Under New York law, when a married couple decides to divorce, they must divide their marital property in a way that is equitable, or fair. But first, they have to figure out what, among all their assets and liabilities, is marital property and what is separate...
Year: 2022
How are child custody decisions made in New York?
Child custody may be at the top of your list of concerns during your divorce. Navigating child custody can be made easier if you know what to anticipate and how child custody decisions are made in New York. Child custody factors used to determine custody There is a...
Choosing legal separation over divorce
New Yorkers have faced unprecedented challenges over the past few years, between social isolation, severe income or health challenges and a tumultuous and unpredictable economy. It is no wonder divorce rates are skyrocketing and families are feeling emotional and...
How parental substance abuse may be harming your child
New York courts decide child custody cases based on their determination of the best interests of the child. In making this determination, just about every aspect of your child’s life and your ability to care for them, as well as the other parent’s abilities, will be...
What are the grounds for divorce in New York?
Ending a marriage is governed by New York law. Courts recognize seven legal reasons. Procedure Spouses must file for divorce in a New York State Supreme Court in the county where they live. New York courts issue judgments covering marital property, debt, child custody...
Using a professional appraisal in a New York divorce
One of the most difficult issues in any New York divorce is valuing the homestead and allocating the net value between the parties. Each spouse may have his or her own opinion about the home’s value, especially if the family has lived there for more than five years....
Child support calculations can be complex for high earners
Like other states, New York uses child support guidelines that judges are supposed to follow when deciding how much support each parent is responsible for. These Child Support Guidelines are supposed to make sure that both parents get treated fairly. They also ensure...
How can I make the divorce easier?
One thing that some married couples forget when discussing divorce is that it does not have to be a hard, complicated process. Instead, an amicable divorce is possible, as long as couples avoid some common mistakes that can throw a wrench into the process. Agreeing to...
What is spousal support and maintenance?
In addition to child support, married or divorced spouses may need other support to continue their standard of living or to make up for the loss of income when they raised children or made other sacrifices for the family. New York law governs this support and its...
What happens if I need to move?
Single parents who wish to move, either to another borough in New York City or to a more distant destination, usually have good reasons for doing so. In many cases, a better job opportunity or more affordable housing could be the reason. In other cases, a person may...