While married people generally have the right to buy and sell assets as they see fit, parties engaged in the process of ending their marriage via divorce generally do not enjoy such freedoms. Specifically, New York law generally enjoins parties from disposing of marital assets without express permission. Recently, a…
Many couples who decide to end their marriage are able to negotiate the terms of their separation successfully. When such agreements are memorialized in writing and submitted to the court, they typically will be incorporated into the judgment of divorce. While written separation agreements deal with family law issues, they…
It is common for courts to issue orders that impose financial obligations on parties in New York family law cases. Such orders are legally binding and enforceable by the courts. For example, if a party fails to comply with the terms of an order, they may be held in contempt.…
Under New York law, when a couple divorces, any marital assets are subject to equitable distribution. In other words, the courts will allocate them in a manner they deem fair, which does not necessarily mean they will be divided equally. Separate property, on the other hand, remains the property of…
Typically, people marry with the intent to stay together for the rest of their lives. Many marriages are short-lived, though, and last only a few months or years. Simply because a marriage does not endure for a long time does not mean that either spouse is immune from support obligations,…
Many divorces are contentious and require protracted litigation to resolve issues such as property division and alimony. In some instances, though, a couple’s decision to part ways is amicable, and they are able to end their marriage expeditiously via an uncontested divorce. While there are benefits to obtaining an uncontested…
Many married couples have children, and if they eventually decide to divorce, the dissolution of their relationship will undoubtedly impact their children in some ways. While parents typically want what is best for their children and act accordingly, in some cases, the court will find it necessary to appoint an…
Many people who emigrate to New York from other places choose to file for divorce in their native countries to take advantage of favorable laws. Simply because one spouse obtains a divorce decree in another country does not mean that a party cannot litigate ancillary issues such as equitable distribution…
Simply because a couple decides to end a marriage does not mean that the process of dissolving their relationship has to be contentious. Instead, many parties are able to resolve their disputes without the intervention of the courts and will negotiate a marital settlement agreement resolving issues of custody, support,…
In many marriages, one spouse acquires or saves substantially greater assets than the other. When such marriages end in divorce, the court may grant a lesser share of marital assets to the less affluent spouse. In other words, a court’s equitable distribution of marital property does not necessarily result in…