Archive for the ‘ Divorce ’ Category

Myths And Misconceptions About Divorce In New York

Posted on: February 16, 2018 by in Divorce
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If you choose to get a divorce or if you expect to be divorced, you’ll quickly find that almost everyone wants to give you advice.

You should take that advice only from a knowledgeable divorce lawyer. Why?

A variety of myths and misconceptions continue to persist about divorce, and the advice-givers, usually with the best intentions, often pass along those myths and misconceptions to others.


In New York, from the very beginning of your divorce, seek your legal advice and guidance only from an experienced Westchester County divorce attorney. Your future is too important to risk.

Myths about divorce cause uninformed people to choose the wrong options and take the wrong actions. Your divorce attorney can explain the laws and debunk the many myths about divorce.

Most of these myths are based on the way divorce used to be half-a-century ago or more. These myths and misconceptions include but are not limited to:


Adultery alone has no impact when marital assets are divided.

But if you’ve also spent marital assets recklessly, adultery could factor into the division of assets.

Either way, you will not lose everything.


That’s false. You can file for divorce in the state where you live now if you meet the residency requirements for a divorce. These are the residency requirements for New York State:

1. You or your spouse have resided continuously in New York State for at least two years before divorce papers are filed; or

2. You or your spouse have resided continuously in New York State for at least a year before divorce papers are filed and (1) you married in this state, or (2) you resided in this state while married, or (3) the grounds for your divorce happened in this state; or

3. You and your spouse are both residing in New York State when the divorce papers are filed, and the grounds for the divorce happened in this state.


The division of property in a divorce in New York is “equitable” but not necessarily precisely even or equal.

A variety of factors are considered by a judge when that judge divides marital assets, properties, and debts. New York divorce judges are not required to make a precise 50/50 division.


Decisions about alimony are not based on antiquated biases and prejudices.

New York has established gender-neutral alimony guidelines, so alimony orders in this state are based strictly on the economic realities of each ex-spouse’s income and expenses.

Women don’t always get child custody, either. That’s another myth that needs debunking.

The law requires courts to make custody rulings based on the best interests of the child. If living with the father is in a child’s best interests, the court must make its custody ruling on that basis.


In the past, New York required a reason for divorce – adultery or abandonment, for example. But in 2010, no-fault divorce became the law in this state.

Now, one spouse’s claim that there has been an “irretrievable breakdown” in the marriage is sufficient for obtaining a divorce.

However, before a New York judge will finalize a no-fault divorce, the spouses must resolve any divorce-related disputes such as property division, alimony, and child custody and support.

Those resolutions may be agreed upon by the spouses or imposed upon them by a court order. Spouses may also still seek a fault-based divorce in New York on these grounds:

” cruel or inhuman treatment (that is, physical or mental abuse)
” abandonment for at least one year
” incarceration for at least three years (for a felony conviction)
” adultery


This hasn’t been true for decades. A manipulative spouse may complicate or delay the divorce process, but if you want a divorce, it is your right under the law, and no one can stop you.

Nevertheless, here in New York, you should be advised and represented from the beginning of the divorce process by an experienced Westchester County divorce attorney.


Actually, fewer and fewer divorces these days require courtroom trials. “Collaborative” divorce, mediation, and arbitration are increasingly popular paths for resolving the disputes in a divorce.

Yes, you have to file divorce papers with the court, but if the spouses can agree on all of the issues, a divorce may be resolved without a trial or without either spouse having to appear in court.


As mentioned above, New York requires the courts to make custody rulings based on the best interests of the child. Neither parent can presume to have an advantage when it comes to custody.

If a child has a preferred parent, the judge may consider that preference as one of the factors guiding the custody determination, but children don’t just automatically get their choice.


The National Marriage Project at Rutgers University reports that the divorce rate for second marriages is 60 percent. For third marriages, researchers tell us the divorce rate is 73 percent.


Technically, this is indeed a myth. The law in New York actually does allow you to represent yourself in a divorce proceeding.

