Divorce vs. Annulment in New York State The terms "divorce" and "annulment" are sometimes used interchangeably, but they mean very different things. A divorce is the dissolution of a valid, legal marriage. Once a divorce decree is obtained, the partners resume their...

While parents are not ordinarily obligated to support children in New York beyond the age of twenty-one years, the majority of U.S. states have legislated exceptions for children whose mental and/or physical disabilities prevent them from adequately caring for...

For many individuals suffering in unhappy marriages, the answer to the question "how long does it take to get a divorce in New York State" will surely be "too long."  Disaffected spouses naturally want to get on with their lives, and the thought of having one's life...

An amicable divorce may seem like a contradiction in terms, but it need not be.  There are several ways that a fair divorce settlement can be reached out-of-court between mature, reasonable people - through mediation, a collaborative divorce, or an amicable divorce....

Naturally, when it comes time to split stuff up in a divorce, we want to at least keep what we had before the marriage.  For the monied spouse, it’s one thing to have to give up a large percentage of assets he/she acquired during the marriage to the other spouse,...

There is nothing equitable about separate property in a divorce action. If you have it, you get to keep it – all of it – unless, of course, some part of it has changed into marital property. Only marital property – property acquired during the marriage – is divided...

The right to be with your child, along with rights to care and supervision, are some of the most basic liberties we enjoy.  We can all agree that assuming basic fitness of the parents, nothing should stand in the way of these rights, even after the parents break up....

UPDATE: Governor Cuomo signed the bill into law on September 25, 2015. The Temporary Maintenance provisions are effective for divorce cases filed on or after October 25, 2015, and the balance of the law is effective for cases filed on or after January 23, 2016....

An all-too-common scenario involves the separating couple who prepare their own settlement agreement which contractually resolves all of their issues – everything from custody and support, to property and debt division --  only to find out months or possibly years...

There are special rules which govern attorney billing in New York, and there are particular requirements for attorneys handling domestic relations matters (divorce, child custody, child support, etc.).  You should never hire, nor continue to work with, any lawyer who...

These days it goes without saying that intercepting email is a violation of the law.  Although the occasional hapless employee is surprised to learn that his or her employer can lawfully view personal emails sent or received on office equipment, by and large, most...

It should not surprise anyone that parties to a divorce action are often unable to agree on who should keep the prized family pet.  As with any other issue, when they are unable to agree, the parties must look to the court for a determination.  Until recently, the...

In divorce and family law, more than any other area of law, much of what needs to be proved is undocumented. Especially where custody and domestic violence are involved, there may be nothing other than a witness’ testimony, and that may not be enough to convince a...

Before the Court can issue a custody determination based upon the child’s best interest, the Court must have the authority to intervene. This legal principle is referred to as jurisdiction. In custody determinations, the Court must possess jurisdiction in order to...

The resolution of a divorce action, whether by trial or settlement, can take months or sometimes years. Understandably, after receiving the judgment of divorce, many people are less than eager to seek yet another order from the Court. However, if you are entitled to...

A slate of new domestic relations laws were signed into law by Governor Paterson on August 15, 2010. The amendments to the state Domestic Relations Law make it easier to get a divorce, and make it easier for a less monied spouse to obtain temporary maintenance and...

Everyone loves a surprise ending, right? Maybe. Just don’t ask the spouse who owned a home prior to marriage, and expected she would be able to keep the home as her separate property in the divorce, only to find out that her husband has an interest in the value of the...

The settlement of a divorce case, like the settlement of any dispute, usually involves compromises by both parties. Although neither party gets everything they want in the settlement of divorce, it is sometimes preferred to a trial where the cost of further...

There is no way to split a child in two; and yet, if there was, it would surely be in his/her best interest to become two halves. For many parents faced with being without their child when a former spouse meets "Mr./Ms. Right" or is otherwise compelled to relocate,...

For most people, their most valuable asset is their home. If your home was purchased during your marriage and is titled jointly in the names of you and your spouse, dividing this asset in a divorce would seem to be a simple matter – sell it and split the proceeds...

The idea that there must be legal distinctions for practical differences has always carried with it a related, if somewhat less popular idea -- where there are no practical differences, there should be no legal distinction. And yet legal distinctions abound when it...

Fortunately or unfortunately, married couples often wait until they can no longer stand the sight of each other before calling it quits. But "quits" is just the beginning of their divorce, a process that can last from several months to the better part of a year or...