A Family Trust is a contractual entity formed through a written agreement between yourself and the individual or individuals you select to serve as trustees. Often, these will be close relatives such as your adult children. As the Grantor, you have the power to establish the rules of the trust, such as who the trustees…
It’s a fact of life that changes happen, and when you’re divorced and supporting your former spouse or your kids, events like losing a job or getting injured or sick become not only personal tragedies, but legal issues as well. If you’ve been meeting your support obligations but have experienced a sudden change in circumstance…
If you are getting married, you may have considered a prenuptial agreement. You may be hesitant to bring up the issue, fearing your partner may become angry or believe that you are planning a divorce before the marriage even occurs. However, prenuptials are simply good financial planning. About one-third of first marriages end in divorce.…
Some people like the idea of getting an annulment instead of a divorce, when a marriage comes to an end. Many people believe that annulments are faster and cheaper than a divorce. A person may have a religious objection to divorce and wish to seek an annulment instead. In New York, there are two different…
One of the first questions that many divorce clients asks is “who gets the property?” The most highly contested parts of a divorce is who will get the property accumulated during the marriage. Like most other areas of the law, how marital property is divided depends on which state you live in. New York is…
New York parents are responsible for supporting their children until the age of 21. Child support is a monetary sum that the noncustodial parent pays to the custodial parent. In New York, child support includes cash payments, health insurance, payments for child care, and payments for health costs not covered by insurance. In determining the…
A QDRO is a qualified domestic relations order, which is a special court order that splits or changes the ownership of a retirement plan so that each spouse gets his or her share of the plan. QDRO rules only apply to certain types of retirement plans, such as 401(k)s, pensions, and 403(b)s. Military, federal, state…
A Brooklyn, NY Housing Court judge has denied the request of a man to evict his former wife. The judge dismissed the holdover proceeding brought by Mr. O against Ms A., holding that the familial relationship between the two barred her eviction from the apartment. The couple moved into the apartment in 2007 and married…
A Nassau County, New York Supreme Court Justice has barred a woman from the Long Island, NY home she jointly owns with her husband, saying that she had abandoned her residence during her unexplained absences while she was struggling with alcoholism. He granted exclusive occupancy to the husband pending the resolution of a divorce action,…
If you can answer “Yes” to any one of the three questions shown below, you can ask for a Buffalo, New York divorce on the grounds of abandonment: Did your spouse move out of the marital home at least one year ago and not move back – without any good reason and without you agreeing…
