What is considered a high net worth divorce?

If you are getting divorced, you are probably concerned about what will happen with your hard-earned assets. The emotional stress of divorce is often compounded by financial stress. If you or your spouse have a high net worth, you may be even more concerned about how your assets will be divided. What is a high…

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Is New York a fifty-fifty divorce state?

If you are considering getting divorced in New York, you may be wondering if New York is a 50/50 custody state. Many parents would prefer an equal 50/50 split of time with their child or children. New York family courts are not required to split custody equally between parents, but they prefer to allow both…

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IDV judges hear cases that involve the same parties or family where there is a family court order of protection case plus a matrimonial case, a criminal case, or both, and the main issue in each case is domestic violence. The cases must be filed in the same county, and the IDV judge must accept…

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Military parents have the same obligations as civilian parents when it comes to supporting their children financially. When they try to evade that responsibility, you may encounter special challenges because military spouses are employed by the federal government, and there are certain steps that you need to take to collect outstanding child support. How much…

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If you were preparing for divorce in early March, then the pandemic most definitely stalled your plans. When COVID-19 put New York on pause, everyone was ordered to shelter in place, and the court system was limited to non-urgent matters. If the lockdown took effect before you and your spouse had the chance to separate,…

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COVID-19 has presented practically all New York residents with economic and social challenges. Schools and nonessential businesses that cannot operate online remain closed, which means that divorced couples with children are facing parenting challenges that they could not have anticipated at the time of separation. Below is an overview of some general do’s and don’ts…

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Even when your divorce is expected, you’re going to struggle with intense feelings like anger, depression, and heartbreak. It’s hard, and maintaining your usual high performance can be difficult, especially if your divorce is contested and you’re facing weeks or months of litigation. Although you are not legally required to tell your boss about the…

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Court

A case gets to Integrated Domestic Violence Court (IDV Court) if the same parties or the same family has a case in family court for an order of protection plus a matrimonial case, a criminal case, or both, in the same county and the main issue in each case is domestic violence. One of the…

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IDV stands for, “Integrated Domestic Violence,” and there are special IDV courts or “parts” that hear these cases. IDV courts hear cases when one family has a criminal court case along with a family court case, a matrimonial case, or both in the same county, and the central issue in the cases is domestic violence.…

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When New York on PAUSE took effect on March 22, it affected thousands of businesses and their employees. All companies offering non-essential services were subjected to a mandatory closure, and workers whose jobs could not be transitioned online were laid off indefinitely. Consequently, businesses like hairstyling salons, theaters, gyms, and clothing stores have been shuttered…

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A divorce can be a tough, emotional, and challenging process, especially when some of the factors involved are minor children, property, pensions, and businesses. It is important to speak with an attorney before starting a divorce action, so you are aware of your rights and what you are entitled to or possibly entitled to from…

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The quarantine imposed by the COVID-19 pandemic appears to have had a detrimental impact on already troubled marriages. Divorce rates are going up, which shows that couples who previously enjoyed ample time apart have not reacted well to long hours under the same roof. In Xi’an, China, divorce requests multiplied so fast that appointment slots…

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When the court orders a custody and parenting time schedule, it typically meets the needs of everyone’s present circumstances. But what if an emergency–in this case, the COVID-19 pandemic–makes that arrangement unsustainable? What if you feel that it’s not safe for the kids to travel to visit their other parent? Although everyone’s situation is unique…

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Rising costs of living and years spent pursuing post-secondary education have resulted in many children living with their parents well past the age of 18. When families are intact, they can work together to reach a financial understanding, but when the parents are divorced, it raises questions about child support. In New York State, you…

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While money issues are a leading cause of marital breakdown, they can also make it hard to start over after a divorce. In fact, an estimated 15% of couples choose to legally separate instead of divorce due to concerns over the damaging effect that dissolution can have on your income, expenses, and credit score. There’s…

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You may not have cared much about Valentine’s Day in the past. All those throwaway cards, overpriced roses, and less-than-spectacular chocolate may have struck you as flagrant consumerism more than anyone else. Now that you’re divorced, your feelings may be different, because Valentine’s Day is now a reminder that you’re alone, with no one to…

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No engaged couple likes to think that their upcoming marriage may not last. You may worry about offending your fiance(e) by suggesting a prenuptial agreement, but if you own a business, it may be worth it to risk hard feelings in order to protect the company’s future. The hard reality is that a contentious divorce…

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When you file for divorce in New York, all property acquired while you were married is subject to an equitable division and distribution. This includes real estate, bank accounts, brokerage accounts, and, to the surprise of some couples, pension benefits earned while you and your spouse were still together. If you are divorcing on amicable…

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QDRO is an acronym for “qualified domestic relations order.” If you file for divorce in New York and one spouse has a retirement plan through their workplace, a QDRO provides the other spouse with the right to receive a specified percentage of the payable benefits. A QDRO can be applied to various types of retirement…

