Thinking about divorce might bring up a lot of questions. One of them could be whether the highest court in the country can actually stop one. Let's break down how the Supreme Court fits into the divorce process. Supreme Court's role in divorce cases The U.S. Supreme...
Jurisdiction in New York divorce Cases
When considering divorce in New York, knowing which court handles your case is essential. The Supreme Court and Family Court play significant roles but have distinct jurisdictions. You will file your divorce in the Supreme Court, the only court in New York that...
Is an uncontested divorce an option for you?
Ending a marriage brings heavy emotions and tough decisions, but you don't need to face a long, draining court battle. If you and your spouse can talk openly and find agreement, an uncontested divorce offers a gentler path forward. With the proper guidance and...
How to protect your finances during a gray divorce
Ending a marriage after 50 brings unique financial challenges, especially in an expensive state like New York. While younger couples still have years to rebuild their wealth, divorcing later in life leaves you less time to recover financially. Even if you live...
Temporary orders: What role can they play in your divorce?
Going through a divorce can make you feel like you are losing control, especially at the very beginning. However, if it is necessary to get divorced, then you will likely encounter an implementation of temporary orders. Let us dive into how these orders function...
What is asset commingling and how does it impact your divorce?
Property division could be one of the most complex and contentious issues you may face during a divorce. One factor that could significantly complicate this process is asset commingling. But what exactly is commingling, and how might it affect your divorce settlement?...
When does inheritance become marital property in NY?
When you inherit something, you might assume it belongs solely to you. Generally, New York law treats inheritances, like gifts, as separate property. However, divorce can complicate this assumption. If you haven't kept your inheritance completely separate from marital...
How to address financial entanglements in high-stakes divorces
When couples choose to end their marriage, they will have to disentangle their financial connections. This process is especially complex in cases involving substantial assets or debts. If you find yourself in this situation in New York, understanding the basics can...
Determining your share of the pension during divorce
The New York Supreme Court considers retirement plans and pension benefits as marital property. As such, these accounts are subject to the state’s equitable division laws when you file for divorce. Courts divide the retirement assets fairly between you and your spouse...
How constitutional issues may affect your divorce
Most people often see divorce as personal, but it can also involve constitutional law. When constitutional questions come up in divorce cases, they can have significant effects on everyone involved. Here, we look at critical constitutional issues that might arise...