New York is now a no-fault divorce State. This means that you do not have to show any fault in obtaining a divorce. Therefore, except for very limited reasons, once a divorce is commenced in New York, you will not be able to “stop” a divorce from happening in New York. When can you stop […]

If you and your spouse are both on a mortgage, in most divorces, either the property will be sold or one party will buy-out the other parties’ interest in the property. In those instances, either both spouses will be removed from the mortgage or only one spouse will remain on the mortgage. However, there are […]

In general terms, all assets acquired after marriage are considered marital property. Also, generally, it does not matter if one person is listed as the owner of the property, it is still considered marital property. To determine if a separate bank account is considered marital property, ask yourself the following questions: 1. Was the bank […]

Unless there is a specific Court Order stating that you cannot date before your divorce is final, you can date someone while the divorce is pending and before your divorce is final. Although you are typically allowed to date, most Judges do not want you to have your new paramour introduced to any of the […]

Unfortunately, in some divorces, one of the parents will constantly not show up for their scheduled visits (parenting time) with the parties’ children. This can be especially frustrating when the location for the exchange of the children is at a location that is not your residence. Here are some things you can do if your […]

If you are going through a divorce, you might be wondering if you are responsible for the debt that your spouse had prior to your marriage? Typically, the answer is that you are not responsible for any pre-marital debt that your spouse had. Any debt prior to a marriage is not considered as part of […]

With the ease of cell phones, your spouse may abuse his/her privileges to call or text your children during your parenting time. Here are a few tips of what you can do. Establish Set Days & Times For Calls & Texts: One of the most effective methods to limit excessive phone calls and excessive texting, […]

Some divorcing couples choose to use mediation when resolving their divorce. For couples who can compromise, mediation may be a good alternative. In many divorces, child support, child custody, and parenting time issues are the most contentious issues. Those issues can also be resolved in mediation. If you choose to use mediation, then this is […]

In a divorce, there are many legal documents that get filed with the Court. Here is a brief summary and explanation of those documents: Summons: This document states the names of the two parties (Plaintiff and Defendant), the name of the Court where the case is filed, the attorney’s contact information, and some other basic […]

In some divorces, the Court will appoint a receiver. A receiver will typically be an attorney who will act as the custodian of some (or in rare cases, all) of the parties’ assets. A typical situation where a receiver will be appointed is when there is a piece of real property that needs to be […]