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For many people, divorce leads to long-distance parenting. According to the National Center for State Courts, nearly one-quarter of the nearly 18 million children of divorce have a parent living in another city. In addition, an estimated 75% of single mothers will move at least once within four years after divorce or separation. As a…

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One of the hardest—and most emotional—aspects of separation and divorce is child custody during the holidays. In many cases, it won’t be possible for your children to celebrate Christmas or Hanukkah with both parents. How can you keep the holidays special when only one parent is with them when they unwrap their gifts on Christmas…

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When you get married, it legally changes your financial situation. Now everything you earn or acquire becomes marital property, unless a third party gifted or bequeathed something exclusively to you. When you intermingle your finances after marriage, how does it affect your debt liability? If your spouse has student loans, credit card debt, and other…

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Technically, yes. But that doesn’t mean it’s a good idea. Once a New York family court has issued a custody order, you and the other parent are bound by its terms unless you apply for a modification, which is generally granted only if you can demonstrate that circumstances have changed significantly since the order was…

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No one likes sitting in traffic for hours at a time, but New Yorkers don’t typically have a choice. According to a 2017 survey, the average round-trip commute for those who work in the city comes to nearly 58 minutes. That’s around nine minutes longer than the national average of 49 minutes. Several studies confirm…

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Last year, the New York Post ran an article revealing that Ashley Madison, the portal that connects cheating spouses, is as popular as ever despite a catastrophic data breach in 2015. The article stated that the company’s US revenue increased by 17% in 2016 and over half of its active users are female. Until 1967,…

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Your spouse was unfaithful to you for over two years, although you only learned about it a few months ago. You’re hurt, angry, and wondering whether her actions will have any impact on the outcome of the divorce. Will she lose her bid for custody of the kids? Receive less of the marital estate? Has…

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In 1991, a book came out called Divorce Hangover. It was about the emotional pain and turmoil that often accompanies divorce and suggested that like an alcohol hangover, it would eventually pass and leave you ready to cope with life again. The book acknowledged that divorce was a life-changing experience that aroused strong emotions like…

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When you suspect your spouse of being unfaithful, it can be tempting to check their email, especially if you discover the password without their knowledge. You probably know that it’s an unethical thing to do, but are you aware that it might also violate federal law? One Chicago woman, Paula Epstein, put an auto-forward on…

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Divorce has an uncanny way of bringing our most private circumstances to light. Even when the split is an amicable one, details like personal finances, a child’s special needs, and other intimate information take center stage so that they can be addressed and future plans made. Therefore, it’s an alarming thought that your family, friends,…

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When a couple divorces, it’s rare that both spouses make the decision together. In most cases, there is one person who has already gone through an “emotional” divorce and wants to make the split legal. They say they want to divorce, often to the shock and confusion of their partner. This individual is what is…

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When you file for divorce in New York, all property acquired during the marriage is subject to equitable distribution, meaning that you divide it in a way that’s equitable, or fair. Until relatively recently, this property was mostly money, real estate, assets like cars, furniture, and jewelry, and even businesses. These days, it’s different. Thanks…

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Decluttering is challenging in the best of times, but tackling your home in the wake of divorce can be especially hard, not to mention emotional. Where do you start dividing the remnants of your married life? How do you transform your home from a marital nest into a single person’s abode when you can’t afford…

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New York abolished common-law marriage in 1933, and other states soon followed suit. Today, only a dozen or so states recognize common-law relationships. They include Texas, Utah, Montana, and Rhode Island. This division raises some important family law questions. If you and your spouse had an officially-recognized common-law marriage in Texas (for example), and you…

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Valentine’s Day is just around the corner, and for the first time in years, you’ll be single. You try to tell yourself that it doesn’t matter, that the entire day is just an overblown social ritual, yet you suspect that you will be either buying a ticket for the Anti-Valentine’s Party in Brooklyn or avoiding…

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Although New York still recognizes fault-based divorces, it differs from states like Georgia, Mississippi, and Texas in that incurable mental illness is not one of the accepted grounds. When one spouse’s mental health condition causes them to behave erratically and aggressively toward their family, the other spouse typically cites extreme cruelty, which is grounds for…

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When you wake up in the morning and check your phone, sometimes you wish you hadn’t. Your ex is telling you that the kids “don’t seem happy” whenever he sees them. Your best friend posts pictures from your last girls’ night out all over Facebook, tagging you with captions like “Free at last!” You suspect…

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While some divorces are amicable and involve couples that are committing to treating each other fairly, others wouldn’t be out of place in an old Roman Coliseum. Both spouses are angry and determined to include a pound or two of flesh in the property distribution agreement. Venting is a common byproduct of this hostility. Although…

