family law

Property Distribution NY

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,…

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Prenuptial Agreement NY

Prenuptial agreement in NY

Is a Prenup the Right Thing for You? Unfortunately, there are a lot of misconceptions and misunderstandings about prenuptial agreements. For many couples, prenups can be useful. They provide real benefits, important clarity, and help to facilitate open and healthy communication. At the same time, prenups also carry a certain stigma, which makes many people inherently resistant to signing one. However, there is strong evidence that the stigma is changing. Recently, the American Academy of…

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Divorce Finances

Financially Preparing for a Divorce A divorce is one of the most emotional events a person will go through. It’s also one of the most costly.  The average cost of a divorce ranges from $15,000 to $30,000. Given that this such a huge number, it’s a good idea to prepare for a divorce ahead of time. If you think you might be ending your marriage soon, now’s a good time to start saving up. Before…

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Grandparent’s Visitation 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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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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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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Restraining Orders and Family Law

When domestic violence is present in a relationship, or threats of violence have been made, a restraining order may be necessary to protect all parties involved. Often, the need for a restraining order presents itself during a breakup or divorce, when tensions are at an all-time high. A restraining order, also called a protective order, can affect family law proceedings in a number of ways. This post covers how orders of protection may impact legal…

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Recognizing Domestic Violence

Domestic violence happens everyday in the Albany area. Unfortunately, we often do not see the signs that a family member, friend, or neighbor is the victim of domestic violence. Indeed, there are many victims who are not fully conscious of their own abuse. Victims frequently use denial as a coping mechanism–i.e., they try to convince themselves that the abuse is imaginary or somehow their fault. But domestic violence rarely goes away without intervention. If you…

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