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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 […]

Strategies for Contesting Domestic Violence Charges

Domestic violence refers to emotional, physical, psychological or economic abuse between family members, those sharing a home or people in intimate relationships. There is no specific crime called domestic violence under New York law. Rather, these types of conduct are prosecuted as other crimes — such as assault, menacing, stalking or strangulation — and are […]

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 […]

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