New York Domestic Relations Law (DRL) §170 sets forth the legal grounds upon which a court may grant a judgment of divorce. Among these grounds is DRL §170(3), which permits a divorce based on cruel and inhuman treatment, and DRL §170(7), which authorizes a no-fault divorce based on the irretrievable breakdown of the marriage. Although both provisions allow a spouse to legally dissolve a marriage, they differ significantly in the evidence required, the complexity of the proce

A common question which people going through a divorce ask involves a pension plan. The person who has the pension wants to know what if any part of the pension is the other spouse entitled and conversely, the spouse that does not have the pension wants to know what if any portion of the pension are they entitled. The leading case in this area is Majauskas v. Majauskas. In Majauskas, the husband was a police officer and after ten years on the job, his pension rights veste

New York Domestic Relations Law (DRL) §170 establishes the legal grounds upon which a person may obtain a divorce. Among the seven recognized grounds, DRL §170(2), which addresses abandonment, and DRL §170(7), which provides for irretrievable breakdown of the marriage, are two commonly discussed provisions. While both permit a court to grant a divorce, they differ significantly in the proof required and the practical advantages they offer. DRL §170(2) allows a spouse to seek

When one spouse has his or her own business, the other spouse will usually have a concern that he/she will not be able to capture the actual income for support purposes. Without records and reliable tax returns figuring out a person’s true income can be challenging, however, there are procedures that can be taken to determine income for support purposes. Remember that you are the best source for this information because you have lived with your spouse and know your lifesty

New York Domestic Relations Law (DRL) § 170 sets forth the legal grounds upon which a spouse may obtain a divorce. Before 2010, New York required a party to establish one of several fault-based or separation-based grounds for divorce. The enactment of DRL § 170(7), commonly known as the "no-fault divorce" statute, significantly changed New York matrimonial law by allowing a divorce based on the irretrievable breakdown of the marriage. Although DRL § 170(1), which permits divo

A family court relocation case arises when a parent seeks to move with a child in a way that would substantially interfere with the other parent’s custody or parenting time. In New York, the court determines whether the proposed move is in the child’s best interests by considering factors such as the parent’s reason for relocating, the impact on the child’s relationship with the other parent, and the educational, financial, and emotional benefits of the move. The court also e

Annulments are usually sought for a short term marriage and when there are no children of the marriage. However, with the ability for people to obtain a divorce based on “no fault” grounds, or Domestic Relations Law (DRL)§170(7), annulments are less sought out. However, if you do wish to pursue an annulment, here is what you need to know. You cannot simply obtain an annulment even if you and your spouse agree to seek to annul your marriage. There are five grou

Dissipation of marital assets occurs when one spouse wastes, transfers, conceals, or improperly spends marital property for a purpose unrelated to the marriage. Common examples include excessive gambling, funding an extramarital affair, transferring money to relatives, selling property below market value, or making unusual withdrawals in anticipation of divorce. Ordinary household expenses and legitimate marital debts generally do not constitute dissipation. In New York, cour

It depends. Every Case Is Different. Search-and-seizure law is highly fact-specific. Small details—such as where the vehicle was located, what the officer observed, whether consent was given, or how an arrest occurred—can dramatically affect whether a search was constitutional. The most important thing to do when pulled over, is remain silent, cooperative, and allow us your attorneys to fight the search.

Once your divorce commences it may be uncomfortable living with your spouse. If you want to begin to live separately sit down and determine if this is realistic. Remember, if you live separately there will be double the living expenses. One person may have family and can temporarily move in which can help alleviate the cost. Ultimately, if there isn’t a voluntary move, it is hard to have one person move out. Before addressing the procedure for removing a spouse from the ma

If you or your spouse have a pension or other retirement benefits, a Domestic Relations Order (DRO) may be required to divide those assets after a divorce. A DRO is a court order that directs a retirement system to pay a former spouse the portion of retirement benefits awarded under the Judgment of Divorce or settlement agreement. For New York public retirement systems, such as police, fire, teacher, and state employee pensions, a DRO (not a Qualified Domestic Relations Order

If you are contemplating divorce, you should be aware that the filing of a divorce triggers certain financial cut off dates. When determining marital property, the court will consider two specific dates. The first date is the date of your marriage, and the second date is the date of the commencement for your divorce action. Any acquired property during these two dates, unless it falls under limited exceptions for separate property which is not comingled such as inheritance,

If you have been unlawfully arrested or any of your constitutional rights have been violated while under arrest you are entitled to file a civil suit to recover damages. Pursuant to General Municipal Law §50-e The first step in a civil suit filed against New York State, local government, school districts and/or local law enforcement, for monetary damages must file a notice of claim within 90 days of the alleged misconduct or negligence and at least 30 days must elapse before

In 1989, New York passed the Child Support Standards Act (CSSA). The main purpose of this legislation was to establish minimum and meaningful standards of obligations on the premise that both parents share the responsibilities for child support. The CSSA brings a sense of uniformity and predictability with child support. Child support can generally be defined as the amount of money to be paid for the care, maintenance and education of an un-emancipated child. New York de

Family dynamics, especially post-divorce, can be complicated at the best of times. Unfortunately, there are instances where, post-divorce, the relationship between a child of the marriage and a parent, usually the non-custodial parent completely breaks down. The non-custodial parent is the parent who is not the residential parent for purposes of child support and is the parent the child or children do not live with for the majority of the time. In New York, unless stipula

Upon commencement of an action for divorce, when the “non-monied” spouse is in need of support he/she may be forced to file a pendente lite motion with the Court. Said motion seeks temporary monetary relief pending your litigation. Typically, one asks for temporary maintenance, temporary child support and attorney’s fees. Domestic Relations Law §236(B)(5-a) sets forth the formulas in which the Court uses to determine the presumptive temporary maintenance award. When dete

Many people mistakenly believe that prenuptial agreements are only for the wealthy. In reality, a properly drafted prenuptial agreement can benefit all couples by providing clarity and financial security before marriage. In New York, a prenup can define how assets and debts will be divided in the event of a divorce, helping to avoid costly and contentious litigation. It can also protect separate property, family businesses, inheritances, and other assets acquired before the m

You are contemplating moving but are either in the middle of a divorce or just signed your Stipulation of Settlement. Are you permitted to move? If there are no children from the marriage, then you can move wherever you wish. If you have children, the answer depends on the circumstances. Both parents are to spend meaningful time with the children. Having meaningful time with your children requires both parties to live relatively close to each other. The question then beco

In a New York divorce or custody case, supervised visitation is a parenting arrangement where a parent may spend time with their child only in the presence of a neutral third party. Courts typically order supervised visitation when there are concerns about a child’s safety, well-being, or emotional health, such as allegations of abuse, neglect, substance abuse, mental health issues, or a prolonged absence from the child’s life. The purpose is not to punish a parent, but to al

Domestic Relations Law § 236, Part B, Section 2 govern Automatic Orders in Matrimonial Actions. DRL § 236, Part B, Section 2 automatic orders are: Neither party shall sell, transfer, encumber, conceal, assign, remove or in any way dispose of, without the consent of the other party in writing, or by order of the court, any property (including, but not limited to, real estate, personal property, cash accounts, stocks, mutual funds, bank accounts, cars and boats) individually or