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What’s worse than not having the kids for Christmas? Not having them AND being out of the state or even the country over the holidays. Thanks to an increasingly mobile workforce, this scenario will be a reality for many divorced parents this season. It’s not a happy prospect, but remember one thing: the technological advances…

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Few things are more distressing for a parent than struggling to support their child financially. Unfortunately, this is a reality for many divorced parents throughout New York State. A child support order was included in the terms of the divorce, but their former spouse is chronically late or even refuses to pay at all, saying…

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We’re in the home stretch where August is concerned. For kids, this is a bittersweet month for two reasons: one actual and one potential. In the first case, they only have a few weeks of freedom left before heading back to school. In the second, they may also be coping with their parents filing for…

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If a recent divorce has made you a single parent, then you may be tempted to give up your dream of home ownership. You’re living on one income instead of two, making it difficult if not impossible to make a significant down payment. Don’t give up just yet! There are several local and national home…

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There’s something about publicly announcing your divorce that makes everything seem so final. This is it. There’s no turning back. Before announcing such a life-changing event to friends and family, think about what you want to say. Even if the marriage didn’t end on the best of terms, then resist the urge to share the…

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Not long after you and your spouse separated, he was laid off from his job. Now that you’ve filed for divorce, he seems determined to remain unemployed, although he insists that he is actively looking for the “right” job. This scenario happens a lot. To reduce the amount of spousal or child support they might…

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When a couple divorces or separates, the court looks at their respective incomes to decide how much child support to award or whether spousal support is called for. When both spouses are employees, calculating income is a relatively simple matter of checking W-2s. When one or both parties are self-employed, things get complicated. Statistics show…

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Father’s Day is a vibrant celebration of the relationship between dads and their children. Although the reason why Father’s Day is so special does not change after divorce, the way you celebrate the day may be different than the years before. That’s not necessarily a bad thing- you all have an opportunity to share and…

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You married your foreign-born spouse in good faith after the government initiated deportation hearings against him, but two weeks after the marriage, he was deported anyway. For a while you both remained in touch, and you even hired an attorney to help him come back to the U.S. Then he disappeared. No phone calls, no…

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Before divorce, your spouse may have been the one who balanced the household budget, trimmed the hedges, and fixed the occasional leaky faucet. Now that you’re single again, well-meaning friends are probably sending you the contact information for their favorite accountant, landscaper, or handy person. If you’re like most people after divorce, you’ve prepared a…

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You’ve discovered that your spouse has been having an affair for months and feel confused, angry, and betrayed. After a while, you decide that the marriage is irretrievably broken and want a divorce. How will your spouse’s adulterous behavior affect the divorce process? Before 1967, adultery was a major factor in a New York divorce…

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You may have received many valuable gifts from friends and family during the recent holidays. Each one either came with a tag bearing your name or was handed to you directly by the giver. This means that it was meant exclusively for you, but if your marriage ever ends, it’s possible that the gift could…

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Under ideal circumstances, you and your spouse will accept that you’re better off apart than together and be willing to work with one another to make the split as painless as possible. Unfortunately, we live in an imperfect world and you may be married to someone who is aggressive, controlling, and even an outright narcissist.…

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When you’re newly divorced, Valentine’s Day is one of those celebrations that can make you feel worse about being single. Everywhere you go in the city, lace-trimmed pink or red hearts are in store windows, roses and chocolates are central sale items, and romantic dinners for two are advertised in all the restaurants. You may…

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Thanks to global trade expansion and an increasingly mobile workforce, more divorced parents are relocating to new cities, states, and even countries. According to the National Center for State Courts, nearly 35 million children in the U.S. have divorced or unmarried parents and approximately 25% of them have a parent that lives in a different…

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Technology is often blamed for situations leading to divorce: social media addiction, flirtation on Tinder, and other gadget-based rudeness and infidelity have all been cited as reasons for relationship breakdown. There are times, however, when technology makes your life easier, especially after divorce. The co-parenting apps listed below all make it easier for you and…

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Being a parent can be overwhelming. We want to do what’s best for our children by disciplining them for inappropriate or unacceptable behavior, but it sometimes happens that people who disapprove of our parenting methods overreact by calling Child Protective Services (CPS), who may conclude their initial investigation by taking the children away. Although CPS…

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The holiday season is always difficult for divorced parents and their children. Parents have to let go of old grudges and bad memories so that they can work together and make the season special for the kids, who may be feeling sad at the realization that their family is now divided. Young children can be…

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When your child hands you yet another note from the school, you know without even opening it what it contains. Jane has not been doing all her homework assignments again, and the slacking off occurs on school nights when your ex has parenting time with her. You’ve talked to him about this already, and he’s…

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Divorce is a confusing and stressful time for anyone. There are so many areas that need to be addressed: legal, financial, and of course emotional. To make matters worse, everyone is giving you advice, a lot of it conflicting. How will you handle it all? The answer is: you don’t. At least not by yourself.…

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