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Separation vs. Divorce

Separation vs. Divorce, The Colwell Law Group, Albany, NY

Though you may hear the two terms used interchangeably, there is a big difference between separation and divorce from a legal perspective. Depending on which applies, you have a distinct status under New York’s divorce statute on separation and divorce. As such, there are certain pros and cons you should weigh when figuring out what works best for your situation. You can trust a knowledgeable New York divorce attorney to review your circumstances, assess your…

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Child Support Across State Lines

Under New York State law, parents have a legal obligation to provide support for children until they reach the age of 21 years. While this may seem a simple concept, disputes often arise over the amount of child support and how it relates to custody and visitation. At times, a parent may even need to pursue legal action to enforce a child support order. When parents live in different states, the situation can be even…

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Bankruptcy and Divorce

If your circumstances are such that you need to address both bankruptcy and divorce, you are probably feeling a little overwhelmed by your situation. Neither process is easy, so it is tough to be forced into these two types of proceedings at the same time. Federal bankruptcy laws are complex and the New York divorce statute is extremely detailed. Plus, emotional issues are part of any New York divorce, which can further complicate the financial…

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2018 Law Firm 500 Honoree

The Colwell Law Group, LLC is named a 2018 Law Firm 500 Honoree for Fastest Growing Law Firms in the U.S. Over the past 3-years, our team at the Colwell Law Group, LLC has been dedicated to providing excellence in customer service resulting in many happy clients. In doing so, our commitment and focus has taken us on a fabulous journey of growth – both personally and for our business. We are pleased to announce…

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Grandparents’ Rights

At the Colwell Law Group, we regularly hear from grandparents who are being denied visitation with their grandchildren. They are very upset, and they want to know what rights they have. The truth is that the law is very convoluted when it comes to grandparents’ rights. Although you might have the ability to obtain visitation, you will need an experienced family lawyer by your side to guide you through this process. Visitation Children benefit from…

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Qualified Domestic Relations Order

As part of a divorce, a New York judge will need to divide the assets a couple has accumulated while married. These assets can include retirement or pension savings, even if the account is in the name of only one spouse. Because some couples amass considerable sums in a 401(k) or pension, spouses cannot overlook them when deciding which property to ask for. You will need a qualified domestic relations order (QDRO) from a judge…

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What is Collaborative Divorce?

There is no law that says divorce must be acrimonious. Instead, many couples have found that taking a collaborative approach has worked best, ensuring that they remain on speaking terms after the divorce so that they can successfully co-parent. At the Colwell Law Group, we practice collaborative divorce, which might be an ideal option for you. To learn more, please contact us today. Collaborative Divorce Explained Collaborative divorce is an approach that emphasizes finding common…

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Implications of the New Tax Law on New York Spousal Support

It may only be September, but anyone considering or going through a divorce in New York should be very attentive regarding the countdown to December 31, 2018. Big changes are coming for tax laws as they pertain to spousal support in divorce cases and, as the New York Times suggests, you may want to hurry up in your efforts to get the process moving along. The details regarding tax deductions and alimony will depend on…

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The Danger of Infidelity During Divorce

Most divorces in New York are “no fault,” meaning the person filing for the divorce alleges that the marriage has irretrievably broken down. Instead of blaming either spouse, the court recognizes that the marriage cannot be saved. Fault grounds still exist in New York, though, with infidelity being one of them. If your spouse seeks divorce on the grounds of infidelity, you can fight it. Your spouse will need to prove that you have actually…

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Figuring Out Spousal Support in a Divorce

Spousal Support/Maintenance—How It Works and How to Secure the Support You Need Once you’ve ironed out equitable distribution of your marital assets and debts in your divorce, you still have to figure out the matter of income and ongoing support—both for you and any children you may have. Unfortunately, determining these amounts can get quite complicated here in New York, and for that reason, it frequently causes contention between divorcing spouses. While courts typically determine…

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