Divorce

Divorce Litigation Bullet Guide 17: Uncontested divorces and Switching to Divorce Mediation or Collaborative

January 18, 2021 | Law and Mediation Office of Darren M. Shapiro, P.C.

Couch-Meeting-300x200 Welcome back to my series of bullet point guides on divorce litigation. We’re coming to the end of this guide, with more information to come on various aspects of family law in the months ahead. If you’ve been keeping up with this series to this point, you’ll know we’ve been covering some of the most commonly queried parts of divorce litigation, ranging all the way from “what is equitable distribution”, to how decisions are made about maintenance.

This time, we’re going to be looking at the concept of an uncontested divorce, what kind of documents you would need to complete an uncontested divorce, and when you might choose to switch from litigation to mediation or collaborative law. Continue reading ›

Divorce Litigation Bullet Points 16: Marital and Separate Property, Businesses, and Taxes

January 3, 2021 | Law and Mediation Office of Darren M. Shapiro, P.C.

Couple-Home-300x200 For some time now on this blog, I have been publishing these bullet point guides, which are a blend of my blogs over the years, as a solution for people who need to learn more about divorce. The end of a marriage is a complicated thing, and the complexities of your case may begin to feel overwhelming when you’re approaching litigation for the first time. These bullet guides aim to provide an easy-to-access way to answer some of your most pressing questions.

In this bullet point guide, we will be looking specifically at marital and separate property in divorce equitable distribution, as well as the role that taxes might play in separating assets. We will also touch on the decisions to be made about business ownership during a New York divorce.

Defining Marital and Separate Property

As mentioned in previous blog posts and guides, the process that New York courts use to distribute assets between two parties in a divorce is called equitable distribution. This process involves sharing “marital assets” based on what the court considers to be just and fair.

Marital assets are broadly defined by the New York law for Domestic Relations as property obtained after the date of the marriage and before a separation agreement is executed, or the filing of a divorce case.
Separate property is not included in equitable distribution considerations under the Domestic Relations Law. Separate property is anything that was kept separate and either acquired before the date of the marriage, or the property that was received by one party as a gift or inheritance. Sometimes, personal, or separate property may also include personal injury awards.
In New York divorce cases, marital property can include a range of things, including retirement and pension benefits acquired within the marriage, automobiles, real-estate, furniture, stocks, bank accounts, and even business components. All marital property must be equitably distributed according to the laws of New York, unless there is an agreement otherwise.
When determining how to divide marital property between two spouses, the courts will often consider a variety of things, including the current income of each spouse, their age, their earning potential, their health, and the contributions that each person made to the marriage, both financial and otherwise.

Divorce Litigation Bullet Points 15: Equitable Distribution, Efforts, and Adultery

December 26, 2020 | Law and Mediation Office of Darren M. Shapiro, P.C.

Outsidequarrelcouple-300x200 If you’ve been following my blog over the last year or two, you’ll have noticed that I’ve been systematically sorting through various articles I’ve done over the years to bring you an easy-to-follow list of guides on things like divorce mediation, litigation, and beyond.

Right now, I’m discussing divorce litigation, which is one of the most complicated topics for many couples to deal with. Litigation can be a difficult process at the best of times but understanding the basics of how decisions are made, and issues are overcome can help you to move through the process with as little stress as possible.

Today’s bullet points will cover some important ideas in divorce litigation: namely, equitable distribution, and what kind of things might change what a court sees as “fair”. Continue reading ›

Divorce Litigation Bullet Points 14: No Fault, Residency Requirements and Withdrawing a Divorce

December 13, 2020 | Law and Mediation Office of Darren M. Shapiro, P.C.

Negotiationpic-300x207 Lately, I’ve been frequently adding new updates to my blog as part of a bullet point series on divorce litigation summarizing the more in-depth articles I posted over the years. These bullet point guides aim to offer a quick overview of some of the most common questions and concerns that emerge in litigation.

Though litigation is only one option when it comes to getting court orders or making agreements in a divorce process, it is a common choice, particularly when at least one of the sides of the case will not negotiate or mediate. However, there are a lot of rules and guidelines to be aware of before you move into the litigation process. Today, we’re going to be looking at residency requirements for a New York divorce, and whether it’s possible to withdraw a divorce in litigation. Continue reading ›

Divorce Litigation Bullet Points 13: Pendente Lite and Temporary Orders

November 27, 2020 | Law and Mediation Office of Darren M. Shapiro, P.C.

Negotiationpic-300x207 For quite a while now, I have been sharing divorce litigation bullet point guides, summarizing my posts over the years, as a way to assist people looking for more information about the details of divorce. It can be difficult to come to terms with all of the complicated considerations that appear at the end of a marriage. While this blog and my website offer a lot of articles to help you answer some complex questions, you might find these bullet point guides helpful for quick answers to queries.

