What is the Proper Valuation Date?
The Court of Appeals recently ruled that the proper valuation date for all marital property is the date the summons for divorce is filed.
Consultation Fees Should I Pay?
In my experience New York Divorce lawyers who offer free consultations are doing this to have a chance to sell their services.
My Husband Controls all the Money Am I Entitled to Legal Fees?
PRUDENTI, P.J.When an action for a divorce in New York is commenced, it is often the case that most of the marital assets available for the payment of legal fees are possessed or controlled by one of the spouses, usually the husband.
Is it Legal to Tape Record Conversations Between Your Child and Your Spouse?
Many clients ask me, “is it legal to video or audio tape my child with the other parent?”
Pre-Nup Agreements: Should I Get One?
A question that I am sometimes asked is: Can I enter into a prenuptial agreement after I get married?
Should I Appeal?
A divorce trial is time consuming and expensive.
Why Appeal If You Have Nothing to Win?
In the following case the wife won her appeal.
Duress is Difficult to Prove
Prenuptial agreements are becoming increasingly common in New York.
It is Never Too Late to Collect
Many times in New York divorce cases people make separation or settlement agreements for events that will happen in the future.
The Family Jewels
It is a common misconception that jewelry is necessarily the separate property of the wife and is never subject to equitable distribution.
Post Nuptial Agreements
A Post nuptial agreement is basically a settlement agreement.
What Happens if Somebody Files for Divorce?
Pre nupts are valid, and it is difficult to get them thrown out in Courts in New York, read the following case from the third department…..
Cancel Credit Cards?
We pick up with Step 8 in our series on practical steps to take when a divorce is imminent.
What Should I Do Next?
We continue with our series on steps to take when divorce is imminent.
Should I Move Out?
We are nearing the end of our series on practical steps to take when you are facing an imminent divorce.
Determine Your Income? Is Everything Reported?
Your lawyer will need documentation showing your income (if you work outside the home) and the income of your spouse.
Safe Guard Your Documents
Inventory and photograph your household furniture, art, jewelry and other items of value.
Supreme Court, Appellate Division, Third Department, New York.
Make Sure Your Lawyer Follows the Rules!!!!
In a recent case the appellate division dismissed a divorce action, because the lawyer failed to file the proper paper work in a timely fashion.
Do I have Enough for Cruelty to Get a Divorce?
The appellate division in the first department recently ruled in Gross v. Gross that in order to be granted a divorce based on the grounds of cruel treatment in New York, a divorce litigant must have sub
What Is The First thing I Should Do?
This post continues are series on practical steps to take when a divorce is imminent.
What About Additional Debt?
We continue our series on practical steps to take when you are about to face divorce.
Qualified Domestic Relations Orders…Are They All The Same?
Many lawyers settle cases and draft agreements that are vague.
The Rule on Pensions in New York
If your husband or wife has pension benefits in New York, you should be aware that under the New York Equitable Distribution Law, you are entitled to your marital share of his or her pension.
Half the House?
Even Judges get it wrong.
Generally, You Should Get Half the Pension
Trial Judges in New York constantly make mistakes. Basic principles of equitable distribution are not followed.
What is Equitable
The first issue is often the easiest. In the vast majority of case, marital property is equally divided in New York.
Can I Set Aside My Agreement?
Before you sign on the dotted line, make sure you agree with all the financial terms of your divorce agreement.
Am I Entitled to Interest?
Many times people come to me and show me their judgement of divorce.
Enhanced Earnings: Am I Entitled?
Most lawyers know that law degrees, and medical degrees can be valued as part of a divorce in New York State.