Author Archives: Bridget Tartaglia
Making a Strong Case for Shared Physical Custody in New York
When parents in New York get divorced, one of the most critical aspects is deciding where their children will live. Having both parents share physical time with the children can be an ideal arrangement. However, New York courts prioritize the best interests of the child when making decisions on shared physical custody, and the arrangement… Read More »
How N.Y. Courts Decide if Property Is Marital or Separate
In a New York divorce, determining whether property is marital or separate directly impacts the equitable distribution of assets. Under New York law, marital property is generally defined as any property acquired by either spouse during the marriage, regardless of whose name is on the title. On the other hand, separate property includes assets that… Read More »
Grandparents’ Visitation Rights Under New York Law
In New York, grandparents seeking visitation with their grandchildren have certain limited legal rights. A statute outlines the conditions under which a grandparent can petition for visitation and the standards that must be met to achieve a favorable outcome. Understanding the statutory requirements is vital for any grandparent considering this legal route. Under New York… Read More »
Spousal Maintenance in New York
Spousal maintenance, sometimes called Alimony in other jurisidctions, is a court-ordered payment that one spouse makes to the other after a divorce. The purpose of maintenance payments is to help the receiving spouse maintain their standard of living during the transition to being single. Factors Affecting Maintenance Awards A number of factors can affect the… Read More »
Common Divorce Myths Debunked
Divorce is a complex and often emotionally charged process. It’s important to have accurate information about the legal process so that you can make informed decisions about your future. In this blog post, I will debunk some of the most common myths about divorce in New York State. Myth: You Must Divorce Where You Married… Read More »
Assets Not Subject to Division in a New York Divorce
In New York State, generally, property acquired during a marriage is considered marital property and is subject to equitable distribution upon divorce. This means that the court will divide the property fairly between the spouses, regardless of who contributed more to its acquisition. However, there are exceptions to this rule. If you have an asset… Read More »
Special Considerations for High Net Worth Divorce
High-net-worth divorces typically require special consideration, compared to the average divorce. While there is no strict definition of a high-net-worth divorce, today’s high-net-worth divorce typically involves several million dollars in assets. Factors affecting high net worth divorces Successfully navigating a high-net-worth divorce requires careful planning and professional guidance. Here are some factors your attorneys will… Read More »
Understanding Fault vs. No-Fault Divorce
In order to get divorced in New York, spouses must have a legally acceptable reason for ending the marriage. This is typically expressed in terms of fault. What’s the difference between “fault” and “no-fault” divorce? Fault vs. no-fault grounds for divorce The choice between fault or no-fault grounds for divorce can significantly impact the process…. Read More »
What’s Not Allowed in a Prenuptial Agreement?
Prenuptial agreements are valuable tools that can provide clarity and structure while potentially reducing conflicts. However, it’s important for couples considering a prenuptial agreement to understand the legal boundaries that govern them. Prenups are legally binding contracts between two individuals who intend to marry. This agreement outlines how various aspects of property division and support… Read More »