Realistically, however, you must have a good divorce lawyer’s insights, advice, and representation. Many who begin their divorces independently inevitably find that they need an attorney’s help.

There are a number of reasons why you need an attorney to advocate on your behalf in a divorce. For starters, your lawyer can explain fully all of your legal rights and options.

Your attorney will be familiar with all of the pertinent laws and legal procedures. Without an attorney, even a mistake in your legal paperwork could seriously prejudice or delay your case.


Often, what starts as a simple, friendly divorce can run up against acrimonious issues that require knowledgeable, experienced legal guidance.

Many realize too late – when the divorce order is final – that they gave up rights or lost out on property or assets that should have been theirs.

Don’t tell yourself that you cannot afford a good divorce lawyer’s advice and services. Too often, failing to have a lawyer ends up costing more than retaining a good one.

When you divorce, you must separate the myths and misconceptions from the facts. Get the legal help you need if you are divorcing or expecting to divorce in New York. It’s your right.

Why Do Women File For Divorce More Than Men?

Posted on: April 17, 2016 by in Divorce
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Women are more likely than men to file for divorce, according to essentially all of the research on the topic. Is it because women are more sensitive or more troubled by relationship difficulties than men? Apparently not. In relationship settings other than marriage – situations like engagement or cohabitation – men and women are equally likely to end the relationship. That raises the question: Is there something intrinsic about the institution of marriage itself that causes women to seek divorce in such greater numbers?

Since the 1950s, the statistics have told us that women are overwhelmingly more likely than men to seek divorce. According to the National Center for Health Statistics, about eighty percent of the divorces in the U.S. are initiated by women. That’s a stunning figure, but it seems that women have always initiated more divorces – one study conducted in 1974 even demonstrated that women initiated sixty percent of the divorces in the U.S. between 1825 and 1866. But in other kinds of romantic relationships, the ratio is about fifty-fifty, with some studies actually giving men a slight edge when it comes to ending an engagement or a cohabitation arrangement.


Michael Rosenfeld, an associate professor of sociology at Stanford University, examined data from Stanford’s 2009-2015 “How Couples Meet and Stay Together” project, a national study of relationships and breakups. Rosenfeld studied the cases of 2,262 adults in the U.S. who had opposite-sex partners in 2009. Six years later, 371 of these adults had ended their relationship or divorced.

Of that 371 adults, while breakups between unmarried couples were initiated about fifty-fifty by men and women, wives initiated 69 percent of the divorces. Rosenfeld explained to the Huffington Post that, “Women’s tendency to initiate divorce was well known but the gender neutrality I found for non-marital breakups was not, because previous surveys never bothered to ask people who wanted the breakup in non-marital relationships.”

Rosenfeld surmises that the distinction may have something to do with how women perceive marriage generally. According to his research, women are not only more apt to initiate a divorce, they’re also less happy while they’re married. In contrast, unmarried women and men report equal “happiness” levels in their non-marital relationships. Rosenfeld told the Huffington Post that that the findings tend to confirm the feminist doctrine that some women feel oppressed and stifled by the institution of marriage.


Rosenfeld believes the divorce statistics are a result of what sociologists – and now some in the media – are calling the “stalled” gender revolution. Stalled because while society as a whole has accepted that women’s roles are changing, women’s roles within families have changed slowly if at all. Rosenfeld’s findings were presented at the 2015 Annual Meeting of the American Sociological Association.


Why are women less happily married? Rosenfeld suggests that “second-wave feminists” were simply right, that marriage “oppresses” women. But is the answer really that simple? Certainly in some marriages, husbands could be considered “oppressive,” but in many successful marriages, women are happy and thriving. The most reasonable conclusion is simply that every marriage is different. According to a Pennsylvania State University study, these are the top ten reasons why women divorce:

  1. infidelity
  2. incompatibility
  3. alcohol and/or drug abuse
  4. growing apart
  5. personality problems
  6. lack of communication
  7. physical or mental abuse
  8. loss of love
  9. not meeting family obligations
  10. employment problems


Of course, infidelity remains a leading reason for divorce, and “empty nest syndrome” – after the kids grow up and move out – can also be a difficult time of adjustment for couples. Men and women are both looking for a partner who loves us unconditionally, asks our opinion on important matters, trusts our decisions, and respects us as a person. We all want to feel appreciated.

