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Articles Posted in Divorce

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New York Court Discusses the Enforceability of Prenuptial Agreements

In New York, parties entering into marriage have the right to protect their interests via prenuptial agreements. Generally, the courts will enforce valid prenuptial agreements, but parties may attempt to challenge enforcement by arguing, among other things, that the provisions of the agreement are vague. As demonstrated in a recent…

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New York Court Imposes Child Support Obligations Absent Evidence of Income

Discovery is an essential part of family law cases, as it allows the courts to evaluate parties’ rights and obligations with regard to child support, spousal support, property division, and other matters. If a party fails to engage in a discovery process, therefore, it can be prejudicial to their opponent…

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Frequently Asked Questions During an Attorney Consultation on Contested Divorce in NY for Parties with Children:

The following questions are examples of frequently asked questions during a consultation as it relates to contested divorces for parties with children. These are typically the topics that cover most contested divorce proceedings with children. Divorces for people with children: How long do Contested Divorces usually take? What is the…

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Court Discusses New York Law Regarding the Disposition of Marital Assets in Divorce

While married people generally have the right to buy and sell assets as they see fit, parties engaged in the process of ending their marriage via divorce generally do not enjoy such freedoms. Specifically, New York law generally enjoins parties from disposing of marital assets without express permission. Recently, a…

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New York Court Explains the Proof Necessary to Hold a Party in Contempt in a Family Law Action

It is common for courts to issue orders that impose financial obligations on parties in New York family law cases. Such orders are legally binding and enforceable by the courts. For example, if a party fails to comply with the terms of an order, they may be held in contempt.…

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Court Discusses Temporary Spousal Maintenance in New York Divorce Matters

Typically, people marry with the intent to stay together for the rest of their lives. Many marriages are short-lived, though, and last only a few months or years. Simply because a marriage does not endure for a long time does not mean that either spouse is immune from support obligations,…

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Court Discusses Default Judgment in an Uncontested New York Divorce Case

Many divorces are contentious and require protracted litigation to resolve issues such as property division and alimony. In some instances, though, a couple’s decision to part ways is amicable, and they are able to end their marriage expeditiously via an uncontested divorce. While there are benefits to obtaining an uncontested…

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New York Court Explains Children’s Rights in Divorce Actions

Many married couples have children, and if they eventually decide to divorce, the dissolution of their relationship will undoubtedly impact their children in some ways. While parents typically want what is best for their children and act accordingly, in some cases, the court will find it necessary to appoint an…

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