Articles Posted in Divorce

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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 opinion issued in a New York divorce action, however, such challenges will not be successful if the court finds the agreement is written in plain language that has a precise meaning. If you have a prenuptial agreement and you want to end your marriage, it is smart to talk to a New York divorce attorney to determine how the agreement may impact your case.

Factual and Procedural Background

Reportedly, the parties married in December 2008. The wife came to the United States on a 90-day fiancée visa that was set to expire shortly before the marriage. The husband asked the wife to sign a prenuptial agreement that his attorney drafted, and the wife complied, signing the agreement two days prior to the wedding.

Allegedly, the agreement contained an escalator clause that required the husband to transfer certain assets to the wife on the tenth anniversary of their marriage. The husband filed for divorce in May 2018 but argued that the prenuptial agreement was unenforceable because it was vague. The court found in favor of the wife and enforced the agreement. The husband appealed. Continue reading

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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 and may be grounds for the court to sanction them, as demonstrated in a recent New York child support case. If you share custody of a child, it is important to understand your parental rights and duties, and it would benefit you to speak to a New York child support lawyer.

History of the Case

It is reported that the husband and wife married in 2001. They had two children during the marriage before the wife filed for divorce in 2013. She subsequently moved to compel the defendant to comply with specific discovery requests, and if he did not, requested that the court bar him from offering evidence at trial regarding financial matters. The court granted the motion, stating that if the defendant declined to comply with the discovery order, the court would evaluate child support based on the needs of the children instead of the factors and formulas defined in the Child Support Standards Act.

Allegedly, the husband appealed the order, but it was affirmed. He then failed to comply with the order and as such, was precluded from presenting evidence regarding his finances at trial. The court then directed him to pay approximately $5,600 per month in child support. The husband appealed. Continue reading

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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:

  1. How long do Contested Divorces usually take?
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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 New York court elaborated on the law restraining parties involved in divorce actions from transferring assets in a matter in which the husband sought permission to sell a wine collection to pay marital debts. If you are contemplating seeking a divorce and have concerns about how the decision to end your marriage may impact your rights, it is prudent to confer with a New York divorce attorney regarding your options.

Procedural Background of the Case

It is reported that the wife instituted a divorce action and sought ancillary relief in July 2018. Later that year, the husband moved for permission to sell part of the parties’ wine collection while the divorce was pending and advised the court that he intended to use the proceeds of the sale to pay marital expenses and debts. The trial court denied the husband’s motion, after which he appealed.

New York Law Regarding the Disposition of Marital Assets in Divorce Cases

On appeal, the court affirmed the trial court ruling. In doing so, the court explained that New York Domestic Relations law section 236 dictates that upon the commencement of a divorce action orders prohibiting the parties from disposing of or transferring marital property without the consent of the court or the written consent of the opposing party will automatically issue. Continue reading

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Many couples who decide to end their marriage are able to negotiate the terms of their separation successfully. When such agreements are memorialized in writing and submitted to the court, they typically will be incorporated into the judgment of divorce. While written separation agreements deal with family law issues, they are nonetheless contracts and are construed and enforced in the same manner as any other contract. Recently, a New York court issued an opinion discussing the interpretation of a written separation agreement in a case in which the former wife sought enforcement of the agreement between her and her former husband. If you intend to end your marriage, it is important to understand the implications of your decision, and you should speak to a trusted New York divorce lawyer.

History of the Case

It is reported that the husband and wife married in 1984 and had three children during their marriage. In 2007, they entered into a written separation agreement that stated, among other things, that the husband was responsible for the expenses associated with the former marital residence and had exclusive possession of the residence, where he would live with the children. In 2010, however, they modified the agreement to grant the wife exclusive possession of the residence until the youngest child turned 21, at which point the home would be placed on the market.

Allegedly, the parties divorced in 2011, and the written separation agreement was incorporated into the judgment of divorce. In 2018, the wife moved to enforce the provisions of the agreement requiring the husband to pay expenses associated with the house and child support arrears. The court denied the motion, and the wife appealed. Continue reading

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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. Recently, a New York court discussed what a party seeking to hold someone in contempt for failing to comply with a family court order must prove in a case in which a former wife moved to hold her former husband in contempt for failing to pay counsel fees and arrears. If you have questions regarding the enforcement of orders in New York family law actions, it is in your best interest to consult a New York family law attorney as soon as possible.

The Factual and Procedural History of the Case

It is reported that the former husband and former wife were divorced by judgment in September 2013. Among other things, the judgment directed the former husband to pay the former wife over $420,000 in arrears for carrying on the marital home and counsel fees in the amount of $30,000. The judgment was later modified to reduce the arrears owed by the former husband to slightly over $200,000; the award of counsel fees in the amount of $30,000 was affirmed. A second judgment for additional counsel fees was entered against the husband in April 2017.

