New Yorkers who decide to end their marriage will often attempt to expedite their divorce proceedings via stipulation of settlement agreements. While such agreements can allow for an efficient and amicable resolution, they must be crafted with due care, as any ambiguities could lead to disputes and litigation down the…
Articles Posted in Divorce
Court Discusses Property Characterization in New York Divorce Actions
Generally, under New York law, any income or property a person acquires while they are married is deemed a marital asset. There are exceptions to the general rule, though, for things like property obtained via inheritance. While money from an inheritance can be converted to marital property, a person arguing…
New York Court Discusses Spousal Maintenance in New York Divorce Actions
In New York divorce actions, it is not uncommon for one party to seek spousal maintenance from the other. The duration and amount of such maintenance are generally left up to the discretion of the trial court. If the trial court’s decision clearly constitutes an error, though, it may be…
New York Court Discusses Grounds for Appealing a Judgment of Divorce
Generally, New York courts will resolve disputed issues in divorce actions in the judgment of divorce. If a court fails to adequately explain its ruling or reasoning, though, there may be grounds for appealing a judgment of divorce, as explained in a recent New York divorce action. If you have…
New York Court Discusses Sale of Marital Residences in the Pendency of Divorce
People who are married typically are not only connected emotionally and legally but financially as well. While divorce severs such ties, if they disagree over how their finances should be handled during the pendency of a dissolution proceeding, it can become complicated, and they may seek a resolution from the…
Court Discusses Enforceability of Separation Agreements Under New York Law
It is not uncommon for married couples to separate while contemplating whether they want to legally end their marriage. In such instances, they will often enter into a separation agreement indicating their rights and duties during their time apart. Such agreements are essentially contracts and are enforceable as such. There…
New York Court Discusses Consequences of Marital Misconduct in Divorce Actions
In many divorce actions, the main point of contention is the division of assets. While parties may not want to divide marital property during a divorce, behavior designed to hide such property will likely be uncovered by the courts, as demonstrated in a recent New York opinion issued in a…
New York Court Discusses Enforcement of Settlement Agreements in Divorce Actions
Ending a marriage often has emotional ramifications, but some people are able to set aside their feelings and negotiate and enter into settlement agreements that set forth their rights and obligations instead of engaging in litigation. Simply because parties enter into such agreements does not always mean that they will…
New York Court Discusses Enforceability of Separation and Settlement Agreements
One of the most contentious issues in most divorces is how assets should be divided. In some cases, though, parties are able to come to an agreement independently. Separation and settlement agreements will typically be enforced by the New York courts, but they can be set aside if they are…
New York Court Discusses Interpretation of Stipulations Regarding Child Support
It is not uncommon for a divorcing couple to enter into a settlement agreement establishing their rights and obligations. If they have children, such agreements may include provisions regarding child support. While any agreement pertaining to children must be in the children’s best interests, if the courts incorporate a stipulation…