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The Amicable Divorce

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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. In mediation, the couple meets with a third…

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Appreciation of Separate Property

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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…

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New Spousal Maintenance Law

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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…

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Danger Of The DIY Divorce Agreement

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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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