Can I Apply For Counsel Fees In A New York Divorce?
If you are the lesser monied spouse, you can apply for counsel fees in New York in yourNew York divorce case. The Court wants the parties to play on an even playing field. It isnot an easy thing to do because there are certain qualifications the court will look at whenyou’re filing your motion. Make […]
What If My Spouse Is Hiding Money and Income In A Divorce When I Need Spousal Support and Child Support?
A Court has the authority to apply a needs test under certain circumstances where it is impossible to determine where the income is coming from. It also has the innate ability to impute income against one spouse where it is obvious that one spouse has income but declines to disclose it. Also, where a spouse […]
Can A Court Order The Sale Of A Martial Residence Before A Divorce Trial?
It is well settled that a Court may not Order distribution of marital assets pendente lite, nor Order the sale of the marital residence pendente lite. In the First Department case of Tagioni v Garcia 200 AD.3d 44 (First Department, 2021) the Court held that real property held as tenants by the entirety may not […]
General Divorce Information
Also, read these informative articles by Lisa: One out of every two marriages ends in divorce. Because of financial and time constraints, however, many parties first find themselves in Family Court seeking an acknowledgment of paternity, child support and/or custody. If those issues can’t be resolved then it becomes necessary to speak to an attorney […]
What to Expect When Expecting Divorce
This article will help you maximize the result you want to achieve from your action for divorce or child custody, and will try to inform you as to what you should do and know before you see your divorce lawyer in New York State. This article will help you maximize the result you want to […]
Divorce Myths & Real Facts A-Z
Popular Myths and “Old Wife’s (and old Husband’s) tales”. It’s amazing how many people still believe and perpetuate some of the fantastic lore that surrounds divorce. Wild stories that pop up in the news, on television, misinformation, and isolated events often times perpetuate and fuel the below myths. Also read these informative articles by Lisa: […]
New Laws Affecting New York Divorce, New York Child Custody and New York Child Support Orders
MILITARY DIVORCES AND CUSTODIAL ORDERS If you are going through a divorce in New York State or a divorce in New York City, you may want to consider the latest laws affecting child custody adn child support. If you are a military parent and plan on returning home soon you may want to know that […]
The Potential of New York Courts to make new law that will impact upon the court’s future decisions to recognize Gay Marriage in New York
We do not recognize gay marriage in New York unless the gay marriage occurred elsewhere in another state. That said, the law is moving in a new direction. In the case of “Court of Appeals of New York, in the Matter of H.M. (Anonymous), Appellant, v E.T. (Anonymous), Respondent, on May 4, 2010, the highest Court moves in that […]
DO YOU WANT TO MOVE TO A DIFFERENT STATE?
CPLR Section 302 B tells spouses in New York whether New York has the power to adjudicate their divorce when one or both members of the family move to another state. Do you want to move to move to a different state with your children but your ex spiuse does nto want you to leave […]
What will happen in Divorce Court?
This is a very generalized statement for educational purposes only as to what a divorce looks like if the parties are contesting the divorce. This guideline set forth below under New York State Law is what you might expect to see but no guarantees are to be read into this article as litigation is hazardous for both […]