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Mediation Blog

Topic: Marital Property | 3 post(s).

January 3, 2018 - {4:06 minutes to read} “We don’t need to mediate–we agreed to everything already and just want you to write it up.” “We don’t have any assets, so we don’t have anything to talk about.” “We don’t need a separation agreement, we just want to get divorced.” Undoubtedly, as all mediators do, I’ve heard these statements, or variations on them, more often than I can count. It’s understandable, bu [...]

November 15, 2017 - {3:42 minutes to read} It’s perfectly normal for most married couples to live their lives without knowledge of the intricacies of separate and marital property in New York matrimonial law. Unfortunately, though, that lack of knowledge can lead to common and innocent “mistakes” and have unintended consequences under the law.Our Typical CouplesA couple maintains only joint accounts and holds all property with the other named on all assets. This has been w [...]

May 24, 2016 - {3:48 minutes to read} Courts are now required to consider the following factor, among many others, in making a maintenance award or determining if the statutory amount was unjust: “. . . the existence and duration of a pre-marital joint household or a pre-divorce separate household.” In English, this means that it is relevant to the Court if a couple lived together before they were married, or if they lived apart for a period of time before starting a divor [...]

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