Tag : Divorce

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College Tuition Basics

There is no mandatory requirement that parents pay for college education. So, why do so many divorce agreements have a college clause? Because the court has the discretion to order it. So, in order to protect themselves from what a…

0 Comments / 158 View / July 24, 2016

Mediation

Should You Hire a Mediator for an Uncontested Divorce?

One of the biggest misconception is that when doing an uncontested divorce the parties only need one lawyer. The main driver for this belief is a desire to save money. Look, I get it, you think that the two of…

0 Comments / 227 View / July 24, 2016

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New Temporary Maintenance Law

New Temporary Maintenance (Spousal Support) Law Starting for all divorces filed on or after October 26, 2015, there is a new law for temporary maintenance (spousal support) in New York. Please note we DO NOT use the term “Alimony” in…

0 Comments / 651 View / October 4, 2015

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Professional Degrees and Licenses are no longer marital property

For all divorces filed on or after January 25, 2016, licenses, degrees, professional goodwill and other forms of enhanced earnings will no longer be considered marital property. This law does not effect divorces currently pending or divorces filed before January 25,…

0 Comments / 573 View / October 4, 2015

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New York Divorce Law Prenuptial Basics, Part I

New York divorce law loves agreements. An agreement means no trial, and the issues are resolved. In fact, so strong does the New York divorce law support agreements, that they are pretty impossible to break. There are three basic agreements…

0 Comments / 144 View / December 30, 2007

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Landmines In Child Support Part 1

A legal landmine is a mistake that I see people repeatedly make. The mistake is made because the person doesn’t realize he is making it, until it is too late. In New York family law and divorce law, there are…

0 Comments / 78 View / December 25, 2007

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Ex Parte Foreign Nation Divorces

Although not as common as they used to be, ex parte foreign divorces are still an issue. By ex parte, we mean the court only had jurisdiction over one party. Back before New York eased, to some degree, its divorce…

0 Comments / 361 View / November 25, 2007

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Delay tactics and Equitable Distribution

One question I get asked quite frequently is: if my spouse plays games in the divorce, can the court punish he/her by giving me the house?   To put that question is legalese: can the court alter the equitable distribution…

0 Comments / 206 View / November 25, 2007

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OLD LAW:Professional Licenses

This post applies only to divorces filed before January 25, 2016. For all divorces filed on or before January 25, 2016, the law has changed. Licenses and degrees will no longer be considered part of the marital estate. This law…

0 Comments / 93 View / November 4, 2007