Not without the court’s approval. When New York Family Court hears cases about relocation with children after a divorce, it weighs various factors to determine which option is in the best interest of the child. Maintaining a close and loving relationship with their other parent will be one element the court evaluates, but that doesn’t […]
Author Archives: Friedman & Ranzenhofer
No, your spouse has no claim to a home you purchased before you were married, and you won’t be forced to sell it and share the proceeds as part of the divorce settlement. New York applies its equitable distribution rules only to marital assets, which are property, savings, debts, and other instruments that were acquired […]
It’s very common for divorcing couples to choose to retain the marital home, either jointly or by providing an equalization payment and transferring ownership to the spouse who will remain in the home as the primary caregiver to the children. For couples focused on making the divorce as painless as possible on their children, and […]
If your spouse has responded and your divorce is contested, several things will happen. First, your lawyer will file a Request for Judicial Intervention, or RJI. The RJI must be filed within 45 days from service, and a preliminary conference will be scheduled within 45 days of the RJI being filed. In the meantime, you […]
Your spouse has 40 days to respond, and how they respond (or if they respond) indicates whether or not the action will be contested. If your spouse fails to respond at all, they are in default, and you are able to proceed with the divorce without their input. Failing to respond is interpreted by the […]
While the state has clear child support standards that apply to most families, sometimes parents earn so much money that applying a strict percentage of a parent’s income would result in unusually large child support payments that may be far beyond the actual needs of the child. In situations where one or both spouses earn […]
Domestic abuse is extremely serious, and when a victim of family violence files for divorce, it’s important that appropriate steps are taken to protect them from their spouse. Orders of Protection can be requested, which will bar your spouse from the marital residence and make them subject to arrest if they contact you directly. Domestic […]
Payment into college savings plans can be complicated by divorce. From the court’s point of view, an instrument like a 529 College Savings Plan is a marital asset subject to distribution – even though the funds are destined for your child. When developing a college savings plan as part of the divorce settlement or child […]
While adultery can destroy a marriage, in New York, it doesn’t have a big impact on the ultimate settlement, from the court’s point of view. On the other hand, in settlement negotiations, your attorney should use the fact of the adultery to push for better terms for you. In many cases, a cheating spouse feels […]
These days, nearly every type of banking and financial institution account includes an online interface for account management. Your spouse will have to provide you with the passwords for things like bank accounts, retirement accounts, brokerages, investment accounts, and more. Many people handle their bill payments online, so you’ll also want to be able to […]