Many clients first question when it comes to prenuptial agreement is how to approach or broach the subject with their fiance. Depending on your specific situation, my advice might be slightly different but there are some overarching principles: A. Basically the idea is to discuss your and your fiance’s concerns directly, honestly, and openly. Examples […]
If you and your spouse can agree upon the key factors dealt with in divorce, then you can get a New York uncontested divorce. The New York uncontested divorce process does not require court appearances, so you will not have to go to court. Basically, once you retain our law firm to represent you in […]
There has been a growing trend among married couples nationwide, and especially in New York State, to enter into post-nuptial (postnup) or inter-nuptial agreements. Mid-marriage agreements have exploded in the past five years by a factor of ten. There are many reasons why we have seen an increase in the number of postnups: You may […]
New York law permits express Cohabitation Agreements for both heterosexual unmarried couples and same sex couples. Unmarried couples, or same sex couples who still are refused marital benefits under New York law, need Cohabitation Agreements more than married couples need pre-nuptial or post-nuptial agreements. Unmarried couples, whether of the same or opposite sex, have no […]
New York’s new no-fault divorce law revolutionizes NYS divorce law by now allowing couples to get divorced for the simple fact that their marriage is no longer working. Before this new law, just recently passed by the NYS legislature and signed into law by Governor David Paterson, couple had to prove fault grounds in order […]
In the last 20 years the number of prenuptial agreements nationwide has increased by a factor of 5 (or by 500 percent). This figure is probably higher in New York State. A. The national divorce rate is over 50 percent overall and significantly higher for remarriages. According to studies, 70 percent of divorces occur over […]
New York was the last state in the nation to adopt a no-fault divorce law. Prior to a couple of days ago, you would have to prove fault grounds to get a divorce. In other words, you used to have to accuse your spouse of abandonment, sexual abandonment, adultery, or cruel and inhuman treatment to […]
If you have marital assets to divide in a divorce I recommend that you attempt to first negotiate, mediate or agree amongst yourselves regarding the division of those assets rather than attempt to litigate. Many divorce lawyers push their clients towards contested divorce because it makes them money. I have the opposite approach. I try […]
Yes, is the short answer. New York law requires that your spouse be put on notice, meaning be made aware of, that a divorce action is pending against them. This can be achieved by legal service of process which is just a fancy way of saying that we gave your spouse a Summons with Notice […]
I have been asked “What the point of separation agreements are in light of the new New York no fault divorce law?” Although couples will no longer need to live separate and apart in accordance with the terms of a separation agreement to get a no fault divorce, separation agreements still have a lot of […]
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