Marital property is defined as assets that were acquired during the marriage. This includes real estate and the associated mortgage.

Unlike other marital assets, Social Security payments are a federal benefit that is governed by federal law, not New York.

Direct division of a life insurance policy is unusual. Instead, the value of the policy is considered part of the total marital estate.

An inheritance that is received by one spouse, either before or during the marriage, is considered separate property in New York.

When a couple gets divorced in NY, the court will divide all marital property, including debts, fairly...but not necessarily equally.

Once the judge signs the divorce decree, the divorce is finalized. There is not much to do at that point to avoid any court issues.

A divorce decree is a legal document that a judge signs. The decree includes all of the terms of the divorce settlement.

To obtain a copy of the associated divorce decree, a visit to the County Clerk’s office where the divorce was filed is usually required.

In New York, when a party violates a divorce decree, doing so can result in severe penalties, including fines and jail time.

If you are unable to locate your spouse after searching diligently and wish to seek a divorce, you may be able to divorce by publication.

Uncontested divorces are the fastest way to get divorced in New York. How long do they take? That depends on the specific circumstances.

Some factors impacting and complicating a military divorce timeline are residency requirements, asset division, and military obligations. 

A contested divorce occurs when both parties cannot successfully negotiate the settlement terms without the assistance of a mediator.

The length of the process focuses more on the issues involved, how cooperative the parties are, and how easily they can reach an agreement.

To learn about access to 401k after a divorce one needs to know about NY’s equitable distribution laws and how courts handle marital assets.

The law states that military pension benefits may be considered shared marital property and a former spouse is entitled to those benefits.

The article below will outline the qualified domestic relations order to obtain part of your former spouse’s 401k in the state of New York.

Dividing retirement accounts is not the only solution, especially if one spouse can offset other assets to avoid having to pay taxes.

The article below will outline the possibilities of how a 401(K) could be distributed between former spouses in the state of New York.

This blog post provides more information about the timelines and legal requirements individuals must comply with after being served in NY.