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Property Division: Marital Property vs Separate Property in New York

August 13, 2019
What’s mine is mine, what’s yours is yours, and what’s ours is ours. Or is it? When it comes to divorce in New York, divvying up property is one of the most difficult, if not downright contentious, issues. New York is an equitable distribution state, which means that marital property is divided “fairly.” Separate...
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Putting Together a Marital Settlement Agreement in a New York Divorce

August 6, 2019
In the heat of a New York divorce, it may feel nearly impossible to agree on many things. However, a marital settlement agreement can help you and your soon-to-be-ex resolve issues in the most peaceful way possible. In short, this agreement is a contract between the two of you in which you come to...
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Elements of a New York Parenting Plan

July 30, 2019
Many of us grew up with a calendar on the refrigerator, on which our parents penciled in our daily schedules for school, extracurricular activities, doctor’s and dentist’s appointments and other events. It was a valuable tool that helped us know that each day, each week and each month would run as smoothly as possible....
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What to do Before Filing for Divorce in NYC

July 16, 2019
Now that you’ve made the choice to get a divorce, it’s time to get organized. Like any legal process, divorce requires you to collect documents, determine goals and stay focused. Here are five things you need to do as you prepare to file for a New York divorce: 1. Interview attorneys Your New York...
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What You Need to Know About New York Child Support Modification

July 2, 2019
When children are involved in a divorce, there is an obligation to ensure that they are financially taken care of until they are 21(or under 21 if they are in the military, married, or otherwise self-supporting, or if they have left the home). That obligation is child support. However, when there is “substantial change”...
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Tax Reform’s Effect on Spousal Support

January 4, 2018
The Tax Cuts and Jobs Act of 2017, signed into law by President Trump on December 22, 2017, includes a change that will have a big effect on divorcing parties in the coming year. Beginning on January 1, 2019, spousal support also known as maintenance or alimony, will no longer be deductible for tax...
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No Eviction of Spouse While Divorce Action is Pending

December 18, 2017
On September 28, 2017, the Landord Tenant Part of the District Court, Nassau County, issued a decision staying a holdover action pending the resolution of a related divorce currently pending before the Supreme Court, because the property in question was potentially marital property subject to equitable distribution. Nabeela Bashir, the respondent in the holdover...
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Same-Sex Parenting Rights Expanded

December 14, 2017
On September 27, 2017, the Family Court, Nassau County, issued a decision finding that a non-biological mother, J.C., had standing to seek custodial and visitation rights for two subject children who were the biological children of the respondent, N.P. This case, titled J.C. v. N.P., is a next step on the question of same-sex...
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