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New York Family Law Blog
Divorce And Pension Funds: How To Protect Your Rights
While there are certain issues in divorce litigation that get a lot of attention such as custody, child support, and maintenance, one of the most significant issues, pension rights, is rarely discussed to the same degree. However, in New York, litigant must take…
When Your Ex Cries Poverty
One of the most common issues in divorce litigation is determining the appropriate amount of maintenance, both final and temporary. Obviously, the moneyed spouse wants to pay as little as possible, and the payee spouse wants to get as much as they can.…
Who Pays For College After A Divorce? It Depends On How You Draft
Although many parents consider child support a major part of divorce litigation and settlement, many of them forget what is often one of the greatest expenses involving children: paying for college. For New Yorkers, such an oversight can be extremely costly. How NY…
Settlement Agreements: What To Include – A Basic Overview
It’s always a great thing when two people getting divorced can reach an agreement regarding the issues in their case. This is especially true in New York City, where full litigation of all a divorce’s issues in court can take not only months,…
Mediation: What Is It And When Is It Right For You?
As many would-be and current litigants know, divorce in New York can be extremely time consuming and expensive. One alternate but increasingly popular method for resolving divorce cases is mediation, a process that, when fully embraced, can save time and costs to a…
How New York Handles A Spouse Taking Or Hiding Property
Unfortunately, as much as divorce can be an emotional conflict, many of the issues in matrimonial litigation are financially driven as well. One of the greatest concerns during the course of divorce litigation is where one or both of the parties tries to…
Consequences Of Not Paying Child Support
When the parents of a child are no longer together, the court will make determinations about the child’s care, including which parent the child lives with and the amount of support the other parent pays to help contribute to the child’s upbringing. While…
Awarding Maintenance In New York
Under New York law, parties in a divorce are often entitled maintenance from their former or soon to be former spouse. The payor spouse is the wealthier or “monied” party, and the payee spouse is the “less monied” party. While many New Yorkers…
Divorce & Legal Fees: Who Pays?
A question often asked by divorce litigants in New York is whether or not one spouse will be responsible for the other’s legal fees. Under New York law, the spouse who has more income and/or resources (the “monied” spouse) is required to assist…
Marital Agreements: The Elements Of Enforceability
Often, it is difficult enough for an engaged couple to determine whether or not to execute a pre or post nuptial agreement with respect to their finances and estates. Since New York City has higher divorce rates than most of the country, a…
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