This is the second post in a series on equitable distribution in New York. The first post addressed the first two steps in a four part equitable distribution analysis. This post will address the third step. The third step in an equitable distribution analysis is the valuation of assets and liabilities. The dates used to [Read More]
In a New York matrimonial action the equitable distribution of property requires a four step analysis. This post will examine the first two of these steps in order. The final two steps will be discussed in two additional posts. The first task in an equitable distribution analysis is the identification of assets and liabilities. Each [Read More]
Custody cases in general are among the more difficult domestic relations cases. Custody cases that involve children with special needs are even more challenging for parents and attorneys. Courts have recognized the "unique challenges" presented by children with special needs and the case law reflects that in custody cases involving special needs children those special [Read More]
In New York marital property is subject to equitable distribution in a divorce action. So it is important to know exactly what marital property is. It also is important to understand this concept before one gets knee deep into a divorce action. Marital property is defined as any property acquired by either party during the [Read More]
All too often kids are the victims in divorces and custody battles. Protecting kids from the conflict between their parents is among the most important things parents can do for their children. There are some resources available to help parents with this. One of these is the State of New York Parent Education and Awareness [Read More]
We start the year by concluding the discussion of relocation of a custodial parent. Parts 1 and 2 dealt with general issues. Parts 3 and 4 will deal with some specific considerations. As discussed previously, in evaluating a custodial parent's request for permission to relocate with a minor a court must determine if such a [Read More]
Getting divorced or being separated at Christmas time is probably one of the worst experiences that a person can have. Being the child of parents who were getting divorced or who are separated at Christmas time can be even worse. This is especially so when parents put their own interests ahead of their child's. Here [Read More]
A custodial parent seeking a court's permission to relocate with a minor child bears the burden of establishing by a preponderance of the evidence that the move would be in the child's best interests. The factors by which a court should determine if such a move would be in a child's best interests were established [Read More]
In New York State, marital property is subject to equitable distribution in a divorce action. The "equitable" distribution of marital property is determined by the set of fourteen factors that are listed in the Domestic Relations Law. These factors examine the "economic partnership" that constitutes the marriage in question and guide a court in determining [Read More]
I had a divorce client ask a very good question this week. She happened upon a house for sale that fits her needs perfectly. But we are nine months away from her scheduled divorce trial and she wanted to know what she could or should do since her divorce was pending. This is not the [Read More]