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Children are not the only ones who experience back-to-school excitement and jitters. Divorced parents do too, especially if they have been a stay-at-home mother or father for years and need to brush up on their skills before looking for a job. As the workforce and employer expectations change, many people go back to school to…

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When you’re married, you share everything in your lives, even assets that you inherited. Perhaps your parents left you a beautiful vacation home, or you have a rare coin collection from your grandfather. If the marriage ends in divorce, you naturally want to keep that property, especially if it has strong sentimental and financial value.…

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It’s common knowledge that a criminal record can have a detrimental effect on your life. Not only are there immediate penalties such as significant fines and possible incarceration, but you also face long-term complications such as restricted employment options, loss of access to public benefits, and even challenges when you seek custody of your children.…

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Marital debt is any financial obligation acquired by one or both spouses during the course of a marriage. It is typically accrued to benefit the couple/family in some way, and can include: Mortgages to acquire family homes Car loans Personal loans Joint credit cards and lines of credit It is even possible for one spouse’s…

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As the last day of school before summer break approaches, we feel a more pressing need to confirm vacation plans for the summer. For divorced parents who have agreed to establish their own vacation schedule, this can be as difficult as it is exciting. We would love to take the kids to Disney World in…

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Parents are obligated to support their children even if their relationship comes to an end. When this happens, the typical arrangement is that the non-custodial parent pays child support to the parent who retains primary custody, with the amount calculated to cover the children’s needs and help them enjoy a lifestyle similar to the one…

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As the last day of school before summer break approaches, we feel a more pressing need to confirm vacation plans for the summer. For divorced parents who have agreed to establish their own vacation schedule, this can be as difficult as it is exciting. We would love to take the kids to Disney World in…

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Imagine this scenario. Your ex has been ordered to pay you child support after your New York divorce, and she does—approximately half the time. As the months pass, many payments are missed and the amount of back child support due to you increases. Then you find out that she has just filed for bankruptcy to…

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When you and your spouse divorce in New York, all marital property must be distributed in a fair and equitable manner. If you own a professional practice, such as a medical, dental, legal, or accounting business, it is subject to division regardless of when you started or joined it. It’s a process that can be…

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When you and your spouse divorce, most situations that you maintained as a family unit will have to be restructured. These include living arrangements, finances, and even health insurance, the latter of which is a special concern if you have children. Technically speaking, medical insurance counts as a form of child support. Making it available…

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Divorce does not only change your marital status. It also creates significant changes in your financial situation. That is why it is important, even at such an emotional and stressful time, to prepare for a separate financial existence the moment you and your spouse accept that the marriage is over. The five steps below will…

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When divorcing spouses divide assets, gifts often become a subject of dispute, especially if they are valuable ones. Under New York law, gifts to either spouse from a third party (e.g. a friend or family member) are the separate property of the recipient, but there are ways that they can become part of the marital…

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When two parties divorce, the ideal scenario is for both spouses to agree to a fair and equitable division of marital assets. That’s not always the way it happens, however. Spouses have been known to hide assets from each other in order to avoid having to share them. This is often the case when one…

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Sometimes circumstances leave you unable to attend your upcoming appearance date in Bronx Family Court. Perhaps you now live in a different state or even country, or an emergency has come up, forcing you to be out of New York when court is in session. Provided your absence is for a valid reason, you may…

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Once you realize that divorce is inevitable, it’s time to review your finances. For years, you merged your financial identity with that of your spouse: you had joint bank accounts, credit cards, and lines of credit. Now, you have to establish your own independent financial profile. Here are some tips on how to accomplish that.…

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Once the decision is made to end your marriage, you’ll likely feel a powerful surge of emotions: grief, anger, sadness, maybe even relief. Chances are that your children are feeling just as strongly about the way their lives are about to change. How a child will react to the news of parental separation will vary,…

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Many individuals who are about to become involved in a New York family law matter, such as divorce, child custody, and support, or spousal maintenance, wonder whether they should hire a family law attorney to represent them or save some money and handle their own case. While there is no law that requires you to…

