Getting Started: Filing for Divorce in New York (Residency Requirement)

Going through a divorce is an emotional and difficult time; even if both of you agree on everything, it is always recommended to review with an attorney. There may be property that needs to be divided or child support to be awarded, our Westchester family law attorneys will help you through the challenging process of filing for divorce.  Two initial requirements exist in order to file for divorce in New York: 1. Residency: there are several ways to claim residency – a. You or your spouse … [Read more...]

Bankruptcy Following a Judgment of Divorce

“My ex-spouse filed a bankruptcy and creditors are now coming after me…but he/she took the debt in our Judgment of Divorce.” A divorce is final and you believe everything is resolved, all prior ties are cut, and it is time to move on with the next path in life. Than the phone begins to ring, a creditor is saying you owe money. You pull out your Judgment of Divorce, tell them your ex-spouse took the debt, and they tell you its irrelevant, either pay the debt or they will sue. You are wondering … [Read more...]

Child Custody/Visitation

A New York court looks to provide a joint custody arrangement whereby the parents will share physical and legal custody of the minor child(ren) as it often is in the best interest of the child. Physical custody is the actual physical possession of the child whereas legal custody is the ability to make the everyday decisions on behalf of the child. When determining custody, the courts will consider some of the following factors: The child’s request (this is taken into account generally … [Read more...]

NEW YORK SPOUSAL SUPPORT

Family Law: "Alimony" in New York New York recognizes two types of support for a spouse: Spousal Support and Alimony (known as “maintenance”).  Alimony refers to support paid while the divorce action is pending, known as temporary maintenance, and money paid once the divorce is final. This article will focus on Alimony as spousal support is money a spouse pays to his/her spouse while still married. When parties separate or divorce, an ex-spouse can be responsible to pay the other … [Read more...]

What to Know About Filing for Divorce In New York

The sad truth about some marriages is that they just weren’t meant to last. However, in New York City, the divorce rate is actually lower than most other metropolitan cities. Of course, Las Vegas holds the title for the greatest number of divorces. In the Big Apple the rate is around 210,000 out of a population of over 18 million. Here in Westchester those rates are on par at around 6% of males and 9% of females filing for divorce. While it is true that there is emotional pain going through a … [Read more...]

Is It Time for a Divorce?

There is a common misconception about prenuptial agreements as creating a kind of "backdoor" out of a marriage. In other words, if you begin a marriage by planning for its end then it is certainly doomed, right? That's not always the case. Many couples with prenuptial agreements go on to have long and happy marriages. It just makes sound business sense to enter into this type of agreement especially if the couples are bringing large personal assets to the union. But what happens when a … [Read more...]