The times they are a changing. It is now increasingly common to hear ex-wives complain about the amount of spousal maintenance and child support they are paying to the ex-husbands. For years, men were ordered to both pay both spousal maintenance and child support as part of their New York divorce. But, the pendulum has...
Twice in the last month, the tabloids made much ado about well-known divorcing couples demanding financial disclosure early on in their divorces. In both the Rudy Giuliani and Donald Trump, Jr. divorces, both husbands demanded that their soon to be ex-wives produce a Statement of Net Worth causing the press to sound the alarm that...
Everything you put on Facebook or other social media may be used as evidence against you in a divorce in New York. We have long known that the posts that are actually published or made public could be discovered and used against you, but New York’s Court of Appeals just ruled that even private postings...
Hard to believe, divorce in New York may get even more expensive. The tax bill proposed in the House of Representatives, last week, seeks to eliminate the deduction for alimony payments. The new tax law attempts to eliminate what has been called a “divorce subsidy.” Under the existing law, the party paying alimony may deduct...
Huma Abedin filed a motion to have her New York divorce against Anthony Weiner calendared, docketed and heard secretly. The request would allow their divorce to be listed on the New York County Supreme Court’s dockets as “Anonymous v. Anonymous” This move would, in effect, shield the parties from the glare of the news...
It would be nice if all marriages lasted. It would also be great if all divorces were uncontested and free of acrimony. Unfortunately, there is no “perfect” marriage and a smooth divorce is not always possible. Because New York has recognized no-fault divorce, the decision to divorce does not have to be mutual. It is...
The Fundamentals of a New York Prenup Signing a prenup isn’t just for celebrity couples, serial spouses, and the wealthy. A well drafted New York prenuptial agreement can protect both the husband and wife, even if they are of limited means. A prenuptial agreement can not only make a divorce less acrimonious, but it can safeguard...
Pet custody continues to be one of the hottest topics in divorce law. Divorcing couples will go to war to fight for custody of their beloved dog or cat. Until recently there was no clear standard for pet custody cases; it was not clear whether New York divorce courts would treat dogs and cats...
As part of a divorce in New York, a party must remove all religious barriers to the other parties’ remarriage before a civil divorce is granted. This requirement was enacted to require Jewish men to give their wives a “Get” – a religious divorce. Without the get, a religious Jewish woman cannot remarry or...
In New York, a divorce is commenced by personal service (the hand delivery) of a summons on the defendant. The summons is the document which gives your soon-to-be-ex notice of the legal action. Sometimes this is just not possible to make personal service. In some cases, a spouse just disappears off the grid and cannot...
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