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Family law deals with domestic relations, so Bronx family court lawyers represent clients in divorce proceedings and associated matters such as spousal maintenance, child custody and support, and division of marital property. Many lawyers also assist victims of domestic violence in civil protection court order proceedings. Child custody There are two types of custody arrangement…

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You’ve decided that you want a divorce, and are pretty sure that your spouse is not going to be gracious when you tell them. You wouldn’t put it past him or her to spitefully take money from a joint account to reduce the financial resources you can take away with you. Is there anything that…

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A litigated divorce is one where both parties can’t come to an agreement and resort to the courts to settle their differences. This type of divorce usually happens when one party refuses to settle on key issues, deliberately hides information such as financial records, or refuses to disclose details about all property they owned prior…

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Most people today are using some form of social media. It can be a great way to keep friends and family up to date about what you’re doing, especially if you don’t see them often. Unwise use of social media, however, it can get you in a lot of trouble, especially during a divorce action.…

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The first holiday season after a divorce can take an emotional toll on anyone. Now that you and your spouse are no longer together, how will you handle family gatherings and other holiday celebrations that you used to attend together? Will the kids have to attend two sets of festivities? It all sounds daunting, but…

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In this day and age, many New York couples are foregoing marriage in favor of living together. Each couple has their own individual reasons for choosing cohabitation: some are morally or politically opposed to the concept of marriage, while others want to simplify the relationship from a legal perspective. If they decide that the relationship…

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Same-sex marriage has been legal in New York State since the passing of the Marriage Equality Act in 2011 and, as with all unions, divorce is always an unfortunate possibility. The requirements for same-sex divorce are the same as those that apply to heterosexual couples: you must satisfy the residency requirements set forth in New…

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Appealing a decision or order from the New York Supreme or Family Court is a complicated process. To begin with, you should have sufficient grounds for appealing: being dissatisfied with the outcome of your case is not enough. The following circumstances must also apply: You or your attorney must have objected to the issue during…

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Two recently separated New York parents obtained a child custody and visitation agreement. According to an October 18, 2016, New York Law Journal article, the father wished to modify this agreement. In the agreement, the two parents agreed to reside within fifteen miles of each other to benefit their child. The father sought to change…

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New York adopted “no-fault divorce” in August 2010, which represented a significant change in the state’s long-static matrimonial laws. Prior to the advent of the no-fault option, anyone seeking a New York divorce had to blame their spouse for one of the following in order for their application to be accepted: Adultery Cruel and inhuman…

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Spousal maintenance, as alimony is called in New York, is a series of payments one makes to their former spouse during or after a divorce. Its purpose is to enable the recipient to maintain the same standard of living he or she did during the marriage, as well as help them financially as he or…

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At one time, prenuptial agreements were regarded as a formality, and an insulting one at that. Today, however, they are becoming the norm, especially for couples with high net worth. In a prenuptial agreement, you and your future spouse disclose and itemize all the assets you own prior to getting married, and then agree on…

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When a couple divorces in New York State, child custody and the possibility of future relocation will invariably come up if there are minor children involved. In general, there are two types of custody arrangements: sole and joint. Both situations involve one parent receiving sole physical custody of the children while the other parent retains…

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New York courts today generally take the view that children must be given every reasonable opportunity to succeed in life. That includes a college education. When evaluating a parent’s post-divorce responsibility for their child’s education costs, the court reviews factors like the following: The ability of the parent to pay The educational background of the…

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It has long been assumed that young children who witness their parents getting divorced are much likely to get divorced themselves. According to a recent research study reported in Marriage and Family Review, however, it turns out that conflict, not divorce itself, is actually responsible for this connection. Conflict between parents can make for a…

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Love is not always easy, and it can be extremely difficult when you are married and later decide that your marriage is not working out. You may even be prompted to schedule a meeting with a New York divorce lawyer to review your options. Read on to learn more about the reasons that spouses have…

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Under New York law, children are entitled to benefit from the income and standard of living that their parents enjoy. When those parents divorce, the noncustodial parent pays child support to the custodial parent so that any children under 21 are not left financially bereft by the separation. Child support in New York State is…

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A new research study from the National Health Statistics Report, a CDC publication, indicates that individuals are softening their opinions on divorce while being less acceptance of the decision to divorce. There is no doubt that the last 50 years have been subject to a great deal of changing perceptions associated with living together, marriage…

