Category Archives: Family
What is the Divorce Mediation Process Like in New York State?
Mediation is one way to cooperatively end a marriage in New York State. You and your former spouse sit together with a neutral third party who guides the process of finalizing your divorce. The process involves avoiding the courtroom and judges who will make decisions on your behalf. You’ve heard about mediation, but what… Read More »
Understanding the Differences Between Litigation and Mediation
Litigation is the traditional way to dissolve a marriage. The couple battles it out in an adversarial process before a judge. The judge renders decisions based on a firm application of the law. Neither side, generally, goes away happy. Plus, there are substantial costs involved with each side having their own attorney, presenting expert… Read More »
How Does the Divorce Mediation Process Work in Rockland County, NY?
Divorce mediation is a form of alternative dispute resolution that is more amicable, less expensive, and a faster alternative to traditional divorce litigation. During mediation, you and your spouse hire a mediator to help review your divorce case and guide you through the process of negotiating a settlement. The divorce mediator helps you understand… Read More »
When Does a Spouse Qualify for Alimony?
Alimony is designed to provide essential support to a spouse who needs financial assistance in order to maintain their standard of living. However, not every spouse in New York State qualifies for alimony, and New York courts consider various factors when deciding whether a spouse is eligible. In this article, the Law Office of… Read More »
What Happens When a Father Refuses to Acknowledge Paternity in New York State?
You’re likely asking this question because you’re a mother in New York State who just had a baby. You know who the father is, but they’re not being cooperative and don’t want to acknowledge that they are the father of the child. What can you do in this situation? The Westchester County divorce lawyers… Read More »
What is Considered Marital and Separate Property in New York State?
New York is an equitable distribution state. That means that assets are divided in accordance with what is equitable or fair, not necessarily a 50/50 split. It’s important to understand that only the marital estate is divided. That means only property that is considered “marital” is subject to equitable distribution. Understanding the different types… Read More »
What are the Different Types of Alimony in New York State?
Alimony is a regular payment that one spouse makes to the other either during the divorce proceedings or after the divorce has been finalized. In New York, alimony payments that are made while a couple is divorcing are referred to as spousal support. Alimony payments that are made after the divorce has been finalized… Read More »
Key Differences Between Contested and Uncontested Divorces in New York State
Divorce can be divided into two categories: Contested divorce and uncontested divorce. Understanding the differences between these types of divorce can help you make decisions related to your own divorce process. Essentially, if a couple can agree on all matters related to their divorce, they can proceed with an uncontested divorce. If the couple… Read More »
What is a Qualified Domestic Relations Order in a New York Divorce?
When you divorce, all property that was acquired during the marriage is split between the spouses in an equitable manner. This includes retirement accounts that have accrued value during the marriage. Of course, you can’t raid a retirement account without facing penalties, so how does the retirement account get divided during the divorce? The… Read More »
Understanding the Factors Related to Equitable Distribution in New York
When it comes to dividing the marital estate during a divorce, there are two different types of states: Equitable distribution states and community property states. In community property states, the marital estate is divided 50/50 between the two parties without consideration of their individual needs. New York is an equitable distribution state. That means… Read More »