Tag : Divorce

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 / 186 View / July 24, 2016

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 / 262 View / July 24, 2016

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 / 683 View / October 4, 2015

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 / 634 View / October 4, 2015

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 / 153 View / December 30, 2007

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 / 79 View / December 25, 2007

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 / 386 View / November 25, 2007

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 / 219 View / November 25, 2007

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 / 95 View / November 4, 2007