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Divorce is never easy, but same-sex couples have their own unique concerns when it comes time to end the marriage. Read on to learn more about to handle this situation appropriately. Talk to an attorney first You need a New York divorce attorney who has experience dealing with these kinds of special issues. Since rules…

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There are many different costs and expenses associated with filing for divorce in New York, including real estate appraisers, experts, lawyers and potentially financial advice or even therapy for you as well as your children. The cost of a divorce can definitely vary, but it is a good idea to have some understanding of what…

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Many individuals going through the process of divorce in New York recognize that stress is one of the most common emotions you are likely to experience before, during and after you file. While there are certainly many different implications associated with divorce that can influence your physical health, you may need to get help from…

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As if dealing with the emotional ramifications of divorce was not enough, moving out of the home that you shared with your spouse can be an extremely difficult experience. Thankfully, there are many different ways that you can make the move much easier on you. First of all, make sure you contact a moving company.…

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Sharing the news that you have recently gotten divorced can become tiring after you have let all the important stakeholders know about the situation. Bear in mind that not everyone will hear word through the grapevine that you have decided to move forward with a divorce. You may consider the benefits associated with letting your…

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It is never easy to bring up the prospect of getting a divorce in New York with your spouse, even if the two of you have been separated for some time. In the event that problems have plagued your marriage or if you have gone through therapy or even been legally separated, having this conversation…

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There is no doubt that a marital dissolution in the State of New York can have numerous implications for your life, including as it relates to your children, your emotions and your finances. Financial strain is common after divorce for both partners. Divorce will have a major influence on you for years to come, which…

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According to a new research study at a Florida State University, high expectations can erode the success of a relationship. High standards in forms of independence, support or caring can only improve satisfaction in marriages where the marital ties are strong. Problems that may lead to divorce can come from having high expectations from your…

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The process of filing for divorce in New York is relatively straightforward but you can easily get tripped up by a legal terminology such as discovery. Discovery refers to the period in which information is disclosed and shared between the divorcing parties and their attorneys. While this usually happens after the initial pleadings have been…

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In recognition of the very private nature of divorce proceedings, New York law keeps the majority of matrimonial matters private by prohibiting court reporters and court clerks from allowing anyone outside of attorneys and spouses associated with the case to copy or examine any of the legal paperwork filed in divorce court. It is natural…

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A new research study indicates that one in seven married individuals have contemplated divorce as a result of a spouse’s social media activity. It is important to realize that the behaviors associated with a lack of trust regarding social media don’t have to do with general use of these sites for sharing updates and interacting…

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This is one of the most common questions asked of New York divorce attorneys, but the answer can vary from one firm to another. There are several different things you may need to consider, and the bottom line is that this is all variable based on the level of conflict in your divorce. It is…

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Since a divorce in New York can take some time to be completed, one spouse may consider filing for a temporary support order before a permanent one is established on behalf of him or her by the court. For example, if one spouse has an income and a job and the other does not, the…

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If you are legally separated or divorced, then one of the most common questions you have may be about who has the authority to claim the child as a dependent. More often than not, it is the custodial parent who spends more than half the year with the child who has the rights to claim…

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Upon the process of filing for divorce, you might be presented with the term “equitable division” or “equitable distribution” as it relates to dividing up the property between two parties who are ending their marriage. New York is what’s known as an equitable division state. In states like this, each spouse has the income that…

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Since divorce can put all of your life in what feels like a tailspin and can significantly alter things you do even on a day to day basis, it can be difficult to stay positive. Trying to avoid focusing on the negative aspects of ending your marriage will make things easier for you in terms…

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Going through the process of a divorce is not easy for anyone but knowing what you need to do to prepare while some of the most common issues impacting them in a divorce can help you feel more prepared. Read on to learn some key tips regarding what to do if you are a man…

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Unfortunately, many divorce proceedings can feel like war, and you need to be prepared for the battle before you initiate involvement. Read on to learn some of the most important tips that you should follow before filing for divorce. First, consult with a few attorneys in family law to determine their upfront fees and their…