Most couples feel this way when they marry, but then life happens. Being different people, each person handles the stresses and pressures of everyday life differently. Arguments begin and communication breaks down. Often, the woman in a heterosexual marriage will try anything to make the marriage work. She may start reading books, losing weight, buying new clothes, and maybe even trying new hobbies. She only opts for divorce as a last resort.

Some wives try for years to resolve problems and differences, but in a declining marriage, the same issues often emerge over and over again. If you’re starting to think that it’s finally time for you to divorce, you’re going to need legal help. If you choose to divorce in New York – or if you decide that divorce is your only choice – a good family law attorney can guide you through a divorce and ensure that you are treated fairly at every stage of the process.


When a marriage is unhappy or unhealthy, and there’s no hope for improvement, trying to force a relationship to work may do more harm than good. If a marriage isn’t working, both spouses deserve to enjoy a better future. Don’t hesitate to ask for help from an experienced family law attorney. In the state of New York, speak with an experienced Westchester County divorce lawyer promptly. When you are divorcing, it’s imperative to have an attorney who understands your emotions, apprehensions, and needs, someone who’s handled scores of similar divorces in the past, and someone who can confidently offer you reassurance.


There are good reasons to have a skilled divorce attorney represent you in the divorce procedure. An experienced divorce lawyer will be able to explain all of your legal rights and options and will fight aggressively to win favorable terms and a fair divorce settlement on your behalf. Your divorce attorney will make certain that any jointly-owned marital property is divided fairly. If you are a parent, your divorce lawyer will ensure that your children’s best interests are a top priority.

If you are a women seeking divorce in the state of New York – or if you are a man and you need to initiate a divorce in New York – arrange at once to meet with and consult an experienced Westchester County divorce lawyer. If you are in an unhappy marriage, every day that you wait only means one more day of unhappiness. Yes, divorce is a last resort, but if that last resort is your only realistic option, make the call to an experienced Westchester County divorce lawyer as quickly as possible.


Does Tax Time Also Mean Divorce Time?

Posted on: March 9, 2016 by in Divorce
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For a great many married people in the United States, the figures – and the divorce attorneys – tell us that tax time is also divorce time. Even the Book of Ecclesiastes says, “To everything there is a season,” and for divorce attorneys and family lawyers, that season is January through April 15 (the actual deadline is April 18 this year). When marriages cannot be repaired, a new year might be right for making a transition, and with some cash back from the IRS, that’s exactly what thousands of people choose to do. But before you seek a dissolution, you must be prepared for a divorce’s financial ramifications – which can be substantial.

If the financial aspects of your dissolution are not handled properly, you could be dealing with severe and unanticipated financial problems for years into the future. Before you take any step toward dissolution, speak with a good divorce attorney, and follow that attorney’s recommendations. In Westchester County and nearby communities, consult with an experienced Westchester County divorce lawyer.

Westchester County divorce lawyer


As a marriage slowly winds its way toward divorce, some spouses will begin hiding assets to keep those assets from being discovered and divided in the dissolution process. Marital property can include real estate, equities and bonds, retirement savings, and even the pets. If you think your spouse is hiding assets or property, you’ll need to work with a divorce lawyer who is experienced at finding hidden assets and who is skilled in the division and distribution of marital properties in dissolution.

If you are using your IRS tax refund to finance a dissolution this season, it is absolutely imperative to consider what your finances and income will look like subsequent to the dissolution. Living on a substantially different income after your divorce will require meticulous and thoughtful planning. If you need the help, your divorce attorney can recommend qualified financial advisors and other beneficial resources in your community.

