The Upstate New York Divorce Law Blog
Significant revisions to New York's maintenance laws start taking effect this month. These revisions affect how courts will calculate temporary and post-divorce maintenance. They may have a major impact on New York divorces. New York’s new maintenance law is the product of the efforts of the Matrimonial Practice Advisory and Rules Committee, which reports to [Read More]
Our illustrious Governor has signed the new maintenance law this past Friday. The new Temporary Maintenance provisions included in this law will go into effect on October 25, 2015. The balance of the law, including a new post-divorce maintenance formula, will go into effect on January 23, 2016. This will make New York matrimonial practice [Read More]
This is the last post in our short series on equitable distribution. The final step in an Equitable Distribution Analysis is distribution. Marital property should be distributed “in a manner that reflects the individual needs and circumstances of the parties.” Equitable distribution of marital property is intended to give effect to the "economic partnership" concept [Read More]
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]
Every now and then a custody case comes along where a parent proposes to separate siblings. The reasons that I have heard put forth for such an idea invariably are lame and have more to do with the parents' problems rather than what is best for their children. Not surprisingly, as a general rule, courts [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]
New York adopted temporary maintenance guidelines in 2010. Since their introduction these guidelines have been the source of a significant amount of litigation. The statute contains a formula for the calculation of the presumptive amount of temporary maintenance. It also states that a court may deviate from the presumptive award under the temporary maintenance guidelines [Read More]