Divorce/Matrimonial
New York Divorce Law
- Grounds for Divorce: New York is a mixed “fault” and “no-fault” state. You can file for divorce based on “no-fault” (irretrievable breakdown of the marriage for at least six months) or “fault” grounds (cruel and inhuman treatment, abandonment, imprisonment, or adultery).
- Residency Requirements: To file for divorce in New York, either you or your spouse must have lived in the state for a certain period, depending on the circumstances (e.g., both living in NY when the cause occurred, or one spouse living in NY for at least one year).
- Uncontested vs. Contested Divorce: An uncontested divorce is when both parties agree on all issues. A contested divorce involves disagreements that must be resolved in court.
- Equitable Distribution: New York divides marital property “equitably,” meaning fairly, but not necessarily equally.
- Spousal Support (Maintenance): The court may award alimony, also known as maintenance or spousal support, based on a statutory formula and other factors.
Child Custody Law
- Best Interest of the Child: All custody decisions are based on the “best interests of the child,” considering factors like stability, care arrangements, parental fitness, and the child’s wishes (depending on age).
- Legal Custody: Refers to the right to make important decisions about a child’s care (medical, religious, etc.). It can be sole or joint.
- Physical Custody: Refers to where the child lives. It can be sole or shared.
- Parenting Time (Visitation): The non-custodial parent typically has scheduled parenting time.
- Custody vs. Visitation: Custody involves the legal and physical care of the child, while visitation refers to the time a non-custodial parent spends with the child.
Spousal Maintenance
- Purpose: To provide financial support to a spouse who lacks sufficient income to meet their reasonable needs.
- Calculation: Determined by a guideline calculator based on the incomes of both spouses and the length of the marriage.
- Duration: The length of maintenance payments depends on the length of the marriage.
- Factors Considered: The court considers various factors, including the standard of living during the marriage, each spouse’s financial situation, and contributions to the marriage.
BOOK AN APPOINTMENT
Book a consultation directly on our calendar by simply choosing a date and time that is most convenient for you.
There are many pitfalls to be aware of when relying on beneficiary designations.
Check out this great article on the benefits of using a revocable trust versus relying on TOD accounts.
While there is no specific rule as to how often one should update their estate planning documents, here are five simple indications …
Asset protection planning can be described as employing legal strategies to preserve and protect a client’s assets. The goal of asset protection …
A Revocable Living Trust is one that the grantor—the individual who creates and funds the trust—sets up during their lifetime. Importantly – …