While every divorce does have to go through court, spouses don't have to argue in litigated proceedings. There are multiple approaches to modern divorce, with four systems being the most common. Litigation is one of those options. The others are mediation, negotiation...
Breaking Up Is Hard To Do
Family Law
Potential benefits of a prenuptial agreement
Planning a wedding can be exciting and tends to take up much of the attention of couples. However, it is also important to plan for what will happen if the marriage does not work out. Having a prenuptial agreement is one way to clarify how property will be divided in...
Can I evict my spouse from our marital home during divorce?
Once you have decided to go your separate ways from your spouse, you may want to begin your separate lives as soon as possible. This can lead many to wonder whether they can evict their spouse from the home they have shared. Can I remove my spouse from our home? New...
What makes property division harder for same-sex couples?
Due to the landmark Obergefell v. Hodges decision by the Supreme Court, same-sex couples have the right to marry. With the right of marriage also comes the right to end it. While you may expect your same-sex divorce to go off just like other divorces, you may find...
Divorce and your estate plan
If you are approaching or in the midst of a divorce, you know how hard it can be to figure out how to split assets with your spouse. At this time, it is essential that you seek a divorce agreement that protects your financial future and the financial future of your...
Can spouses revoke a prenuptial agreement after marriage?
Prenuptial agreements help couples determine what will happen to the parties' assets in the event of a divorce or a spouse's death. According to an article in Business Insider, there is an increase in the number of prenup agreement requests among Millennials....
Custody and visitation rights for same-sex couples during divorce
If you are a same-sex couple going through a divorce with children, you may have questions about who has custody or visitation rights. The fear that you may not be able to see your children as a nonbiological parent is a real concern that many same-sex couples deal...
Do you need a postnuptial agreement?
In New York, prenuptial agreements between spouses are common. This is a great way to protect your assets and wealth. However, postnuptial agreements may also be an option for you. A postnuptial agreement, as explained by FindLaw, differs from a prenuptial agreement...
Postnuptial agreements and spousal debt
A New York resident seeking to get married probably does not want to marry the debt carried by a new partner. Some people worry that if they divorce a spouse with debt, they will be on the hook for some of that debt as well. Still, in the event a person does marry a...
A postnuptial agreement can save your business
If you are a New York resident in a second or third marriage, revisiting your estate strategy may be beneficial. Unlike most first marriages, subsequent unions may include significant asset accumulation. At Adria S. Hillman, Attorney at Law, P.C., we often help...