In New York divorce proceedings, a properly executed stipulation of settlement can carry significant weight in determining the financial and custodial obligations of the parties. Specifically, once they are incorporated into a judgment of divorce, such agreements are treated as enforceable contracts, and courts will generally uphold them absent evidence…
Articles Posted in Divorce
New York Court Discusses Grounds for Setting Aside a Marital Separation Agreement
Divorce and marital separation agreements are often legally binding contracts that courts are reluctant to set aside without strong justification. However, disputes can arise when one party later challenges the fairness of an agreement, particularly in cases involving financial disclosures, legal representation, and claims of unconscionability. A recent decision issued…
New York Court Discusses the Right to Legal Counsel in Divorce Actions
Divorce cases are often fraught with emotional and legal complexities, but some disputes extend beyond custody and asset division, raising ethical and professional concerns that can impact the very foundation of the legal process. When an attorney’s representation is called into question, courts must weigh a party’s right to legal…
New York Court Examines Bifurcation of Claims in Divorce Actions
Ending a marriage can greatly impact people not only emotionally but also financially. As such, it is not surprising that people often want to resolve the financial disputes that arise in divorce proceedings as expeditiously as possible. Generally, however, the courts will not bifurcate spousal support and divorce claims to…
New York Court Discusses Enforceability of Prenuptial Agreements
Prenuptial agreements are designed to provide clarity and safeguard individual assets in the event of a marriage dissolution. However, disputes often arise regarding their validity, as demonstrated in a recent New York case in which the court determined that a trial was needed to determine whether a prenuptial agreement should…
New York Court Upholds Child Support and Custody Determinations in Divorce Case
New York courts prioritize the best interests of the child in custody and support cases, ensuring that both parents meet their obligations. A recent New York decision reaffirmed the court’s discretion in determining custody and child support, emphasizing that such rulings will not be disturbed if supported by substantial evidence.…
New York Court Affirms Enforcement of Life Insurance Provision in Divorce Judgment
In New York, divorce judgments often include stipulations designed to secure financial support for children and dependent spouses. As reaffirmed in a recent New York decision issued in a divorce action, family courts may enforce these stipulations, including life insurance provisions, to ensure continued support. If you seek to enforce…
New York Court Discusses Grounds for Awarding Maintenance and Child Support
It is not uncommon for New York couples to enter into prenuptial or post-nuptial agreements that define their rights and obligations with regard to property and assets in the event that they divorce. Marital agreements do not necessarily resolve all disputes over finances, though, as demonstrated in a recent New…
New York Court Dicusses Counsel Fees in Divorce Actions
Generally, in civil litigation, parties are expected to pay for their own legal counsel. There are some exceptions to the general rule, however. For example, pursuant to New York law, the party with fewer assets in a divorce action may be able to recover counsel fees from their spouse. In…
New York Court Discusses Requests for Temporary Support in Divorce Actions
In many New York divorce actions, one party will seek child support and maintenance from the other while the dissolution is pending. The courts generally require both parties to submit documentation of their assets and liabilities prior to granting such requests. If a party fails to offer such proofs when…