A frequently asked question in cases of divorce is; what has to be divided with my spouse? The general rule is that property acquired after the ceremony and before the filing of a summons is marital property. The general exceptions are property from an inheritance, a gift from someone other than your spouse, or the result of a personal injury recovery.
Countless divorce clients approach me with the same concern: If I move out of the house, will it be considered abandonment? The answer is no! “Abandonment” is one of the most misunderstood concepts in divorce lingo. In New York State, you must have a reason to get a divorce, called a “ground” for divorce. Abandonment is one of seven grounds on which you can commence a divorce action. In order to file for a divorce on the ground of Abandonment, you must show that your spouse abandoned you for a period of one year or more. Moving out of the marital residence after a divorce action is commenced is not considered abandonment. Even if you did abandon your spouse for a year, it merely provides your spouse with a reason to commence a divorce action. It does not in and of itself affect the outcome of the divorce action.
Divorce has been depicted in Hollywood, both by films and by the celebrities featured in them, as endless wars between spouses. This portrayal represents how divorce proceedings can drain both individuals financially, damage relationships and cause emotional trauma for children stuck in the middle. Recently though, couples have found an alternative with the help of marital mediation.
Buffalo, NY (WBEN) — Think your soon-to-be-ex-spouse’s divorce attorney can’t find what you’ve “hidden” in your Facebook account?
It has long been rumored that the divorce rate in America has reached an all-time high with a predicted 50% of marriages ending in divorce. In New York State, the process of divorce has been especially renowned to be complicated, emotionally and financially damaging, and torturously long. This characterization seems well deserved considering, as NBC New York points out, New York was the only state in America lacking no-fault divorce legislation. However, this has now come to an end with the passing in the Senate on June 15th and in the Assembly on June 30th of the No-Fault Divorce bill and two other coupled bills regarding divorce.
Domestic violence is a far more prevalent problem than most people realize. By some estimates, as many as one in three women have been abused by an intimate partner. While domestic abuse occurs more commonly against women, men can be victimized as well.
Did you know that your educational degree or professional license can be considered marital property within the meaning of the Domestic Relations Law of New York State?
You might be surprised to find out that despite your level of income or assets, you may need a prenuptial agreement.
Many people fail to consider signing a prenuptial agreement because they mistakenly assume that such agreements are only appropriate or necessary for especially wealthy individuals or couples. Others overlook the option of executing such an agreement simply because the topic is a difficult one to broach and they do not want to risk offending their future spouse. In reality, people of all income levels can benefit from a prenuptial agreement and it can be executed in an amicable way with the cooperation and education of both parties.
A prenuptial agreement should not be seen as an anticipation of divorce or separation, but simply as a means of planning for the future and protecting the parties in a worst-case-scenario. It is no secret that the divorce rate in this country is relatively high, usually reported at a rate of around 50%. Therefore, it is no surprise that more couples are choosing to protect themselves with prenuptial agreements today than ever before.
I recently had an opportunity to sit down with a potential client who had acknowledged with her spouse a need to achieve at least a legal separation and possibly a divorce. Her main questions were focused on how that process would work as she had some ideas regarding traditional divorce litigation, mediation and collaborative law. Her case was not unlike pretty much all others in that the answer to the question of which process is optimal is unfortunately best answered with the benefit of hindsight after the matter has been brought to a conclusion. There are a number of factors for the parties each to consider when choosing a “dispute resolution model”, including the potential costs involved, how trusting the parties are of one another, and ultimately how they would like their divorce to look when it is finished. With respect to this last consideration, the resulting Judgment of Divorce will, in many ways, be the same document no matter what course the parties chose to achieve that result. However, how the parties feel about one another and how they are able to interact in a post-divorce setting may be markedly different.