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Retirement Accounts: The Most Overlooked Asset in Divorce

As if going through a divorce wasn’t emotionally stressful enough, the financial aspect of cutting ties with a former spouse can be daunting, to say the least. While alimony, child support, and real property come front-and-center during divorce proceedings an often forgotten asset is just as important – the spouse’s retirement account. Get What You […]

How is Credit Card Debt Split in a New York Divorce?

You may not be too concerned about your husband’s high balance on his credit cards. After all, it’s his debt, right? Wrong! Once you say “I do,” you both share not only assets, ut debts as well. While he may be the one paying his credit cards while you’re married, that all could change in […]

What is a Collaborative Divorce?

A collaborative divorce is a divorce where the couple works together to reach their divorce settlement, rather than having the court determine their settlement for them or working with a mediator to reach an agreement. A collaborative divorce is the most hands-off divorce a couple can choose, but this does not mean that there is […]

Dividing Retirement Accounts in a Divorce

When a couple ends their marriage through divorce, they have to divide all of their marital assets equitably. Marital assets are assets obtained or developed during the couple’s marriage, and this can include everything from real estate to savings accounts, jewelry, personal property, interest in a small business or professional practice, and retirement accounts like […]

How Do I Obtain a No Signature Required Divorce in New York?

The term “no signature divorce” can be a bit misleading. Although you can complete a divorce without your spouse’s consent, you must take steps to notify him or her of your intention to divorce. If you cannot locate your spouse, you can still file for divorce, but only after you have taken steps to attempt […]

The Five Applicable Grounds for Divorce in New York

In New York, a couple must provide a “ground,” or a reason, for their divorce in order to move forward with the divorce process. There are four fault-based grounds for divorce and one no-fault ground recognized by the New York divorce courts. Abandonment, Adultery, Imprisonment, Cruel and Inhuman Treatment are considered “fault-based” and Irretrievable Breakdown […]

Important Considerations for Divorcing Parents to Make

Without children, knowing when a marriage is no longer healthy can be simple. As a parent, the stresses of family life can blur this line, and knowing when to divorce with kids can be difficult. Some parents choose to stay in unhappy, unhealthy marriages because they think doing so is in their children’s best interest. […]

Considering the Financial Ramifications of Divorce

If you are unhappy in your marriage, there are a lot of issues to consider before you decide to file for divorce. The most prominent of these is whether the difficulties in your marriage can be overcome. Many couples work through issues like communication difficulties and differing values through marriage counseling. Even seemingly larger issues […]

What Types of Custody Rights do Fathers Have?

Fathers have the same custody rights that mothers have in child custody proceedings. Under New York law, a person’s gender does not impact his or her rights as a parent. Rather, that individual’s history of domestic violence and other criminal acts can impact their right to custody and visitation with their children. What are My […]

How Does a Spouse Begin a Divorce Proceeding in New York?

To begin the divorce process, you must submit the necessary forms with the local County Clerk’s office. For an uncontested divorce, these forms can be found in the Uncontested Divorce Packet. For a contested divorce, the spouse must file a Summons and Verified Complaint or a Summons with Notice. How to File for Divorce in […]