are being illegally locked out of your home. While your impulse may be to go and argue your way back in, don’t. The best way to handle this situation is to tell your … [Read more...] about My Spouse Has Locked Me Out Of Our House. Can I Go Back In?

You and your spouse are both entitled to an equitable distribution of marital assets and debts. In situations where a married couple buys a home together, the house can be considered a marital asset, but in your situation, it sounds like it was an asset you brought into the marriage and would be … [Read more...] about If I Owned Our Home Before I Was Married, To What Is My Spouse Entitled?