In this section of our bullet point guide, we will be looking at temporary orders and “pendente lite” orders in a divorce. Pendente lite orders require a party in a divorce to do something “during” the litigation, while the case is pending. This might mean that for the course of the litigation case, a spouse is required to pay maintenance to another. Continue reading ›

Divorce Litigation Bullet Points 12: Marital Debt and the Family Home

November 21, 2020 | Law and Mediation Office of Darren M. Shapiro, P.C.

Unhappy-couples-300x200 Recently, I’ve been updating my blog with a series of bullet-point guides intended to help people who want to learn more about divorce litigation. This area of law can be a very complicated one for many people, and it’s often difficult to find the answers to all the questions you might have.

This bullet-point series bring together some handy insights on divorce litigation that I have written about over the years, and the concerns that might arise during a case. In this particular bullet point list, we’ll be looking at the concept of marital debt, and how it could be divided in a divorce – just like marital assets.

We’ll also look at the family home, and how the courts approach splitting the value of the home between partners. Continue reading ›

Divorce Litigation Bullet Points 11: Senior Divorces and Retirement Assets

October 25, 2020 | Law and Mediation Office of Darren M. Shapiro, P.C.

Upset couple having a disagreement at the beach

I’ve been updating my blog regularly recently with bullet point lists designed to curate some of my older articles and insights on divorce litigation into bite sized chunks. These guides might prove useful to you if you have questions about divorce litigation and want to get answers quickly. Today, the focus of our guide will be on senior divorces, and the unique issues that need to be addressed when an older couple parts ways.

There are many reasons that a couple may choose to pursue a divorce later in life, and like with younger couples, these individuals may find that alternative dispute resolution options like mediation aren’t suitable for them. I am always a fan of mediation for couples of all ages, but, when an agreement cannot be reached outside of court, that is the reason we have judges. If you’re considering litigation later in life, you may need to consider some of the issues I address here. Continue reading ›

Divorce Litigation Bullet Points Part 10: Service of Process and Choices

October 10, 2020 | Law and Mediation Office of Darren M. Shapiro, P.C.

If you’ve been following my blog for a while now, you’ll be familiar with the bullet point series I publish from time to Couplefightphone-300x200 time. These cover everything from child custody lawyer tips, mediation insights, to information about divorce litigation. Today, we’re carrying on with the divorce litigation bullet points, providing an insight into issues like serving summons, and deciding whether divorce is the right choice.

I often find that divorce is a complicated and emotional experience for all parties – no matter how their relationship might be coming into an end. Sometimes, understanding the processes that you need to go through when getting divorced can make the experience a little less stressful and the right choices clearer.

Serving Summons in New York Divorce

As I often remind my clients, while there are certain differences to New York divorces compared to cases in other states, these procedures often follow the same basic steps of most lawsuits. A plaintiff spouse who is filing for the divorce needs to either serve a summons and complaint on the other side together or provide the other spouse (the defendant) with a summons with notice that describes the nature of the lawsuit. Continue reading ›

Divorce Litigation Bullet Points 9: Cross Examination, Closing Statements & Storytelling

September 27, 2020 | Law and Mediation Office of Darren M. Shapiro, P.C.

Cross-Exam-300x199 Divorce attorneys use specific techniques aligned to a certain structure when presenting a case for New York divorce litigation. These presentations often start with an opening statement, where the attorneys on both sides present the case to the court, allowing the judge (there are not juries in matrimonial and family law in New York) to get an insight into what the argument is about.

Divorce litigation trials progress after opening statements with things like direct examination, cross examination, re-direct and re-cross of witnesses. Today, as the ninth guide in our bullet point series for divorce litigation, we’ll be summarizing some of my more in depth articles over the years covering the concepts of storytelling throught direct exam, cross-examination, and closing statements – and the role these things play in the success of a case.

Storytelling and in Divorce Litigation

Divorce Litigation Bullet Points Part 8: Opening Statements and Direct Examination

September 19, 2020 | Law and Mediation Office of Darren M. Shapiro, P.C.

Swearing-In-300x211 Divorce is a complex process at the best of times. Couples need to come to terms on complicated matters, like spousal support (maintenance), child support, and equitable distribution. In the case of divorce litigation, when the case appears in front of a court for judicial guidance, the toughest part of the divorce can be the trial itself.

Many people prefer to avoid facing the court entirely by choosing methods like mediation for alternative dispute resolution. However, there will be cases when this simply isn’t possible. Continue reading ›