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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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Resources for Divorce in Abusive Relationships

Abuse is unfortunately all too common in marriages. According to statistics, 25% of women and 16% of men will experienced serious physical violence in an intimate relationship. Many more will suffer threats of physical violence, terrorism, and emotional abuse. If you are currently abused in your marriage, or if someone you care about is, realize that help is available. Seek an Order of Protection A protection order (also known as a “restraining order”) is a…

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Become More Financially Knowledgeable Using These Resources

Resources to Help You Improve Your Financial Literacy After a Divorce In the wake of any divorce, financial stability can be one of the toughest things to navigate. This is especially true if you have been financially dependent during the relationship—but it still can be challenging if you’re now responsible for alimony and child support. What does it look like to reset your money and your financial plan for life as a single person—or a…

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Why Divorce Is More Complicated for High Net Worth Individuals

Special Concerns for High Net Worth Individuals Up to now, we’ve addressed the ins and outs of divorce as it pertains to the average couple, and we’ve begun with the assumption of limited finances because that’s the experience for most divorcing couples. But what if the opposite is true? What are the particular issues in divorces where one or both spouses has a high net worth? How do you take steps to ensure a fair…

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How to Deal with Abuse Allegations

Divorce can get ugly. Not only are husband and wives scrambling to obtain child custody and marital property, but many are giving vent to frustration and outright fury. As a result, many ugly allegations get made during divorce—allegations that are false but which can severely damage someone’s reputation. If you are falsely accused of being abusive, then you must immediately swing into action. Find an experienced divorce attorney and begin building a case to show…

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Sharing Custody with a Hostile Ex-Spouse

New York allows parents to have joint custody of their children. Many people envision this arrangement as ideal, since each parent will be equally involved in their children’s lives. However, in practice, joint custody arrangements are often fraught with conflict—especially if you have a high-maintenance or hostile ex. To survive this arrangement, follow the tips below. Come Up with a Detailed Schedule Ideally, the judge approved a parenting plan that lays out in detail who…

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The 2018 Colwell Law Scholarship Winner

The 2018 Colwell Law Scholarship Winner The Colwell Law Group is pleased to announce Miss Alexandra Naughton as the winner of the The 2018 Single Parent Scholarship. We know the importance of education and are proud to offer this scholarship to someone who has shown such commitment to education. We extend to her our congratulations. Ms. Naughton has shown academic prowess, as a member of the Rotary You Club Leadership Academy, the National Honor Society,…

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What are My Rights as a Father?

New York law regarding fathers’ rights has changed dramatically. Not too long ago, judges automatically gave mothers custody and ordered fathers to pay child support and alimony. Today, courts treat mothers and fathers equally—in theory. However, we see far too many fathers not protect their rights during a divorce. Fathers Have a Right to Temporary or Permanent Custody As soon as someone files the divorce papers, a judge will award temporary custody of the children….

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Equitable Division of Property in a Divorce

How to Divide Property Equitably—What the Court Considers Deciding what to do about the marital home is just one aspect of the bigger question of how to divide your marital property in the divorce. If you and your ex are negotiating a no-fault divorce, you can work with your respective attorneys to iron out a settlement agreement that works for both of you. If it goes to litigation, however, the divorce court judge will ultimately…

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