When couples divorce, their marital property is subject to equitable distribution. Generally, marital property is property that is acquired after the parties’ wedding date and up to the date upon which a divorce action is filed. Separate property is property that is either acquired before the … [Read more...] about Protecting Separate Property from Becoming Marital Property
Spousal Support Concerns for a Stay at Home Parent and Payor Spouse
When a parent has been out of the workforce for a while, divorce can be particularly stressful because he or she is likely to experience a significant change in financial circumstances. Until a few years ago, this parent could expect, depending upon the facts of their case, to receive spousal … [Read more...] about Spousal Support Concerns for a Stay at Home Parent and Payor Spouse
Do Grandparents Have Visitation Rights?
The impact of divorce is often felt not just by the couple and their children, but also by extended family members. When parents split up, the relationship between children and other family members may be severed. Further, it is not unusual for a custodial parent to try to restrict interactions … [Read more...] about Do Grandparents Have Visitation Rights?
Who Gets the Marital Home After Divorce?
When parents get divorced, a common concern is the disposition of the marital home. The custodial parent often wants to stay in the home with the children in order to avoid disrupting their lives. New York law recognizes that this presents a unique situation and affords special treatment to marital … [Read more...] about Who Gets the Marital Home After Divorce?
Negotiating Parenting Time During and After Divorce
New York law encourages parents to resolve child custody and parenting time issues amicably and in the best interests of the children. As a result, regardless of the other disputes you may be having with your (ex)spouse, it is important to find common ground when it comes to your children. When one … [Read more...] about Negotiating Parenting Time During and After Divorce
How to Ask for a Prenuptial or Post-Nuptial Agreement
Prenuptial and post-nuptial agreements are used to help couples address financial issues that may arise during their marriage and in the event of divorce, separation or death. The only difference between the two agreements is timing. A prenup is entered into before the vows are exchanged, while a … [Read more...] about How to Ask for a Prenuptial or Post-Nuptial Agreement