Before you make a final divorce decision in the state of New York or in any other state, be prepared for the financial consequences of divorce by taking these steps. Review your finances thoroughly. Obtain a copy of your credit report and examine it thoroughly as well. Open new bank accounts in your name only. Then consult with a good divorce lawyer regarding the cost of your divorce. Many divorce attorneys will arrange quite reasonable payment plans, and in some divorces, your attorney’s fees can actually be paid by your ex as part of the final settlement or agreement.

Westchester County divorce lawyer


What a divorce costs you will depend on the specific legal services you need. If you hire a family law attorney to handle only one aspect of your divorce, say the division of property or the child custody arrangement, that will cost more than a simple consultation but less than full representation. If you have few issues to resolve with your ex, a divorce will cost less, but if everything is in dispute, you’ll pay more. If you and your divorcing spouse can reach agreements on any of these matters, you can substantially reduce the cost of your divorce:

  • child custody, support, and visitation
  • division of property, assets, and debts
  • spousal support (alimony)
  • reimbursement claims
  • breach of fiduciary duty claims
  • legal fees

If you are funding a divorce with your IRS tax refund this season, you need to be aware that con artists are hard at work this year stealing those refunds. CBS News quoted one New York tax lawyer who says, “The identity theft with the tax returns has become a cottage industry.” The Internal Revenue Service has taken a number of measures to identify bogus tax returns, but the IRS also suggests that you never carry your Social Security card or number on your person and that you keep locked away any documents, official papers, or computer files with your Social Security number. The IRS will never contact you by phone, so never give anyone claiming to be with the IRS any information over the telephone.

Until 2010 in the state New York, divorcing spouses could not obtain a genuine “no-fault” divorce. You and your spouse had to be already legally separated, or one spouse had to prove that the other engaged in misconduct that constituted grounds for dissolution. In 2010, however, New York lawmakers passed and Governor David Paterson signed no-fault divorce into state law. Under the 2010 statute, New York couples may now divorce simply by stating that an “irretrievable breakdown” in the marriage makes reconciliation impossible. However, before a New York court will finalize a no-fault dissolution, the spouses must resolve all divorce-related issues such as property division, spousal support, and child support and custody. The resolution may be an agreement the couple has reached or it may be imposed by a court order. A spouse may still seek a fault-based divorce in New York on the basis of:

  • cruel and inhuman treatment (physical or mental abuse)
  • abandonment (for at least a year)
  • incarceration (for at least three years as the result of a felony conviction)
  • adultery

If a spouse seeks a divorce based on any of these grounds, he or she must prove to a judge that the other partner is guilty of the misconduct charge. A felony conviction is easy enough to prove, but if the alleged misconduct consists of adultery or cruelty, the purportedly-victimized spouse will have to prove the adultery or cruelty, and that may require witnesses and additional evidence. Fault-based divorces are typically disputed and acrimonious divorces that take a heavy emotional toll on everyone involved. Especially if you have children, it’s important to determine whether a fault-based divorce will offer advantages that are worth the emotional cost. Your divorce attorney can provide the advice you need.

Westchester County divorce lawyer


In New York, a married couple may also seek a divorce if they have been legally separated pursuant to a court-ordered judgment of separation for at least a year. To obtain a divorce in the state of New York, you must meet at least one of these conditions: you were married in New York and one spouse has lived in the state for at least a year; you have lived in New York as a married couple and one spouse has lived in the state for at least a year; or one spouse has lived in New York for at least two years.

In divorces in New York, marital property is divided “equitably,” so that property and debts acquired during the course of a marriage are divided on the basis of “fairness” rather than on a strict 50-50 basis. Marital property can include your home, incomes, and bank accounts. It can also include real estate, retirement funds, pets, and more. The court considers each partner’s current and future financial situation, children if there are any, and the value of assets or business interests.

