A question that arises is whether the marital residence or other properties can be sold during the pendency of the divorce.  The Automatic Restraining Orders (DRL 236) are effective upon the commencement of the action.  This prevents the sale or transfer of the premises until the divorce is finalized.  The Automatic Orders apply regardless of... Read More

I am asked about this topic when persons in a relationship are cohabitating and may have children in common.  However, there is no common law marriage in New York. When the parents are not legally married, the proper venue for issues involving child custody, visitation and support is family court.  Real estate and other financial... Read More

I am often asked what an annulment is.  Like a divorce, a legal (or civil) annulment ends a marriage.  The spouse seeking the annulment must demonstrate a statutory ground upon which the court will grant the annulment.  If proven, the marriage is void by court order.   One possible ground for obtaining an annulment is... Read More

A question that arises is what to do if the other spouse cannot be located for purposes of obtaining a divorce.  In general, the other spouse must be personally served with the initiating papers upon commencement of the action.  The other spouse or their attorney can also accept service voluntarily. However, it is not always... Read More

I am asked whether a divorce can be filed without first being legally separated.  The answer is yes.   Fortunately, there is no requirement for a legal separation prior to filing for divorce.  Although legal separation is still a ground for divorce, the action can be commenced pursuant to no fault or other grounds. Some... Read More

I am frequently asked what a legal separation is.  It goes beyond just living apart which is a physical separation.  A legal separation is a written agreement in proper format that is filed with the court.  During the separation, either spouse can be covered on the other’s health insurance.  The agreement can later be converted... Read More

A question that arises is how long it will take to obtain the divorce.  Simply put, each case is different.  If the parties agree to the terms, then the matter can be resolved more quickly.  Settlement is voluntary in nature.   Your case may need some time and negotiation to reach an amicable resolution.  Disputes... Read More