You can obtain an annulment based on one of the five reasons set forth in New York Domestic Relations Law (“DRL”) Section 140. This post will focus on an annulment based on fraud-DRL 140(e). Pursuant to this statute: An action to annul a marriage on the ground that the consent of one of the parties thereto was obtained by force …
Why Hire an Attorney for an Uncontested Divorce When Forms are Available Online?
Filing a New York uncontested divorce or an annulment can seem easy to do. In the case of an uncontested divorce, there are forms available on the court’s website. For annulments though, there are no forms available to the public, but it is substantially similar to filing for an uncontested divorce. That being said, there are over 15 documents that …
Forgery, Identity Theft and Divorce
Sometimes one spouse will sign the other’s name. Most times, this is consensual; however, there are times where it is nonconsensual and the other spouse had no idea it was done. This can come to a head when a divorce action ensues. New York is a no fault state, which means that courts do not “punish” parties of a divorce …
The 4-Step Divorce Mediation Process
It’s as easy as 1,2,3… 4! Okay, okay, divorce mediation isn’t always so “easy” but this document that I created demonstrates the 4 step process. Initial Consultation – this is where an initial consultation agreement and confidentiality agreement is signed and the mediation process is discussed Mediation Period – this could take a bit depending on the complexity of the …
Top 10 Reasons Why Prenuptial Agreements Are Romantic
As I wrote in this post a few years ago, I believe that engaged couples should shift the way they look at prenuptial agreements. I will be speaking tonight to my BNI Chapter on why I think prenuptial agreements are romantic. If you’re in NYC, I would love for you to come and hear the presentation. If you cannot make …
New York Divorce: Rehabilitative Spousal Maintenance
Durational (a/k/a rehabilitative) maintenance can be awarded to enable the lesser-monied spouse to get back on his or her feet and become self-sufficient following a divorce. Most commonly, durational maintenance is usually provided to spouses that have been out of work for a while or spouses who are caring full-time for young children and need time and resources to become …
That Pesky Student Loan Debt and Divorce
In case you missed it, I was quoted in this Wall Street Journal article talking about premarital student loan debt and divorce (and admitting my law school debt load). In a marriage, everything fits into one of three buckets: separate property for each spouse and marital property. Debt also fits into one of these buckets. In New York, property and …
Divorce: I’m Living in a Pre-Marital Home- Now What?
All property in a divorce fits into one of three buckets: (1) Husband’s separate property, (2) Wife’s separate property, and (3) Marital Property. Property will be divided by equitable distribution (which does not necessarily mean equal). Marital property is broadly construed in order to give effect to the ‘economic partnership’ concept of the marriage relationship recognized in the statute. Separate …
Looking to Start or Build a Family/Divorce Mediation Practice?
I have loved my family and divorce mediation part of my practice over the last few years. In particular, I strongly believe in the divorce mediation process. I recently met Justine Borer, a well-established family and divorce mediator in New York City, and she recommended her seminar titled “Practical Tips for Family and Divorce Mediators.” Although focused on the …
Divorce: Cohabitation Before Marriage – Does that Make a Separate Asset Marital?
Under New York law, a separate property asset does not become marital property just because the parties were a couple at the time the property was purchased. Revisiting the case of a house which was purchased by one party before the marriage, which is separate property, an unfortunate realization for many people is that living together in a house one person …
Three Ways Working Overtime Can Affect Child Support in New York
Parents’ total income is used when calculating child support under the Child Support Standards Act (“CSSA”). To arrive at the total income amount, the most recent year’s Federal tax return is usually used. This includes overtime pay. Overtime pay can be tricky as a source of income because it can be very inconsistent. When the court calculates child support based …
Some Other Professionals That You Might Consider For Your Divorce
Besides a qualified matrimonial attorney and/or mediator (like yours truly), here are a few other types of professionals that you might want to consider hiring to help you through your divorce process: 1. Divorce Coaches – “Coaching” seems to be very hot right now. There seems to be a coach for everything these days – health coach, business coach, life …