In New York, martial property is equitably distributed. Equitable distribution is premised on the notion is a partnership. So, how is property be distributed when only one of spouses is the wage earner? Do non-monetary contributions matter? These issues have long been resolved, but a recent case re-casts the facts and illustrates application of the…
Read more
Will Attorneys’ Fees Be Granted If I Do Not Settle My New York Divorce?
If you engage in obstructionist or obstreperous conduct during a divorce in New York, you will be responsible for your spouse’s attorneys’ fees. But what if you only delay the proceedings? In a recent case, a husband was ordered to pay his wife’s legal fees after he rejected a settlement, but months later, as the…
Read more
Proof That Bad Conduct Hurts You in Your New York Divorce
“Don’t bite the hand that feeds you,” particularly if you are getting divorced in New York. While that seems like common sense, some parties resort to a scorched earth strategy to divorce; they want all the marital property and what they can’t get, they destroy. That questionable tactic backfired in a recent Manhattan divorce. In…
Read more
Is Conscious Uncoupling Just a Pretentious Way of Saying You Are Getting Divorced?
Having practiced divorce and family law in New York for most of my legal career, I thought it odd that I had never heard the term “Conscious Uncoupling” before. Through my years of experience, I have litigated divorces, negotiated divorces, mediated divorces and even done collaborative divorce. I thought I had never consciously uncoupled before,…
Read more
What Do I Do If My Child Does Not Want To Have Visitation With My Ex?
It is that familiar scene -your ex pulls up to your house to pick up the children, only your child starts crying, “I don’t want to go. I want to stay here with you.” What do you do? Your job is to encourage your child to be with the other parent and to facilitate their…
Read more