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Breaking Up Is Hard to Do

New York Family Law Blog

Divorce in the era of social media requires caution and restraint

Social media is a great way to stay in touch with friends, family and colleagues. It enables individuals to share news of their children’s milestones, their professional accomplishments, family trips, and gatherings with friends. This enables us to feel connected, especially if going through a challenging time. However, those who file for divorce need to be very careful about what they do, say and post online.

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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.

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The validity of a postnuptial agreement

If you are preparing a postnuptial agreement or you wonder whether an existing agreement is enforceable, it is vital to go over the validity of the agreement. Postnuptial agreements carry various benefits and help many married couples ease their concerns. However, some people are able to challenge these agreements, rendering them invalid.

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Expensive mistakes to avoid during your divorce

There are several financial elements of a divorce that you may not be able to avoid, like filing fees and refinancing your mortgage. However, the behavior of the spouses themselves can also have a tremendous impact on how much a divorce can ultimately cost.

In many cases, people can make serious errors during the process that ramp up the cost of divorce.

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Filling out your Statement of Net Worth for divorce

If you are approaching a divorce and you have a high net worth, there are various facets of ending your marriage you need to consider. From custody to financial matters, the way in which you approach this process will have a significant impact on your future. Moreover, you need to make sure you familiarize yourself with various financial topics that arise due to divorce, such as filling out a Statement of Net Worth form.

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Protecting inherited property from division in divorce

In divorce, it isn’t always easy to determine beforehand how property will be divided up. One of the reasons for this is that states have different rules regarding division. In addition, general rules pertaining to property division often have exceptions that can apply depending on the circumstances. Take property received by inheritance, for example.

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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 dividing your marital property will prove more challenging than you thought.

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How are retirement plans split during a divorce?

Splitting assets is hard enough during divorce. When it comes to retirement accounts like IRAs and 401(k)s, the problem becomes even more complex. Unlike other assets, special considerations must be made. There are a few methods to divide retirement accounts during a divorce. The following strategies are effective for many couples, and they might also be right for you.

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What are some signs of financial infidelity?

If you have a spouse who hides assets, spends money in secret and lies about it then he or she committed financial infidelity. This is especially problematic for couples with combined finances as one spouse can unknowingly be suffering from their partner’s financial mistakes for potentially months or years and may not figure it out until it is too late.

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Dividing business interests in a divorce can be a complex process

As a business owner on the cusp of divorce, determining how the entity figures into the settlement could cause more contention than all other assets combined. New York is an equitable division state, which typically means the property split, while fair, is rarely equal.

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