Tag Archives: New York divorce laws

Should You Legally Separate Before Divorce?

Many people have the misconception that you need to legally separate before you get divorced. Legal separation is an option in New York, but it’s not required. Here’s what to know about legal separation and whether it might work for you. What is legal separation? Legal separation formally divides your assets and creates an agreement… Read More »

Grounds for Divorce in New York

If you’re thinking of divorcing in New York state, it’s important that you understand what constitutes grounds for divorce. If you fail to meet the residency or have an acceptable reason for divorce, it could be delayed or better handled in another state. Residency requirements You must meet one of the following conditions: You or… Read More »

Are Mothers Favored in Custody Agreements?

Divorcing is already a mental, emotional and financial strain. When parents contemplate the possibility of being separated from their children, it can be extremely distressing. Clients often wonder whether mothers are favored in custody agreements. In the past, mothers were favored because they were also considered primary caregivers. Here’s the good news: New York takes… Read More »

When Can a Parent Cry “Uncle” on Child Support?

In the neighborhoods of old New York, boys who were bested in a wrestling match were often forced to cry “Uncle!” before the victor would let them up. It was a point of pride to give everything you had before uttering the dreaded term, which amounted to an admission of defeat and a plea for… Read More »

Do “Presumptive” Attorney Fees in a New York Divorce Shortchange the Client?

New York Domestic Relations Law has long had a provision allowing the court to compel a moneyed spouse in a divorce to pay the attorney fees of the non-moneyed spouse. This enlightened bit of legislation was meant to level the playing field between litigants who often consisted of a salaried husband and a non-salaried stay-at-home… Read More »

What Happens If My Spouse Won’t Agree to Divorce Mediation?

We’re often asked if divorce mediation can proceed when one spouse has not bought into the process. Mediation is designed to be a cooperative venture. If one spouse is open and engaged, but the other sits tight-lipped with arms crossed, that’s not mediation. Nor is it mediation if only one spouse shows up for the… Read More »