A New York court may order one divorcing spouse to make alimony payments to the other. When considering the alimony decision, a judge will consider the length of the marriage, each partner’s current and future earning potential, and each partner’s contributions to the marriage. To modify an alimony order, the party requesting a modification must show that circumstances have changed so substantially that the ongoing order is no longer fair or appropriate.

Westchester County divorce lawyer


New York courts determine child support amounts based on the incomes of both parents. In most cases in New York, a parent’s child support obligations continue until the child reaches age 21. When determining the amount of support, the court will also consider each parent’s resources and the child’s health and educational needs. The court may order one parent to pay specifically for the child’s healthcare or educational expenses. As with alimony, if a child support order needs to be modified, the partner asking for the modification must show that circumstances have changed so that the original order is no longer fair or appropriate.

In any divorce that involves a child or children, New York’s courts always make the best interests of the children the highest priority. As it seeks to provide a child with the most stable environment possible, the court may award child custody to one or both parents. A judge may consider virtually any and every aspect of a family’s life with the goal of making the best possible decision for the child. If the parents can agree independently on a child custody arrangement, in most cases the court will approve that agreement. To modify a child custody order, the party requesting the modification must show that circumstances have changed considerably and that the original order is no longer in the child’s best interests.

For the personal divorce advice and committed legal representation that you’ll want and need when you seek a divorce in the state of New York, speak at once with an experienced Westchester County divorce lawyer. Although many may choose to divorce during tax season, the best time for you to obtain a divorce is when you are ready both financially and emotionally. An experienced Westchester County divorce lawyer can help. In Peekskill, Westchester County, and adjacent communities, if you are divorcing or considering dissolution, make the call promptly.

Here’s Why You Need to Show Gratitude during a Divorce

Posted on: November 6, 2015 by in Divorce
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During the dissolution, you may not be in the frame of mind for gratitude. It’s another matter altogether that many people who get divorced go on to believe that the divorce was the best thing that ever happened to them. Feeling grateful is something that comes more easily when the dissolution proceedings are complete. How, however, do you stay grateful while the dissolution is on?

According to a study, writing down things that you are grateful for during the divorce in a journal can actually help. The study found that people who wrote down all the things that they were grateful for in a gratitude journal were likely to be much more optimistic, and much better able to solve their problems compared to those who were not into this habit.

Every day, make a list of at least five things that you are really grateful for. Remember, all may seem dark now, but there’s plenty for you to be thankful for. Your health, your children’s health and well-being, the support of your family and friends and friends, even that pecan pie-flavored ice cream you had this morning is enough reason to give thanks.

Finding things to be grateful for even if they’re small things, can change your attitude and equip you better to face the emotional challenges that you’re likely to face after the divorce. Gratitude heals and protects you, and you will find that any resentment or bitterness that you are hanging on to will slip away as you learn to become more optimistic and see the positive side of things. Positivity will take you a long way after the divorce.

Some people even find it in themselves to celebrate a divorce as they would a wedding. In fact, celebrating dissolution is a very hot social and commercial trend at the moment. Event planners and caterers offer a variety of packages starting at around $1,000. One bakery in Florida markets divorce cakes.

While the Gideon Putnam Resort has historically been the setting for lush and extravagant marriage ceremonies, the resort is now marketing weekend “divorce getaways” for $5,000 per couple. You check in married on Friday, enjoy a lovely weekend escape, and when you check out late Sunday, you’re divorced. A divorce weekend includes separate accommodations, separate attorneys, and a divorce mediator as well as dark chocolate and red wine.

For some, dissolution is a reason to celebrate, and if the Gideon Putnam Resort dissolution getaway is right for you, congratulations. However, if you are like most divorcing couples, that approach is not exactly going to work. Instead, the first thing you should do is to contact an experienced Peekskill divorce lawyer for the legal advice and representation you need.

