Getting divorced can be a very complex process. Divorce may involve the division of assets as well as custody negotiations. Today, custodial disputes over pets are also very common. In five years, the number of divorce cases involving a dispute over pets increased by 27 percent, according to the American Academy of Matrimonial Lawyers. Among these cases were disputes over animals such as dogs, cats, snakes, and parrots, among others.
Category: Divorce Law
Equitable Distribution
In New York State, the law provides for an “equitable distribution” of assets and liabilities that were accumulated throughout the duration of a marriage. The majority of the accumulated assets obtained during the marriage are considered to be marital with a few exceptions. The first step in determining equitable distribution is to evaluate the total assets and liabilities. If an individual is considering filing for divorce, it is important that he or she determines what constitutes marital and separate property as early as possible.
Filing Taxes While Going Through a Divorce
When individuals are in the middle of their divorce proceedings, filing taxes may be the last thing on their minds. However, many who are in the midst of a legal divorce may have similar concerns when it comes to how they file their taxes. Do I file jointly or separately from my spouse? If we file jointly, how should the refund be paid to each party?
Continue reading “Filing Taxes While Going Through a Divorce”
2016 Provided for Many Changes in New York State Matrimonial Matters
Over the last two years, New York State has enacted new legislation, forms, and rules aimed at providing more efficient and effective adjudication of matrimonial matters. Parties of matrimonial actions in New York Supreme Courts now have a greater access to legal services and more protection of confidential information. In 2016, the changes accounted for a significant change in the process and the practice of matrimonial law in the state.
Continue reading “2016 Provided for Many Changes in New York State Matrimonial Matters”
Historic ruling allows wife to serve divorce papers through Facebook
Sometimes an individual seeking a divorce has trouble serving their spouse with divorce papers. A Manhattan Supreme Court has ruled that Facebook may be used to serve a spouse via private message.
Continue reading “Historic ruling allows wife to serve divorce papers through Facebook”
What Is the Difference Between a Contested and an Uncontested Divorce?
A divorce is considered contested if either you or your spouse do not want a divorce, disagree about the legal grounds for the divorce, or disagree about what will happen with your children, your finances, or your property after the divorce.
Contested divorces generally necessitate the court to decide issues that you and your spouse disagree about. Because the judge presiding over your case will require detailed information to decide the issues you disagree about, your contested divorce will require you and your spouse to go to Court numerous times. A contested divorce can be very expensive because attorneys are typically paid by the hour. In addition, these types of divorces can be very stressful for the parties involved, and the process can take months or even years to resolve.
Conversely, a divorce is considered uncontested if two factors are met. First, you and your spouse both want to get a divorce. Second, both you and your spouse agree about what will happen with your children, your finances, and your property after divorce.
An uncontested divorce provides a few advantages. An uncontested divorce is relatively inexpensive, less stressful on the parties, and typically can be resolved within several months. Continue reading “What Is the Difference Between a Contested and an Uncontested Divorce?”