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 […]
New York Governor David Paterson signed the new NY no fault divorce law into effect on Friday. The law will not take effect until October 14, 2010 which is 60 days after the Governor signed the bill into law. In the meantime, we have been getting numerous phone calls from New Yorkers who have been […]
If you need a prenuptial agreement, please do NOT make the mistake of trying to draft one on your own, downloading it off the internet or getting one from LegalZoom or the likes. These agreements will likely NOT be enforceable. The purpose of a prenup is to protect your assets and retain control over you […]
We have been receiving a ton of phone calls from people asking about the status of New York’s no fault divorce law. Right now the bill sits on Governor Paterson’s desk. He has voiced his support for the bill and stated that he intends to sign it. If he does not sign or veto it […]
Good news for those of you eagerly awaiting the result of what will happen regarding New York no fault divorce. Governor David Paterson has voiced his support for the no fault divorce bill and has declared that he intends to sign it into law. As you probably know, right now, New York is the only […]
The New York Times just recently published an op ed article that gave many a story of people staying separated, not pursuant to a separation agreement, rather than entering into a separation agreement or getting divorced. Pamela Paul, the author, relays story after story of the rich and famous people who have just physically separated […]
A New York prenup or pre-nuptial agreement is an agreement that sets forth the rights and expectations of the parties during the marriage, in the event of a divorce or upon the death of a party. Many people initially consider a prenup because they are concerned about a house they own or want to make […]
We get a lot of calls from people who think that they need to get legally separated for a year before the New York courts will grant them a divorce. This is not true. Although the New York State Legislature has passed a no-fault divorce law, it still is not law until the Governor signs […]
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