No, you certainly don’t have to sell your house, but it’s an option. New York requires only the “equitable distribution” of assets, but how you arrive at equitable is largely up to you and your spouse. If you want to retain your home and your spouse doesn’t, you can arrange a financial settlement that pays […]
Category Archives: Divorce
Generally, child support is calculated as a percentage of the non-custodial parent’s income. Among high earning families, or families where one parent earns the lion’s share of income, the court has discretion in how it calculates the child’s needs. For instance, in a situation where a non-custodial parent earns about $50,000 a year, as does […]
New York courts use a concept known as “equitable distribution” when it comes to dividing assets at the end of a marriage. But there are some things to know before you start divvying up property. If you came into the marriage with assets like real estate or other goods, those are considered “separate property,” and […]
Grounds for divorce used to play a much more significant role in the final settlement, but today, the courts are less interested in adjudicating which party in a divorce action was worse at being a spouse. If you had an affair and your spouse knows about it, it’s likely that it’ll come up. Whether it […]
A common, and usually very emotional piece of custody agreements post-divorce is when the custodial spouse has an opportunity to move away from New York for a better life. This may take the form of a job offer, a new marriage, or being closer to family, but the result is the same: The non-custodial parent […]
Whether you’ll have to appear in court at all has everything to do with how you and your spouse are approaching your divorce. If your divorce is uncontested and filed on irretrievable breakdown grounds, you’ll probably never have to make an appearance in a court room in Rochester. If you and your spouse can’t negotiate […]
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New York allows for unilateral divorce through Irretrievable Breakdown grounds, but how do you divorce a missing spouse? If your spouse has been out of the picture and you don’t know how to locate them, you may be able to utilize a process called Publication Divorce. In a publication divorce, you’ll have to perform a thorough […]
No, it really doesn’t matter who files first in a divorce. If your spouse puts the paperwork in, that doesn’t create any perception that they have a greater need to be free of the union than you do. Whoever files first, the court will do a few things. First, it will issue automatic orders that […]
The court will not grant a final divorce judgment until the parties craft a viable child custody agreement that includes visitation, support, and other relevant matters. It’s best when the parents are able to sit down and work through these issues on their own. If, after you and your spouse are divorced, one or both […]
Until very recently, to get a divorce in New York, spouses were required to show cause, such as adultery, abuse, abandonment, and so forth. This requirement led to widespread fraud in divorce actions, as well as needlessly contentious litigation between the parties who had been forced to build cases against one another. In 2010, New […]