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Although divorce can wreck emotional havoc on everyone involved, it is important to try to stabilize healthy parent-child relationships once the divorce has concluded. In many cases, there are so many emotions happening between the divorcing partners that the feelings of their shared children can easily be swept under the rug after the divorce is…

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Although every relationship situation is unique, there are some common factors that tend to contribute towards divorce. Read on to learn more about whether your relationship could be impacted by one of these five key causes of ending a marriage. These key causes include dishonesty, cheating, addictions, major changes in priorities and abuse. If you…

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Divorce, which almost often involves disputes over money and debt, can lead to bankruptcy. The key is critical timing and knowing the main factors about how to prepare for the financial challenges associated with divorce. You may need to consult with a bankruptcy attorney in addition to a family lawyer when preparing for divorce. In…

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New York law declares that a testator, otherwise known as a person who has written and executed a last will and testament, create a subsequent will or direct another person to act upon the original will, thus allowing the first will to be revoked. In a ruling that came down over the summer, the New…

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Even though it is strongly recommended that you set up a meeting with a divorce attorney if you are even contemplating divorce, this does not mean that you are obligated to hire the first attorney that you meet with or that you have to file for divorce immediately. In fact, just knowing that you have…

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As a parent, a divorce can impact your life deeply. Trying to figure out the best way to tell the children about the plans is just the beginning, because then you need to enter the stage of changing their life in a big way. As you might expect, not all children are going to react…

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Although child custody is often one of the most hotly contested aspects of a divorce, many individuals with and without children also face challenges over what happens to family pets when a marriage dissolves. While normal property can be sold or divided, a beloved pet is irreplaceable. The conversation about what happens to a shared…

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Pope Francis announced last week that the church aims to make it simpler and faster for Catholics who want to get a marriage annulment. This painful process has been known to take years and frustrate both spouses, which is why the church has taken some action to address growing concerns. Many people who have wanted…

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Avoiding the complexities of marriage and a potential divorce might sound good if you choose to live together instead, but you should know the downsides of pursuing this route, too. Couples living together in New York do not have the protection of a common law marriage to provide rights related to medical decisions, survivor benefits,…

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In the wake of a massive data leak tied to Ashley Madison, a popular site for spouses seeking extramarital affairs, divorce attorneys are preparing for an influx of business. Personal data was hacked from the infidelity site including details like email addresses, parts of credit card numbers, names, and addresses. The data hack exposed the…

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Even in the best case scenario, divorce can be difficult. Knowing how to avoid some of the most common mistakes people make when it comes to New York divorce can save you heartache and aggravation. Read on to learn more about avoiding the big mistakes in your divorce case. The most common mistake people tend…

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Paternity simply means the legal status of being a father, and this status can convey both responsibilities and rights. During the process of a divorce, one of the issues couples might face with regard to child support and child custody is that of paternity. If both parties do agree on the father of involved children,…

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The end of a marriage can occur at any time- six months in or 30 years down the road. America is currently experiencing a surge in gray divorce, referring to the termination of a marriage between two older individuals. Especially as the baby boomer generation plays such a prominent role in society today, it is…

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There is no doubt that divorce in general gets a lot of news coverage these days, but celebrity divorce seems to get special attention. Compared to the general population, is it really that different? The reality is that with any marriage involving at least one high-profile individual, divorce proceedings might start off very differently from…

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In the event that you file for divorce, this situation subjects a prenuptial agreement for scrutiny. The discussion over whether to have a prenuptial agreement can be difficult as you enter into a marriage with your new spouse, but if used properly, it is a valuable planning tool. Many hope that this agreement will never…

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With all the recent news about same-sex marriage, there is a lot of legal precedents that remains to be set with regard to same-sex divorce. Although the phenomenon of parting ways from a same-sex marriage is not necessarily new, it has not been handled in America’s courts in the high numbers that heterosexual marriages have.…

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There is no doubt about it; the conversation about a premarital agreement may be awkward at best, and explosive at worst. Read on to learn some tips about how to broach this situation in a calm manner that promotes open communication. First of all, suggest the conversation at a time when you are already working…

