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Category Archives: Family Law News

TOP 5 MISCONCEPTIONS ABOUT DIVORCE IN NY

In many cases, especially in situations where there are allegations of abuse or neglect, one party may feel it is necessary to leave the marital home prior to commencing an action in court.  Leaving does not affect your entitlement to an equitable division of the marital assets, including any real property. However, if there are children involved, it may affect future custody decisions, especially if you are leaving the children in the custody of the other party.
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New York is an equitable division state, not a community property state.

When couples contemplate divorce, they tend to believe everything gets spilt 50/50. NY is a equitable division state, meaning that you are entitled to an equitable division of the assets, not necessarily half of everything you own with your spouse.  This could mean you leave the marriage with more than half of the assets, or less than half, depending on the circumstances of how and when you acquired the property at issue.
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Temporary Spousal Maintenance Guidelines Calculator

New York State has officially passed a new formula for calculating temporary maintenance (formerly known as “alimony”) during the pendency of divorce.  This new calculation officially took effect October 25 of this year.  All cases going forward will be subject to this new formula, so it is important you become familiar with the calculations, or have an attorney who is.
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Sound Judgment & Family Law Matters

When people think of major life-changing events, they do not usually include divorce among them. Yet, few events have greater impact on one’s day-to-day life, and few have consequences that stretch further into the future. At Spar & Bernstein, our Family Law Matters provide the steady representation people so sorely need at such an emotionally charged time, especially since divorce is usually multidimensional. There is more to family law than just divorce, and our lawyers regularly represent clients in the full range of custody, child support, spousal abuse, property, and other matters. Our aim is not simply to settle, but to negotiate aggressively to arrive at the best possible agreement—an agreement our client can comfortably live with going forward.
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