A prenuptial agreement is a contract that is entered into between two people before they are married. The contract typically dictates the division of property and maintenance/support amounts and duration should the parties divorce. These contracts are especially important to any party coming into a marriage with significantly more assets than…
If you are going through a marital separation in New York, you are certainly not alone. According to Statista, the annual divorce rate in New York is approximately 2.7 per 1000 residents. That means there are nearly 60,000 divorces in the state each year. While going through a divorce is…
Married couples should be pleased to know that New York has one of the lowest divorce rates in the country. Clocking in at 12.7 divorces per 1,000 marriages, New York was just behind New Jersey (12.5 per 1,000) for the lowest rate of divorcing. Unfortunately, marriage can strike anyone, and…
Recently, you may have read that Stormy Daniels is challenging the confidentiality agreement she purportedly entered into with an attorney associated with then presidential candidate Donald J. Trump. The purported agreement is now the subject of various lawsuits, including an action to set the agreement aside because it is void…
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 between…
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. Unfortunately,…
The Suffolk Lawyer, the official publication of the Suffolk County Bar Association. Contributors to the “Focus on Matrimonial” Special Edition include Clifford Petroske, on “Rights of Gay and Lesbian Couples to Custody and Visitation,” and Michael Meyers, on “Jurisdiction and Custody Orders.”
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. Long-awaited revisions to the spousal maintenance…
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? Consider shared custody. Absent extraordinary circumstances such as…
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 down the road that their agreement is defective and unenforceable….
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