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News about Divorce Law in New York State
Articles on New York Divorce Law
Do Grandparents have visitation rights?
May 15, 2017
Do Grandparent's have rights in a custody case?
WHAT IS A NEW YORK DIVORCE MOTION
May 11, 2017
A Motion is a request filed by an attorney requesting that the Court take action on some matter related to an ongoing dispute. There are countless varieties of Motions. Typically, Motions are filed to either enforce and existing court order or to modify a court order. This comes up in the issues of child custody, child support, alimony, discovery, and every other facet of the divorce process.
Motions may also be filed in an expedited fashion by way of an Order to Show Cause. Usually this is filed when a party is seeking emergency relief or if the Court rules require it to be so filed in that fashion rather than on Notice of Motion. There are many rules that form a predicate for a motion for relief which can be found in the New York Civil Procedure Rules and Law, the Domestic Relations Law and the Family Court Act.
Speak to and seek out the advise of a lawyer before attempting to file a motion in New York.
By: Lisa Beth Older, Esq. Your NYC Divorce Lawyer
What is Separate Property? What is Marital Property?
April 26, 2017
What is Marital property in a New York Divorce case?.
Marital property is anything you or your spouse have acquired or saved during the marriage, such as a car, a house, bank accounts, pensions, and a business.
What is separate property? Separate property is where one spouse is declared the sole owner of the property under certain instances. For example, if one spouse owned property before the marriage and kept it separate and did not put the other spouse’s name on it then it remains separate property. Also, any gifts you receive from someone is deemed your separate property as is inheritances or property that the parties agree will remain separate in a formal document acknowledged in a formal writing that meets New York State requirements such as a nuptial agreement or prenuptial agreement.
property acquired by one spouse using separate property assets with the intention of keeping it separate. Also keep in mind that portions of a personal injury awards can also be considered separate property such as compensatory awards for pain and suffering verses loss of wages.
By Lisa Beth Older, Esq.
Law Offices of Lisa Beth Older
How Do I Get Certified Copies of My DIVORCE IN NEW YORK
April 22, 2017
Some might ask how do I get certified copies of my NY divorce papers? You can obtain these papers or any other Court Order of divorce judgment be going to the County Clerk Office in the county where the divorce occurred and was entered.
An opinion on Mediation by One of the many Top New York City Divorce Lawyers
April 22, 2017
Should I litigate my divorce or Mediate my New York Divorce case/
Mediating your divorce through mediation is a good alternative to trying your case in front of a Judge because spouses that can still remain civil have the opportunity to save a lot of money on New York City divorce lawyers. Here, a third party trained “mediator” helps you to reach a mutually acceptable agreement as to how to go about splitting up the assets which parties, how to ascertain who owes what and how much child support or spousal support, and such other issues as child custody and visitation. It is not safe to enter into mediation if one spouse is alleging domestic violence against the other spouse and it is not advisable, in my personal opinion, where one spouse knows more about the other spouse as the marital assets.
WHAT ARE GROUNDS FOR DIVORCE
April 22, 2017
What should I know before I see my divorce lawyer and what should I prepared to ask her or him?
The first thing that you should know is that in New York, when applying for a divorce, you are no longer required to claim that your spouse was somehow at fault in the divorce, or live separate and part for a year pursuant to a separation agreement. Absent egregious conduct, such as domestic abuse, which will be considered in any divorce case, no matter how it is filed, the Courts in my opinion would prefer not to hear about the affairs of your spouse, etc. any of those sort of complaints would only come to bear issues such as access and custody to the children, or marital waste. Rather the Court would prefer as a practical matter that you proceed by consenting to the grounds of the marriage as having been “irretrievably broken down for six months or more”.
That is not to say that there are no other grounds you can sue on if you are petitioning for a New York divorce. Curiously the DRL still allows you to file for adultery and cruel and inhumane treatment and on other more traditional grounds and it is your right to sue for divorce on those grounds if it bears upon the ultimate outcome of custody or marital waste in an extreme way.
Still grounds have little to no bearing on the ultimate distribution of assets or custody as the court will hear these details during this trial in anyh event, regardless of grounds, as one of several equitable considerations in deciding these issues so think twice before you waste your money litigating just grounds-when you have so many other issues to worry about.