Recent Posts in Divorce Category

  • When Can You Record Another Person in New York State?

    || 21-Dec-2015

    I am often asked whether or not one can record another person. This issue comes up most often during custody issues when allegations are contradictory as to what is being said between parents. The answer to this question can be complicated but the short answer is one can record another person so long as one party to the conversation knows that it is being recorded. As such, a recorder cannot be ...
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  • Equitable Distribution and the Separate Marital Residence

    || 16-Nov-2015

    Generally speaking a marital residence that is the separate property of one party to the marriage is not subject to equitable distribution without a showing that it has been transformed or transmuted into marital property. A spouses contribution toward the other spouses separate property marital residence alone does not mean that the marital residence has been transformed into marital property ...
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  • What Is An Uncontested Divorce?

    || 13-Aug-2015

    Each week I received a number of phone calls whereby people state that they wish to obtain an uncontested divorce. However, many people are confused as to what an uncontested divorce is. The simple definition is that an uncontested divorce is one whereby the attorney is simply putting together the legal documents with the correct legal language regarding all aspects of the divorce, which are ...
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  • Terrence Howard seeks modification to divorce agreement

    || 30-Jul-2014

    New York residents who may be contemplating divorce might be interested in Terrence Howard's current situation. The Oscar-nominated actor says he is unable to pay alimony to his second wife. He is petitioning the court to reevaluate the agreement in light of his current income. According to the actor, who has been in such films as 'Iron Man," he is not able to pay the $325,000 in ...
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  • Negotiating property division in New York

    || 21-Jul-2014

    Many divorced couples in New York understand how problematic property division can be if not managed properly. Often times, people are still held liable by creditors if their name is still attached to the marital home. If the divorce or separation has not been finalized, an individual can still be held liable for the debt incurred by an ex-spouse for non-payment. This may also create a challenge ...
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  • Former Dodgers owner caught in divorce fees fight

    || 1-Jul-2014

    When Frank McCourt, former owner of the Los Angeles Dodgers, divorced his wife Jamie in 2012, Jamie received $131 million tax-free as part of the divorce settlement. New York readers may remember that she was also given several of the luxury homes the couple had owned together. Part of the agreement, however, stated that if either member of the couple later wanted to contest the divorce ...
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  • Deciding whether collaborative divorce is the correct route

    || 4-Jun-2014

    We've been hearing more and more about collaborative divorce in the media. Though this promises in certain divorce matters to be less contentious than taken the case through court, it requires a level of commitment from all the parties involved to be successful. Parties to such a divorce do need to be collaborative. This can be difficult, however, because individuals are often blind to their ...
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  • Whatever reasons for a divorce, the property needs to be split

    || 22-Apr-2014

    According to New York State Department of Health statistics, divorce rates have increased in our state during recent years. While it's not entirely clear why the numbers have increased, it does appear that many individuals put off divorce during the recession years only to wait until divorce seemed more affordable. It must be kept in mind that many of these couples would have divorced ...
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  • Family law disputes involving children need to remain kid-focused

    || 7-Apr-2014

    According to a New York child psychiatrist, children suffer greatly in a divorce due to their almost total dependence upon their parents. When children perceive that one parent is no longer reliant upon the other parent, they may feel that they may also not be cherished. The reaction of children in the event of a divorce may be dependent upon their age. However, an adjustment period is likely for ...
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  • Case highlights New York law as pertains to shared property

    || 25-Feb-2014

    A Manhattan judge has ruled that the assets of the parties are frozen when a divorce action is filed. This came about when a New York man attempted to sue his mother-in-law in an out-of-state action over certain property. The judge cited New York's Domestic Relations Law 236(B)(2)(b) as preventing this other action from going forward. The husband had sought to seek partition of property that ...
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  • Eliot Spitzer, Silda Wall end marriage with uncontested divorce

    || 17-Jan-2014

    Former New York Gov. Eliot Spitzer and his wife, Silda Wall, have filed divorce papers. The two reportedly settled all of their divorce matters outside of court in the uncontested divorce. The couple, who had been married for 26 years, announced that they were breaking up in December. In most cases, uncontested divorces are more beneficial for individuals than contested divorces. Uncontested ...
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  • Can a divorce affect your Social Security benefits?

    || 4-Nov-2013

    According to data provided by Dr. Phil, in 2003, 60 percent of marriages for couples between the ages of 20 and 25 ended in divorce. And although it’s ten years later, statistics haven’t changed much and researchers believe that many divorces happen during this time in a person’s life. But what about people who decide to divorce later in life? Called a "grey divorce," ...
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