The property division process that you’ll have to navigate in your divorce can be stressful. If you don’t aquire your fair share of the marital estate, then you can be at a significant disadvantage heading into the next chapter of your life. Fortunately, New York law requires equitable division of marital assets, meaning that those assets should be divided in… The post How to handle a family business in a New York divorce first appeared on The Pappalardo Law Group PLLC ..read more

Property division is often one of the most challenging aspects of divorce. New York follows an equitable distribution model when dividing marital property in divorce. This generally means that marital property is divided fairly. This does not always mean divided equally, but rather, divided in an overall manner that achieves the fairest outcome for both spouses. Marital and separate property Before property can be divided equitably, it must be classified as marital or separate property. Marital property is property acquired by you and your spouse during the marriage, except for gifts or inheri ..read more

Although custody orders are meant to be permanent, realistically, they rarely are. Change happens in life, and sometimes one parent may want to relocate with the child. Depending on the distance and reasons for the move, you might be opposed to it. Most relocations of a significant distance will involve a modification of the custody order. If you are the parent who is not moving, you may oppose the move because you do not want to miss out on time with your child. Perhaps you have shared custody and this will no longer be possible because of the distance. What can you do? Some relocations requi ..read more

Raising a child with someone you are divorced or separated from is challenging. You may believe that co-parenting will get easier as your child gets older but sometimes it brings its own new set of challenges. For example, your child might start to express a preference for living with one parent over the other. They may even become demanding or rebellious, believing that they are old enough to choose where they want to live. This can be difficult to handle, especially if you have questions about what the law says regarding a child choosing their custody schedule. Like many states, New York cou ..read more

Divorce is never an easy process, even when you have a decent relationship with your spouse. Even simple divorces often involve complex feelings, so complicated divorces, such as high asset divorces, can be even more overwhelming. A high asset divorce is generally considered to be a divorce involving over one million dollars in assets, although in today’s world, that number is steadily increasing. What makes a high asset divorce different There are several characteristics of a high asset divorce that make the process more complicated. High asset divorces usually involve a wide variety of asset ..read more

Dividing marital property is never easy in divorce, but some types of property create more challenges than others. Near the top of the list are businesses. When a family business is part of the marital property, the spouses must go through some complicated negotiations and tough choices. Is the business part of the marital property? The first step of the process is to determine whether the business must be counted as part of the marital property. The answer isn’t always obvious. Generally, anything one spouse owned before the marriage will remain their separate property in divorce, and therefo ..read more

When it comes to divorce, New York is an equitable distribution state. This means that marital assets have to be divided fairly, although this oftentimes doesn’t equate to an equal division. This can make the process complicated, especially when a business is involved. Although the difficulties that arise with property division in these circumstance might tempt you to shut down and let the process simply run its course, doing so can leave you at a financial disadvantage post-divorce. Therefore, as you prepare to head into your divorce, whether it’ll include settlement talks or contentious liti ..read more

There’s a good chance that your marriage dissolution is going to be the biggest financial transaction that you engage in during your lifetime. A lifetime’s worth of wealth may be subject to division, and you might be on course to argue the merits of alimony and child support. With so much on the line, you need to know what you’re getting yourself into and how to effectively develop legal arguments that position you for success. Your first stop is understanding how property is divided in New York divorces. So, let’s take a closer look at how state law will apply to your set of circumstances. A ..read more

There’s a lot at stake in a custody dispute. While you and your child’s other parent might attack each other over what you each think is best for your kid, your relationship with you child might be thrown into jeopardy, too. The amount of time that you get to spend with them might also be at risk. The court will issue a custody ruling that it thinks is in the child’s best interests if you and the other parent can’t come to a custody agreement, but the matter might not be fully resolved at that time. This is because life changes. And as circumstances change, you should reconsider your child cus ..read more

Regardless of whether your existing child custody order was fought over in court or agreed to through settlement negotiations, there may come a time when you feel that the terms of that order are no longer appropriate. You might feel that your child’s safety and well-being is at risk, or that their best interests simply aren’t being as fully supported as they could be. In these situations, you might consider seeking a custody modification. But before you take the plunge and file a motion with the court requesting as much, you need to make sure that you have the evidence needed to support your ..read more