Simply because a marriage is ending does not mean that there is animosity and discord. Rather, many married couples mutually agree that their marriage should end and on the terms of their divorce. Thus, in some cases, a couple can seek an uncontested divorce. Simply because parties agree that they…
Articles Posted in Divorce
New York Court Discusses the standard for Barring a Divorce in a Foreign Court
With the ever-expanding global economy, it is not uncommon for a married couple to reside in more than one country. If an international couple decides to end their marriage, which country has jurisdiction over a divorce action often becomes a point of contention. In a recent New York case in…
New Filing is permitted in NYC from May 25
Chief Administrative Judge Marks released a Memorandum today announcing that, beginning Monday, May 25, “e-filing through the NYSCEF system – including the filing of new non-essential matters – will be allowed in all five NYC boroughs (certain restrictions apply) Read the entire Memorandum here. If you contemplate filing for divorce…
COVID -19 – New York Court System – Administrative Order – Discovery
Rudyuk Law Fim will continue to update you on new developments and information in light of COVID-19 pandemic which affects divorce litigation and family law procedures in NYC. Last evening, New York State Unified Court System Chief Administrative Judge Lawrence K. Marks issued an administrative order outlining additional steps the…
AN IMPORTANT NOTE FROM MY FIRM DURING THE PANDEMIC
AN IMPORTANT NOTE FROM MY FIRM: As we all fight the unprecedented pandemic caused by the COVID-19 (Coronavirus), my firm remains readily available to our divorce and family law clients and new clients. If you have any questions or concerns regarding your divorce action, co-parenting during difficult times, child support,…
What warrants custody modification in New York
In many cases in which a couple with a child divorces, absent an agreement, the court will issue an order granting one parent primary physical custody and award the other parent parental access. Custody orders are not permanent, however, but can be modified upon a showing that a modification is…
New York Court Explains Distribution of Contributions to Property in Divorce
Under New York law, property acquired during a marriage is considered marital property, which means that it belongs to both parties. Thus, if a couple divorces, the court will equitably distribute any marital property. In many cases, however, the parties will not only dispute what constitutes a fair division of…
New York Court Discusses the Role of Religion in Child Custody Cases
In many marriages, one spouse will hold strong religious beliefs and will provide religious guidance to any children born of the marriage, while the other spouse will not actively practice religion. Accordingly, when a couple with such differing religious beliefs decides to divorce, the issue of what religious upbringing the…
New York Court Discusses Factors Weighed in Granting Spousal Maintenance
In many marriages, one spouse will earn substantially more than the other, causing a disparity in income. Thus, in many cases in which spouses do not earn similar wages, the courts will order the higher-earning spouse to pay spousal maintenance. Recently, a New York appellate court discussed the factors weighed…
New York Court Discusses Consequences of a Party’s Failure to Pay Marital Debt in a Divorce Action
One of the most contentious issues in many divorce cases is how marital assets should be disbursed and what support if any, one spouse should be obligated to pay the other. Unfortunately, parties do not always agree with support orders issued by the court and in many cases, a party…