If you’re divorcing, you need an attorney who takes your concerns seriously and fights aggressively on behalf of your best long-term interests. For more advice on how to move on with life after dissolution, check out the other posts on this Westchester County divorce lawyer blog. If you have questions about how dissolution will change your life, speak with our Westchester County divorce attorneys.

Residency Requirements for Filing for Divorce in New York

Posted on: October 23, 2015 by in Divorce
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Under New York law, you can get a divorce if you meet certain residency requirements. These are important requirements that you must qualify for.

In order to file for dissolution, either you or your spouse must have been domiciled in the state continuously for at least two years, before you filed for divorce.

You can also file for dissolution in the state of New York, if either you or your spouse have been living here continues for at least one year before you filed for dissolution and you got married in the state, or you lived in the state as a married couple, or the cause of the divorce happened in the state.

You can also file for divorce in New York if both you and your spouse are domiciled in the state on the day the divorce was filed, and if the cause of the dissolution occurred in the state.

New York law allows you to file for dissolution based on seven legally acceptable grounds. The first of these is the breakdown in your marriage. This is typically the grounds that you will file on when you want to file for a no-fault divorce. For this, your marriage must have been over for at least six months, and you must have settled all financial issues, including division of property, alimony and custody and support of the children.

There are also fault-based grounds. You can file for dissolution based on cruel and inhuman treatment, and for this, you must provide evidence of specific acts of cruelty that occurred in the last five years. Remember, an argument does not constitute cruelty. You can file for dissolution based on abandonment, and for this, you must establish that your spouse abandoned you for a period of at least one year or more.

You can file for dissolution based on imprisonment, and for this, your spouse must have been in prison for a period of three or more years in a row.

You can file for dissolution based on adultery, and for this, you must provide evidence of adultery. Remember, to file for divorce based on adultery, you must provide evidence from a source besides you or your spouse.

You can file for dissolution  after you have signed a legal separation agreement, and have lived apart for a period of at least one year.

You can also file for dissolution after a judgment of separation, although this kind of divorce is fairly uncommon. Filing for no-fault dissolution is relatively uncomplicated. Talk to a Westchester County divorce lawyer to learn how you can file for dissolution on any of the other grounds.

If you have recently moved to New York, and are now planning to file for dissolution here, speak to a Westchester County divorce lawyer to learn whether you meet residency requirements for filing for divorce in New York State. For other help regarding divorce, including answers to your questions about asset division, determination of child support and child custody, and determination of alimony payments, speak to a Westchester County divorce lawyer.

Annulment vs. Divorce in New York

Posted on: July 10, 2015 by in Divorce
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When a married couple decide they want to end their marriage most will plan to divorce but in some cases, an annulment could be a better option. An annulment is a court procedure that dissolves a marriage as though it never happened. There are different reasons for choosing to annul a marriage but not everyone is eligible for an annulment.

Annulments can be done civilly or through a church. The first requires a court hearing and would by granted by the state if you qualify. In order to get an annulment one spouse has to have lied or concealed a truth about something essential, a spouse cannot physically have sexual intercourse, and the other spouse didn’t know it when they got married, spouses are too closely related by blood so that their marriage is illegal under the laws of the state where they married, a spouse was already married to someone else, spouse is under the age of consent, a spouse was too impaired by alcohol or drugs at the time of the wedding, or there was force involved.

Most of the time, annulments are chosen after shorter duration marriages making them faster and easier because there was no time to accumulate assets or debt. Long term marriages can be annulled and the court would mediate similar to a standard divorce in regards to assets, debt, property, and children. For religious purposes, a couple may obtain a religious annulment after obtaining a civil divorce. This option may be chosen in order to have a future marriage recognized by the church.

However, just because you have an annulment does not mean that you do not have any financial rights or obligations. You may continue to have financial rights like the right to alimony and the right to a fair division of your marital property under New York law. It’s important to get advice from a family lawyer in New York before you get your marriage annulled. You do not want your financial rights to be comprised even if the marriage is annulled. There are rights that you must protect.

