What Can Turn Separate Property Into Marital Property in a Divorce?
In a New York divorce, marital property is subject to division through the process known as equitable distribution. Separate property generally remains with the spouse who owns it. However, the classification of an asset as separate is not always permanent. Over the course of a marriage, actions taken by one or both spouses can convert… Read More »
What to Consider Before Keeping the Marital Home in a Divorce
When couples divorce in New York, their home is usually among the assets that must be divided between them. However, either spouse or both may wish to keep the home. This may be driven not only by economic concerns but also by emotional attachment. Whatever the reasons, deciding to keep the home requires consideration of… Read More »
How a Stay-at-Home Parent Can Maintain Financial Stability After Divorce
Divorce brings significant emotional and financial upheaval, especially for stay-at-home parents who may not have been closely involved with household finances or held recent employment. Nonetheless, it is possible to regain control, protect your future and build stability for yourself and your children. Here are several practical tips to help stay-at-home parents maintain financial stability… Read More »
Why High-Asset Divorces Are So Much More Complicated
If you are facing a high-net-worth divorce, you must understand that the road ahead is fundamentally different and far more complex than a typical separation. The process you are about to begin will feel less like the end of a personal relationship and more like the dissolution of a business. The emotional strain may be… Read More »
How Wasteful Dissipation of Assets Can Affect Equitable Distribution
In New York divorce proceedings, the spouses’ marital assets are divided using the process of equitable distribution. This involves the court’s weighing of several factors to determine a fair but not necessarily equal split. One of the factors considered is whether either spouse is at fault for wasteful dissipation — that is, deliberately squandering, concealing… Read More »
Why You Should Have a Lawyer Even if Your Divorce Is Uncontested
In deciding to end your marriage, you and your spouse may agree on the big picture, paving the way for an uncontested divorce. If you’re eligible, this route can save significant time and expense and avoid emotional strain. Nevertheless, there are good reasons not to proceed without an attorney. Specific criteria must be met to… Read More »
Tips for Helping Children Adjust When Divorce Lies Ahead
Going through a divorce is a deeply personal and often painful process. As you deal with your own emotional issues, you undoubtedly want to protect your children from distress. However, it’s important to realize that children deserve to know what is happening so that they have an opportunity to cope and adapt in healthy ways…. Read More »
Deciding Whether “Bird-Nesting” Child Custody Is Right for You
A child custody arrangement known as “bird-nesting” is an option used by some divorced parents. In this practice, the children stay in the family home, with the parents alternating their time there. The goal is to provide a sense of continuity and security for the children, minimizing the disruption that often accompanies divorce. A bird-nesting… Read More »
How Does Unemployment Affect Spousal Maintenance Obligations?
In New York, spousal maintenance after a divorce (informally known as alimony) is calculated based in part on the paying spouse’s reported income from wages and other sources. But what happens when that spouse becomes unemployed or is working below their earning capacity? Courts in New York have the authority to impute income to a… Read More »
Using Mandatory Presumptive Mediation in a New York Divorce
Mandatory presumptive mediation is used in New York divorce cases to encourage amicable resolutions outside the courtroom. This process, implemented in 2019 as part of the state’s efforts to streamline the judicial process, requires parties in certain types of civil cases to participate in mediation before their case can proceed to trial. The goals are… Read More »