Tag Archives: divorce
How Domestic Violence Can Affect Property Division in a Divorce
Gone are the days in New York when one spouse needed to show the other’s wrongdoing in order to obtain a divorce. Nowadays, divorces are typically granted on no-fault grounds, namely an irretrievable breakdown in the marriage. However, that doesn’t mean fault is wholly irrelevant. One spouse’s mistreatment of the other can affect the way […]
Splitting Business Interests When You Split with Your Spouse
If you own all or part of a business enterprise and you’re getting divorced, your stake in the company may be not be yours to keep. Your spouse may be entitled to an equitable share of your ownership, even if he or she played no part in acquiring or running the business. The key question […]
New Law Requires NY Judges to Consider Pets’ “Best Interests” in Deciding on Possession
New York has recently passed a law that greatly affects how household pets are treated in divorce cases. Judges are now required “to consider the best interest of a companion animal” in deciding which of the divorcing spouse takes possession. This is a significant development in New York domestic relations law and might be an […]
How Does a Spouse’s Wasting of Marital Assets Affect a Divorce?
When it comes to dividing property in a divorce, New York is an equitable distribution state. Most of the assets and debts acquired by either spouse during the marriage are considered marital property and are divided fairly, though not necessarily equally. The judge will take various factors into consideration in making an equitable distribution, such […]
N.Y. Legislature Mulls Bill to Establish Presumption of Shared Parenting
If you’re considering a divorce and you have minor children, it’s understandable that you might be nervous about what to expect when it comes to child custody. Under current New York law, judges apply a range of criteria to determine whether custody should be granted principally to one parent, which would leave the other parent […]
New York Adds Domestic Violence as a Factor to Consider in Equitable Distribution
New York State divorce courts now weigh domestic violence as a factor when making decisions about how to divide property among the spouses. Under a revised statute that took effect in 2020, courts must now consider “whether either party has committed an act or acts of domestic violence … against the other party and the […]