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A recent case out of New York raises questions about how process servers can be used to notify parties of the divorce filing. According to Manhattan Supreme Court Justice Matthew Cooper, a Brooklyn woman was within her rights to serve her divorce papers over Facebook. The woman in question messaged her former spouse over the…

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When it comes to child custody, there is years of case law and relevant application to help consider how a court might decide. There are clear guidelines about how things should happen, and established systems for helping divorcing couples navigate the process during and after the divorce. What about pets, though? There is a lot…

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Proper service is essential for divorce. As per New York State’s Domestic Relations Law (DRL) § 232 service is proper when the summons and/or the complaint are  “(a) personally delivered to the defendant, or (b) served on the defendant pursuant to an order directing the method of service of the summons.” Recently a New York…

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When a parent relocates to another country with his or her minor child, he or she usually needs the consent of the other parent. However, consent can be implied based on the actions of the parents as was the case described by a recent New York Law Journal article. A couple that met in New…

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The outcome of your New York divorce might include an order for spousal maintenance to be paid by one party to the other. The maintenance award will either be set for a certain period of time or for life, and the most popular option is for judges to award spousal support for a specific period…

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A gray divorce is typically defined as a divorce by parties aged 50 or older. Between 1990 and 2013 alone the number of gray divorces has doubled according to a February 8, 2015 article in the Sun Sentinel. This has presented diverse challenges for lawyers and financial planners as older couples have different needs in…

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Sometimes, parents do not have equal custody of their child or children. This may result from their schedules, their locations, or it may result from a decision regarding who would be the best parent to take care of the child or children provided that the parents have separated. The Administration for Child Services (ACS) can…

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Divorces may be very pricey thus a person needs to do everything he or she can to ensure that he or she becomes financially stable once the divorce is over.  First, one needs to create a budget that he or she will try his or her best to follow, as reported by Fox Business in a…

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Under New York law, courts apply the Majauskas Formula to determine the post-divorce equitable distribution of benefits pensions. The formula, as the name implies, comes from a 1984 divorce case decided by the New York Court of Appeals. In the namesake case, Majauskas v. Majauskas, 61 N.Y.2d 481 (1984), the Court held that New York…

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A man and woman signed an agreement at the Spanish Consulate in New York in front of the Consul. The agreement signed while the two signatories were married separated marital property according to the New York Law Journal on September 2, 2014. It stated that whoever had the title the property was its owner and…

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When spouses decide to end their marriage in divorce, a New York Supreme Court judge will rightfully try to divide the property between the couple. The goal of the court is to divide the property as fairly as possible, but that doesn’t mean that everything will be divided in half. New York is an equitable…

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The Philippines do not offer the option of divorce to the majority of its citizens. According to a January 19, 2015 article in Foreign Policy, that nation is the last country in the world that prohibits divorce. The reason for this prohibition is primarily religious. The country is heavily Catholic, and Christianity does not permit…

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New York’s law on domestic relations is codified in the Domestic Relations Law which consists of 16 Articles which are further divided into 272 Sections. Substantive Sections include Sections 5 through 61 (marriages and rights of spouses); Sections 71 through 78-A (child custody); Sections 80 through 85 (guardianship); Sections 109 through 117 (adoption); Sections 121…

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Know your assets and liabilities In a divorce, both assets and liabilities are split up between the parties. That means that savings accounts and pensions can be split. If you owe money, say on a mortgage, then that debt may be split up. For this reason, it is important to be knowledgeable of your and…

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There are constantly news stories claiming that social media networks, such as Facebook, are amassing large amounts of data. That means that their users are providing more information than before—status updates, photos, videos and more. Sometimes, this information is used in cases and trials. One law firm conducted a study of 200 of its divorce…

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The Domestic Relations Law is part of New York’s legal code. This part is often abbreviated, DRL. The DRL is composed of sixteen articles. These articles form the backbone of New York’s laws on marriage, divorce and family law. A summary of each article of the DRL follows. Article 1 The article gives the short…

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To some in the legal industry there is something called the “January rush.” This rush is a general trend with many explanations. The January rush refers to the elevated number of divorce clients filing divorce in the first month of the year. Some people attribute this change to the December holiday season. Some couples who…

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