How New York’s Recognition of a Marriage Impacts Divorce

Generally speaking New York does not recognize marriages that are not legally solemnized. The parties generally must have obtained a marriage license from New York County Clerk and participated in a marriage ceremony performed by a licensed officiant. How does this effect Divorce? Parties who are not legally married cannot get a divorce in NewContinue reading “How New York’s Recognition of a Marriage Impacts Divorce”

What are the limits on collecting child support in New York?

What are the limits on collecting child support in New York which is past due and how far in the future does child support continue? Can add-ons be collected in the same way? Here is an overview of the limitations of collecting child support in New York. Generally, child support may start from when theContinue reading “What are the limits on collecting child support in New York?”

Adultery and Other Grounds in a New York Divorce

The concept of ‘no fault divorce’ is so common that litigants may not be aware that certain states still allow a spouse to file a divorce based on fault. No fault divorce only became widespread law in the 1980s after President Reagan signed it into law. Before then, most parties had to prove a groundsContinue reading “Adultery and Other Grounds in a New York Divorce”

When Can A New York Prenuptial Agreement Be Overturned?

Generally correctly drafted and executed prenuptial agreements do hold up in New York Courts. However, there are ways to attack a prenuptial agreement in order to keep it from being enforced. The avenue to do so is typically at early stage motion practice and negotiation of a resolution of the case. Which is why itContinue reading “When Can A New York Prenuptial Agreement Be Overturned?”