Divorce is a legal action that ends or dissolves a marriage. In New York State, you must have “grounds,” or a legally acceptable reason, for divorce.
Grounds for Divorce
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Child Custody
Advantages of Divorce Mediation
Going through a major life event such as divorce is a significant and stressful experience. It’s not only emotionally devastating and can make you feel out of control, but the divorce process itself can be long, drawn-out and destructive to everyone involved, including your children. Divorce mediation offers a way to regain that sense of control, as well as many additional benefits when compared to a typical, lawyer-driven divorce. Follow the link to see the five biggest advantages to choosing divorce mediation.
Divorce Mediation Myths
Despite being a process that is quite possibly thousands of years old and been in use in its modern form for decades, mediation is still a mystery to many and often has many misconceptions associated with it. Divorce mediation is of course no different. Below are some of the most common divorce mediation myths debunked.
My Two-House, Duffel-Bag Life
When my parents divorced, I lost the link that held our family together. And then I found it.
By Natalie Muñoz
How will our assets and debts be divided?
When couples marry, they merge their lives, and this most often involves a merging of finances and possessions as well. Therefore, it follows that upon dissolution of the marriage, all assets will need to be redistributed back to the two individuals and all debts will...
If I move out, is that considered abandonment?
Defining Abandonment “Abandonment” is a term that often causes confusion and worry in the context of a divorce. It’s important to be clear on what constitutes abandonment if you are considering moving out of your marital home or if your spouse has left. In New York...
Parental Alienation
When I first met Alison, I was a recently separated father experiencing parental alienation and was having limited access to my child despite my requests to the mother. Alison explained to me that what I was experiencing was not...
What is the difference between custody and visitation?
Parents beginning the divorce process have many factors to consider when it comes to the future well-being of their child. Typically, both parents want to have as much time as possible with their child. It can be possible for divorcing spouses to work out arrangements...
What happens if my spouse and I can’t agree on child support or child custody?
In an ideal world, you and your spouse will agree to the terms of your legal separation or divorce. This is often not the case, though, when both parties are looking to protect their rights and assets as best they can. If you and your spouse can’t come to an agreement...
Confidence in the Face of Uncertainty
The following is a client-submitted testimonial... Alison helped me get my kids back in my life! I had an order of protection against me that didn’t allow me to see my kids for 3 months. Due to covid, the courts were not taking these cases… it was torture. Honestly,...
Family Law Blog
What is a Note of Issue?
A Note of Issue is a legal document that, when filed with the court, informs the court that the case is ready for the next step. In an uncontested divorce, the Note of Issue informs the court that either through default or settlement the matter can now proceed to ...
Dividing Retirement Assets
In New York State, all marital property is subject to the state’s Equitable Distribution Law. This includes, but is not limited to, assets such as real property, personal property, checking/savings accounts, and of course retirement accounts. Traditional/Roth IRAs, 401(k)s, 403(b)s, and 457(b)s are the types that most often come to mind and frequently are the simplest to deal with. Another type of retirement account that is waning in popularity and sometimes overlooked, but potentially holds the greatest value, is a pension.
Pensions and Divorce
In New York State, all marital property is subject to the state’s Equitable Distribution Law. This includes, but is not limited to, assets such as real property, personal property, checking/savings accounts, and of course retirement accounts. Traditional/Roth IRAs, 401(k)s, 403(b)s, and 457(b)s are the types that most often come to mind and frequently are the simplest to deal with. Another type of retirement account that is waning in popularity and sometimes overlooked, but potentially holds the greatest value, is a pension.
Grounds for Divorce
Divorce is a legal action that ends or dissolves a marriage. In New York State, you must have “grounds,” or a legally acceptable reason, for divorce.
Advantages of Divorce Mediation
Going through a major life event such as divorce is a significant and stressful experience. It’s not only emotionally devastating and can make you feel out of control, but the divorce process itself can be long, drawn-out and destructive to everyone involved, including your children. Divorce mediation offers a way to regain that sense of control, as well as many additional benefits when compared to a typical, lawyer-driven divorce. Follow the link to see the five biggest advantages to choosing divorce mediation.
Divorce Mediation Myths
Despite being a process that is quite possibly thousands of years old and been in use in its modern form for decades, mediation is still a mystery to many and often has many misconceptions associated with it. Divorce mediation is of course no different. Below are some of the most common divorce mediation myths debunked.
Dear Rochester, Retire Well Podcast
In this episode, David Pulcini welcomes guest Alison Bates, a matrimonial and family law attorney at Bates Family Law, P.C. Together, they discuss the financial and legal considerations that come with the divorce process and answer frequently asked divorce questions.
My Two-House, Duffel-Bag Life
When my parents divorced, I lost the link that held our family together. And then I found it.
By Natalie Muñoz
What is Discovery?
In any type of legal proceeding, discovery is the most important part of the case. Discovery is the process of gathering information and documents relative to each party’s position in the case. Without discovery, an attorney cannot negotiate settlement terms or ...
What is a Request for Judicial Intervention (RJI)?
Every divorce case will require a judge’s involvement at some point in the matter. The judge’s involvement may be required to resolve disputes during the pendency of the case or at the end to sign off on your divorce. The only way to get a judge assigned in your ...
How will our assets and debts be divided?
When couples marry, they merge their lives, and this most often involves a merging of finances and possessions as well. Therefore, it follows that upon dissolution of the marriage, all assets will need to be redistributed back to the two individuals and ...
If I move out, is that considered abandonment?
Defining Abandonment
“Abandonment” is a term that often causes confusion and worry in the context of a divorce. It’s important to be clear on what constitutes abandonment if you are considering moving out of your marital home or if your spouse has ...
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