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 […]
Category Archives: Divorce
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 […]
We see it all the time: Couples on the edge of divorce who, as they finally sit down and talk openly about their problems, realize that their marriage can be saved after all. The good news is that even if you’ve already filed and begun the legal process of divorce, ending the process is straightforward […]
The courts require that you not interfere in any way with your former spouse’s visitation, so it’s important that you encourage your child to attend. If your ex believes you are trying to keep your child away from them, it can lead to serious problems, including bringing everyone back to court to fight it out. […]
Default divorce is a divorce that is granted after your spouse has been served papers and has failed to respond in the appropriate period of time. For many couples, a default divorce is the simplest and most cost effective way to handle a divorce. They simply fill out the correct forms, file them, and then […]
New York doesn’t require the use of attorneys for divorce actions, and some of the reforms to divorce law in recent years have been aimed at making it easier for less affluent New Yorkers to be able to file uncontested divorces without the expense of attorneys. However, there are many potential pitfalls when you have […]
Remaining in the marital home with minimal disruption to the children is a popular choice that many of our clients make. It doesn’t just help the children, either. In the current real estate market, it may just make sense to wait to sell until conditions improve, possibly several years down the road. By retaining the […]