In every divorce on Long Island, when the summons and complaint are served upon the defendant there are matrimonial Automatic Orders included. The basic premise behind these orders is to maintain the status quo during the pendency of a divorce. Both parties are bound by the Automatic Orders and must refrain from transferring or encumbering real and personal property and retirement funds, the accumulation of unreasonable debt, and changes in beneficiaries on existing health and life insurance policies. (more…)
As experienced Long Island divorce attorneys, we often see how Uncontested divorces become highly Contested divorces over the same issues. These issues often become so heated that they often seem insurmountable obstacles to obtaining your Final Judgment of Divorce. Below are some of the most common issues that cause parties the most stress.
Child Support, Child Custody & Visitation (more…)
Validity of Prenuptial Agreement after Recent New York Appellate Division Case
For many couples on Long Island, having a Prenuptial Agreement drawn up before their marriage is a basic assumption of their relationship. Prenuptial agreements are an attempt, prior to marriage, to arrange the consequences of marriage and/or its dissolution. Prenuptial agreements can include terms of maintenance, ownership and division of property, as well as testamentary provisions. However, for the prenuptial agreement to stand up in court post-marriage and dictate the terms of dissolution, it must be found valid.
General Validity of Prenuptial Agreements (more…)
As experienced divorce attorneys on Long Island, we know that after you and your spouse have made the decision to divorce, it is likely that you will have many conversations regarding important topics within your marriage, including property allocation, child support and custody, and spousal maintenance. In my many years of practice, I have found that, on some occasions, the finances of the couple jointly, and the parties individually, can be left out of those conversations. The topic of your finances is a vital component of your Long Island divorce, and needs to be addressed thoroughly in order to reach an equitable settlement for both of you. (more…)
For many Long Island couples, the issue of debt in your divorce can be a highly contentious topic. While married, you may not consider the ramifications of the $30,000 in credit card debt that was racked up to keep your family afloat. However, once the word “divorce” gets thrown around, that $30,000 is yet another hurdle to be dealt with.
Who is Responsible for Marital Debt?
As discussed in previous Paternity blog posts, on Long Island, New York there exists a presumption of legitimacy for children born “of the marriage.” This means that any child born by the wife during the marriage will be presumed to be the husband’s child. Recently, a New York court has extended that presumption to children born of a same-sex marriage.