Allegedly, in May 2018, the former wife moved to hold the former husband in civil contempt for failing to pay the arrears or counsel fees. The court granted the motion. The former husband then moved to vacate and set aside the contempt order. The court denied his motion, and he appealed. Continue reading

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Under New York law, when a couple divorces, any marital assets are subject to equitable distribution. In other words, the courts will allocate them in a manner they deem fair, which does not necessarily mean they will be divided equally. Separate property, on the other hand, remains the property of the spouse to whom it belongs. In some instances, however, a party may be entitled to a percentage of the increase in value of their spouse’s separate property, as demonstrated in a recent New York case. If you have questions regarding how a divorce may affect your property rights, it is advisable to speak to an experienced New York divorce lawyer as soon as possible.

History of the Case

It is alleged that the parties married in 2007 and had two children together, both of whom were born in 2010. The husband subsequently filed an action for divorce. The case proceeded to a bench trial, after which the judge entered a judgment of divorce and awarded the husband, among other things, 50% of the value of appreciation of the marital home. The wife appealed.

Property Rights in New York Divorces

The appellate court affirmed the trial court’s order with regard to its decision to grant the husband 50% of the value of the appreciation of the marital home, which was the wife’s separate property. The court explained that under Domestic Relations Law section 236, equitable distribution of assets must be based on the unique circumstances of the case in consideration of multiple statutory factors. Continue reading

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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, however. This was demonstrated in a recent New York ruling in which the court rejected the assertion that a husband should no longer be required to pay pendente lite support for a marriage that lasted 16 months. If you wish to seek a divorce, it is smart to speak to a New York divorce lawyer to determine how your decision may impact you financially.

Procedural History of the Case

Allegedly, the husband and the wife married in February 2017. The couple had one child during their marriage, and the husband filed for divorce in August 2019. Resolution of the matter was delayed extensively, in part due to the husband’s failure to comply with court orders or engage in discovery and his failure to appear for hearings.

It is reported that in April 2021, the husband filed a motion asking the court to vacate a December 2020 order that required him to pay spousal maintenance, arguing that as the couple was only married for 16 months, he should not be compelled to pay pendente lite spousal maintenance 26 months after he filed for divorce. The court ultimately rejected the husband’s reasoning and denied his motion. Continue reading

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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 divorce, it is critical for people seeking to dissolve their marriages in such a manner to understand the implications of their decision. For example, as explained in a recent New York ruling, a party that asks the court to vacate an order issued in an uncontested divorce likely faces an uphill battle. If you are thinking about a divorce, it is in your best interest to consult with a trusted New York divorce and family law attorney to discuss your options.

The History of the Case

It is reported that the husband and the wife married in 2000. The wife commenced a divorce action in 2017, and the parties subsequently negotiated the distribution of their property and entered into a separation agreement. The agreement provided, among other things, that the wife’s pension and the husband’s retirement account were the separate property of each party. The matter then proceeded as an uncontested divorce, and the court entered a judgment of divorce upon the husband’s default.

Allegedly, the court incorporated but did not merge, the separation agreement into the judgment of divorce. The husband then moved to vacate the judgment and the portions of the separation agreement dealing with the pension and retirement accounts. The court denied his motion, and he appealed. Continue reading

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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 attorney to advocate for the interests of a child. An attorney for children’s role is limited to matters that directly impact the young parties they represent, though, as demonstrated in a recent New York ruling. If you have children and intend to seek a divorce, it is wise to meet with a knowledgeable New York family law attorney to determine your rights.

Procedural History of the Case

It is reported that the parties were married in July 2003, after which they had three children. Prior to getting married, they entered into a prenuptial agreement which stated that neither party would be entitled to equitable distribution, maintenance, or attorney’s fees in the event of a divorce. The couple ultimately decided to part ways and filed for divorce. The wife then filed a motion asking, in part, that the court set aside the prenuptial agreement. The court issued an order denying the wife’s motion. The attorney for the children then moved to vacate the order pertaining to the prenuptial agreement on the grounds that he should have been permitted to participate in a hearing on the matter to protect the interests of the children. The court denied his motion, and he appealed.

Children’s Rights in Divorce Actions

On appeal, the court held that contrary to the assertion of the attorney for the children, he did not have the standing to file a motion to vacate the trial court’s order. The court explained that while children have some rights with respect to matters such as custody, visitation, and child support in matrimonial actions, they do not have a general right to participate in the litigation of financial matters relating to maintenance or equitable distribution in their parents’ divorces. Continue reading

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