Articles Posted in Trials

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FamilyOutside-200x300Welcome to another segment in our series of Parenting Time bullet point guides. Over the last few months, I’ve been creating a series of helpful curated guides, taking information from elsewhere in this blog, and placing it in a more consumable format. These bullet-point guidance documents are intended to offer quick answers to questions you might have about aspects of family law.

In this series, we’re looking at parenting time and visitation – a concept that has some different nuances in family law. Any case which involves the care of a child is often exceedingly difficult for any parent to deal with. This is why it’s so important to be aware of your rights, and the kind of decisions you’ll need to make in these situations.

This part of our parenting time bullet guide will cover the topics of parent education and defining the “primary caretaker” in a family law cases. Continue reading ›

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Couple-Home-300x200For 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.

Continue reading ›

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Outsidequarrelcouple-300x200If 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 ›

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Negotiationpic-300x207Lately, 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 ›

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Unhappy-couples-300x200Recently, 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 ›

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Cross-Exam-300x199Divorce 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

Continue reading ›

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Swearing-In-300x211Divorce 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 ›

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Coupledisputebacktoback-300x205A while ago, I started a blog series to introduce residents of New York to some of the realities of divorce litigation in the current time. After a break where we turned our attention to some of the family law issues during the coronavirus pandemic, we’re continuing these bullet point guides, summarizing my articles throughout the years, to continue offering an easy insight into the world of divorce and family law.

In this particular guide, we will be discussing the concepts of spousal maintenance in New York divorce cases concerning high-income earners. We’ll also discuss the contributions that individuals can make to a marriage, and how the court and judge consider them. Finally, we’ll be asking how the courts can look at marriages as economic partnerships.

High-Income Earners and Spousal Maintenance

In a New York divorce, a judge presiding over a case may ask for one or more parties to provide spousal maintenance to the other party. These payments, known as alimony or maintenance, are calculated according to specific formulas outlined by New York Domestic Relations law. Continue reading ›

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Young-Couple-300x200If you have been following the recent blogs published here this year, then you’ll notice that I have been providing a selection of bullet-point lists, summarizing my prior articles throughout the years  designed to provide quick and easy information about crucial divorce topics. In the latest series, I am concentrating on matters that can arise during divorce litigation.

One of the concerns that is often discussed during divorce litigation, is the matter of spousal maintenance, otherwise known as alimony. These payments can be important to each spouse whose cash flow situation will change following the end of a marriage. Knowing how the New York courts determine spousal maintenance orders, and when they may deviate from set guidelines can help you when planning your divorce case.

Ordering Spousal Maintenance for Set Periods

Continue reading ›

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Couch-fight-300x200Stipulations of settlement are a sometimes confusing aspect of family law.

A final stipulation of settlement is a contract that settles all the aspects of a divorce. Both parties agree on the distribution of marital property in these cases. If there are minor children, custody and parenting time, child support, and the payment or waiver of maintenance (alimony) should all be discussed in the agreement when a marriage ends.

Stipulations of settlement, like many issues in divorce law, require careful consideration by the courts and parties in questions. While couples can often easily submit a stipulation of settlement with support from the correct divorce attorney, it’s up to the courts to decide when a stipulation should be upheld, and when it needs to be set aside upon a proper request by one side of the case.

When is a Settlement Enforceable and Valid?

New York Domestic Relations Law Section 236B(3) highlights that an agreement by the parties, made before or during that marriage, should be enforceable and valid in a matrimonial action (such as separation or divorce), if the agreement is in writing and the parties have subscribed, acknowledged or proven the agreement with the same specific formalities that would entitle a deed to be recorded..  A valid and enforceable stipulation of settlement means that the parties have subscribed to a specific agreement and are entitled to record a deed. Continue reading ›

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