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Defining Separate vs. Marital Property in Equitable Distribution

Equitable distribution is the legal framework used to divide property during a divorce in New York. Only property that is deemed marital in nature is subject to division. Generally, marital property includes assets and debts acquired by either spouse or both during the marriage. Separate property consists of assets acquired before the marriage or after Read More

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What Are the Limits on a Custodial Parent Relocating With a Child?

People who divorce usually want to part ways and move on with their lives. However, this freedom is limited when minor children are involved. A custodial parent — the one with whom the child lives primarily — cannot deny the other parent their allowed parenting time with the child. This can be a point of Read More

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Tips for Getting Through a High-Conflict Divorce

Couples ending their marriage are usually well-advised to compromise and strike a fair deal to expedite the process, so that both parties can move on with their lives. However, some people treat divorce like a war, seemingly convinced that blaming the other spouse is the way to achieve a material benefit. Such behavior makes for Read More

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New Law Requires Domestic Violence Training for Child Custody Evaluators

Child custody and visitation can be among the most contentious and emotionally charged aspects of a divorce. Judges must decide these issues with a view to promoting the child’s best interests. In New York, judges routinely utilize appointed custody evaluators to help determine what is best for a child, especially as concerns protection from possible Read More

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