In New York, you can’t file for divorce and then just evict your spouse. In fact, you can’t prevent your spouse from having access to your shared home until a temporary agreement is reached that codifies that. Often, a spouse will be unwilling to move out for fear of losing property or implying to the […]
Category Archives: Divorce
We’ve helped our clients reach a variety of resolutions when it comes to distributing property and preserving the normal routine of school, activities, and friends for their kids. Selling a home is not the only way that the asset can be handled. Spouses can retain joint ownership of a home and include mortgage and utility […]
New York requires that child custody matters be worked out as part of the divorce settlement. If you and your spouse are lucky enough to still be able to talk through the relevant issues, you’ll want to develop a formal agreement in the short term so that you and your kids will know what to […]
As much as you may want to protect your kids by keeping their world simple and easy to navigate, the fact is that at some point, you or your former spouse are likely to meet someone, and the kids will have to learn to accept these new relationships. It’s not likely that you’ll convince a […]
Negotiating the disposition of a jointly owned business has significant financial, tax, and career implications for both spouses. We’ve helped clients approach business interests in a variety of ways, from continuing forward as co-owners, to buyouts of one party, to complete liquidation, among other options available. There are also considerations when it comes to children […]
Failure to comply with court orders is very serious, and failure to comply with court ordered child support is even more serious still. Any violation of a court order can result in a criminal contempt charge in New York, but when a spouse gets behind on child support payments, the court’s actions can be swift […]
Yes, your spouse will have to be personally served. Use of a process server is advised, as the server will then file the necessary affidavit of service that allows you to move forward if your spouse doesn’t respond. If the server can’t locate your spouse, we will pursue other approaches, like asking the court to […]
Usually it’s considered marital property. Marital property is understood by New York courts as all income, assets, and debts acquired during the marriage, whether with joint funds or separate funds. It doesn’t matter whether your name alone is on the deed or title, odds are very high that the judge will consider the property to […]
No, changing the locks or otherwise impeding your spouse’s access to their home is illegal without the court’s consent. Except in cases where domestic violence poses a risk to your safety, the judge won’t authorize you to simply kick your spouse out and force them to find lodging or sleep on the street. What needs […]
In the modern economy, it’s perfectly normal to move where the jobs are, and it’s relatively straightforward in most cases to make a persuasive argument to a Family Court judge that the best interests of the child is where you are able to maximize your earnings. If your current job wants to transfer you out […]