It is not uncommon for one spouse to be the primary income earner while the other spouse is tasked with taking care of the home and raising the children. When couples with disparate incomes divorce, the courts will often grant temporary or permanent spousal maintenance to the party with a…
Pursuant to New York law, parties in custody actions may enter into stipulations setting forth terms defining custody and child support rights, and the courts will generally affirm such agreements if they are in the best interest of the children in question. Essentially, the court-approved agreements in custody actions are…
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…
Many people make the practical decision to enter into marital agreements before or after marrying in an effort to protect their assets. While such agreements are designed to avoid protracted litigation regarding the division of property, in some instances, the agreements themselves become the topic of dispute. For example, parties…
Raising a child is expensive, and few people can afford the cost alone. Thus, in many instances in which parents share child custody, the courts will order one parent to pay child support to the other. Numerous elements are taken into consideration in determining an appropriate monthly support obligation. Recently,…
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…
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…
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…
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,…
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…