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]
An annulment is a legal action that determines that the marriage is not legally valid. A divorce terminates a valid marriage. You do not hear of many marriages being annulled in New York and that is because there are very few that are. Since the stigma of divorce long ago vanished, few people look to [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]
Today we have another installment of "How Not To React When You Are Served With Court Papers." Most people when they are served with court papers react appropriately. They do not attack the process server or verbally lash out at them. They do not show the papers to their children. They do not just throw [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. This rule was articulated by the New York Court of Appeals in 1996 in the landmark cases of Tropea v. Tropea. [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]
In New York State, a married couple's 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 listed in the Domestic Relations Law. None of these factors is marital fault. "Marital fault” refers to the misconduct of either party that [Read More]
In a Family Court proceeding when a party does not testify to rebut allegations against him or her the Family Court is permitted "to draw the strongest inference against him as the opposing evidence would allow." This is because the right against self-incrimination and other rights that protect criminal defendants do not extend to Family [Read More]