When the court establishes that your marriage is null and void by issuing a Declaration of Nullity, it will also seek to establish certain financial rights and responsibilities of the partners. That can include the right of one spouse to seek and receive spousal maintenance and alimony payments.

The parent who gets primary custody of any children that may have been born during the marriage has the right to child support payments to support these children. The partners may also continue to have rights to child custody, and a visitation schedule for the noncustodial parent. Additionally, the marital property will also be divided between the partners under New York laws.

It is always in your best interest to obtain a Westchester County divorce attorney who specializes in family law to guide you through the process of dissolving your marriage. Consult with our divorce lawyers to see if divorce or annulment is the best option for you.

Who Gets What in Divorce in New York?

Posted on: June 29, 2015 by in Divorce
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When a state is considered to be an equitable division state, which New York is, this means in the event of a divorce, each spouse owns the income he or she earned while married, and has the right to handle any property that’s in his or her name alone. While this seems fairly simple, it doesn’t always work out this way. It is up to the judge to make the deciding equitable division of assets and they are not always equal and both parties are not always going to like what the judge decides.

Equitable distribution in a divorce is supposed to ensure that both parties get an equal share of what they have contributed. In the state of New York, the judge has the final say and will render his decision based on the income and any properties owned by each spouse at the time of the marriage and the divorce, both spouse’s age and health, what the custodial parent will need to parent the child, alimony, and the future financial needs of each spouse.

Determining what is marital and what is separate is often the central issue in a disputed divorce. In a New York divorce, separate property needs to be identified, and if you claim that an item or asset is your separate property, you may have to prove it. Some couples have signed a prenuptial or postnuptial agreement that specifies how assets and debts are to be divided in the event of divorce. Typically, these documents are enforced unless one party can show why such an agreement should be voided or set aside. If there are no previous agreements, and if both divorcing spouses and their attorneys can agree upon the division and distribution of assets and debts, that settles the matter. If no agreement can be reached, the dispute goes before a judge.

In a New York divorce, the marital assets and debts are divided and distributed “equitably,” but equitably does not necessarily always mean “equally” in precise dollars and cents. The judge in a divorce is simply seeking to be fair to both sides, so what “equitably” really means is “fairly.” If you are divorcing in Westchester, Dutchess, Putnam, Orange, or Rockland County, or if you are anticipating a divorce, obtain the legal advice and services you need at once by contacting an experienced Peekskill divorce lawyer.

Property division and distribution can be exceedingly complicated, especially if a couples’ assets and property holdings are extensive. If at all possible, agreement between the parties should be reached through mediation. If you can settle any disputes then the judge will not become involved except to review a written separation agreement on how you want to divide your property. However, if you are divorcing in New York and you anticipate a dispute with your spouse over marital assets and debts, your future and your best interests will be at risk. You are going to need legal help from a divorce attorney with considerable experience in such cases. With the help of an experienced New York family law divorce lawyer, mediating and getting a decision that both parties agree on is not only possible, it is likely.

Foreign Divorce And New York Law

Posted on: June 17, 2015 by in Divorce
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For years, New York residents could only file for dissolution if they could prove some kind of fault. They have to prove marital misconduct by the other party. However, since then, the laws have changed, and now New York residents can also get a divorce by simply claiming irretrievable breakdown of the marriage. When you claim irretrievable breakdown, what you are saying is that you and your spouse do not find it possible to live together anymore in a marital relationship, and want to end the marriage.

New York residents can file for a no-fault divorce, where you do not have to prove that the other person was at fault. However, you must resolve issues like child support, child custody, spousal support as well as division of assets in the divorce. Apart from a no-fault dissolution, you can also seek a dissolution based on any one of the following grounds.

