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Articles about Divorce & Family Law in New York

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Divorce vs. Annulment in New York State

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...

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How Long Does It Take to Get a Divorce?

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...

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The Amicable Divorce

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....

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Appreciation of Separate Property

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...

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New Spousal Maintenance Law

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....

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One of the primary concerns when a couple decides to separate is child custody.  It’s difficult to envision not living with your children all the time, but it’s the reality of separate households.  What post-separation parenting arrangement is best for your children? ...

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Danger Of The DIY Divorce Agreement

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...

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Pet Custody in Divorce Actions

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...

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9 Reasons Not to Delay in Obtaining Your QDRO

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...

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Recoupment Revisited

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...

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The Marital Residence and Separate Property

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...

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Separate (But Different) Property

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...

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