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…
New York Divorce Lawyer Blog
New York Court Discusses Enforceability of Prenuptial Agreements
Many people with significant wealth opt to enter into prenuptial agreements prior to getting married in an effort to protect their assets in the event of a divorce. While the courts generally favor upholding prenuptial agreements, in some circumstances, they will be deemed unenforceable and therefore void. In a recent…
New York Court Discusses Equitable Distribution Following a Foreign Divorce
Many people who emigrate to New York from other places choose to file for divorce in their native countries to take advantage of favorable laws. Simply because one spouse obtains a divorce decree in another country does not mean that a party cannot litigate ancillary issues such as equitable distribution…
Court Discusses Setting Aside a Marital Settlement Agreement in New York
Simply because a couple decides to end a marriage does not mean that the process of dissolving their relationship has to be contentious. Instead, many parties are able to resolve their disputes without the intervention of the courts and will negotiate a marital settlement agreement resolving issues of custody, support,…
Equitable Distribution in Divorce Cases
In many marriages, one spouse acquires or saves substantially greater assets than the other. When such marriages end in divorce, the court may grant a lesser share of marital assets to the less affluent spouse. In other words, a court’s equitable distribution of marital property does not necessarily result in…
New York Court Discusses Grounds for Vacating an Order Granting an Uncontested Divorce
While many people think of obtaining a divorce as a long and contentious process, in some instances, parties can dissolve their marriages in a relatively seamless manner via an uncontested divorce. There are certain requirements that must be met for a couple to be eligible for an uncontested divorce, though,…
Employee Stock and Restricted Stock Options -How to Uncover the Hidden Assets
During the Pandemic, more companies are offering employees stock options and other stock awards instead of regular compensation. Such assets are not easy to uncover during a divorce process. There are certain things you can do to find out whether your spouse is hiding an employer stock plan and ensuring…
Court Discusses Child Support Modifications Under New York Law
While child support is meant to provide financial means to care for a child whose parents do not live together, it nonetheless must be fair and reasonable. As such, if the party that is paying or receiving support experiences an event or life change that affects his or her finances,…
New York Court Discusses Grounds for Modifying a Child Support Obligation
Typically, when a child support order is entered, it aims to meet the child’s needs at that time. As circumstances change, however, it may become necessary to modify a parent’s financial obligation. The court can only consider certain factors in determining what constitutes an appropriate increase in support, though, as…
Court Discusses Imputed Income in Child Support Cases in New York
It is not uncommon for parents who share custody of a child to have disparate incomes. Thus, in many instances, one parent will be required to pay child support to his or her co-parent. In general terms, New York courts calculate child support obligations based on the income of both…