New York law provides for legal separation two ways – pursuant to a judgment of separation or pursuant to a separation agreement. Both forms generally require that the couple live separate and apart and negotiate custody, support and property distribution issues. While some couples elect to separate … [Read more...] about How to Legally Separate from Your Spouse
Some couples with marital problems hesitate to get divorced for various reasons. In these situations, New York law allows spouses to separate and come to an agreement regarding their finances and child custody and support issues. While a separation may provide certain benefits over divorce, it does … [Read more...] about Should You Separate or Divorce?
Marriage itself is a type of legal contract which automatically gives spouses certain rights and responsibilities. These rights and responsibilities affect the couple during marriage and in the event of death, separation or divorce. However, the parties can modify their rights and responsibilities … [Read more...] about 3 Types of Marital Agreements to Address Financial Concerns During and After Marriage
After litigation is over, it is not uncommon for one or both parties to be dissatisfied with the outcome. While the parties may have a legal right to appeal, winning an appeal is difficult in matrimonial actions for several reasons. Simply being unhappy about the judge’s decision is not enough to … [Read more...] about Appealing Divorce and Custody Decisions
Once the divorce is final and the financial and parental issues have been resolved, disputes can still occur if one party does not comply with the divorce decree or wants to change it. Terms regarding child custody and visitation, support and distribution of marital assets contained in an agreement … [Read more...] about What Should You Do When Your Ex-Spouse Does Not Comply with the Divorce Decree?
A common concern of divorcing parents is what expenses are covered by child support. New York provides for basic child support and add-on child support expenses. Basic child support encompasses food, clothing and shelter and the amount is determined by a statutory formula. Everything else is an … [Read more...] about What Additional Expenses Are Covered by Child Support?