  • One spouse must have abandoned the marriage for a period of at least one year
  • You have been subjected to cruel and inhuman treatment by your spouse
  • Your spouse has committed adultery
  • One spouse has been incarcerated for at least three years after the marriage

However, the laws are different when it is a foreign divorce. Divorce laws are different not only in every country but in almost every local and regional jurisdiction around the globe. In some regions, local customs and cultures govern divorce in ways that may not be formalized by official statutes. With a hodgepodge of laws, treaties, and cultures and utterly no uniformity, how do New York state courts deal with foreign divorces? When a New Yorker divorces in a foreign country, will New York law honor that dissolution? If a dispute emerges, a number of issues will need to be considered, and because no two situations are alike, it’s imperative to have the sound advice and legal guidance of an experienced Peekskill family law attorney.

A number of nations allow their overseas citizens to obtain a dissolution without being physically present. These are called “mail-order” divorces because they can be arranged inexpensively by mail without anyone having to leave the United States. Many states honor mail-order divorces. In New York, however, mail-order divorces are not automatically honored. New York courts will recognize a dissolution granted by a foreign country only if these requirements are met:

  • Each spouse must have adequate notice.
  • At least one spouse must have physically visited the jurisdiction granting the divorce (and usually for a reason related to the divorce proceeding).
  • The responding spouse (that is, the spouse who is not seeking to divorce) must have physically appeared before the court granting the dissolution or else must have signed documents affirming or at least implying recognition of that court’s authority.

New York courts will not validate a foreign dissolution unless all three requirements are satisfied. If you need to have your foreign divorce legally recognized in New York, or if you have any questions or concerns regarding divorce and family law in New York, discuss those matters right away with an experienced Peekskill divorce attorney.

For The Sake Of The Children

Posted on: March 11, 2015 by in Divorce
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It doesn’t even have to be said. If divorcing spouses have youngsters, a divorce is going to be difficult. The children’s lives will be permanently affected, and for that reason, a number of parents involve their children in discussions regarding child custody and visitation. Don’t. Your children really have no place in these discussions. Of course it’s important to tell your children that you still love them and that they are not in any way responsible for the divorce, but it’s also important to draw some lines. Court hearings, negotiation sessions, and attorneys’ meetings are frankly inappropriate for children. Instead, you and your lawyer must speak and act in your children’s best interests. If you are divorcing with children in Westchester, Dutchess, Putnam, Orange, or Rockland County, or if you’re wrangling with your ex-spouse about child custody, support, or visitation, take your case immediately to an experienced Peekskill family law attorney. Nothing is a higher priority than your children.

It’s always best when divorcing parents can take a cooperative approach to settling their disputes, especially the custody and visitation disputes that most affect the youngsters. Think of yourself as working for your children but not with them. Children frankly do not benefit from exposure the acrimony and contentiousness that often accompany a divorce. Ensuring that they are safe and that they are loved by both parents is what children require most during a divorce.

Most of us know people who stay married “for the sake of the children,” but the real truth is this. Divorce is probably better for your kids than raising them in an atmosphere of contention, acrimony, and abuse. If you need to dissolve an abusive or violent marriage in New York and get your kids out of a bad situation, talk at once with an experienced Peekskill divorce attorney. Don’t let your children grow up surrounded by anger, arguments, and acrimony. In that type of a marriage, a divorce can offer youngsters these real, practical benefits:

  • A more relaxed emotional atmosphere: Although it may be tough the first few months after divorce, your kids will eventually “settle in” to a calmer and less contentious life.
  • Two homes without constant wrangling is better than one home with it. For the children, dissolving a bad marriage can be a double-win situation.
  • Happier adults: Happier adults make better parents, and better parents make better kids. Happiness is contagious. There’s no certainty that you will become a better parent after a bad marriage, but you’ll be able to focus more and better on your youngsters and your parenting.

Whether you need advice for the future or legal representation now, speak to an experienced Peekskill family law attorney about the issues that impact your youngsters. If you are seeking the modification of a current child custody, support, or visitation order, our Peekskill child support attorneys can help. Your child support attorney can also review your circumstances, explain your legal alternatives, and help you choose the right options for your youngsters and yourself. For the sake of your children, do not wait to make the call.

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