What is a Motion? A motion is an application or request to the Court, to grant interim relief, usually made during the pendency of an action. Sometimes we call them applications for pendente lite relief.
There are generally two types of divorce available in most states: contested and uncontested. A “contested divorce” means that the spouses don’t agree on some or all aspects of the divorce so that a judge must hold a trial, hear witness testimony, and make decisions about who “wins” and who
Overview Divorce laws are different in every country and they may vary depending on regional, state or provincial laws, and even further on local customs, cultures and religion. With this complete lack of uniformity, should US courts recognize foreign divorces? What happens when a New York resident gets divorced in a foreign country?
Overview of Annulment Like a traditional divorce, an annulment ends a marriage. However, an annulment is a legal proceeding that goes further by declaring a marriage invalid or void through a court order. It’s as if the marriage never happened. Some individuals may want an annulment in order to avoid any stigma they believe is associated with divorce.
In a New York divorce case, the court will decide whether either spouse is entitled to spousal maintenance (sometimes referred to as alimony). As marriages have become more modern, and moved away from the traditional model of a working husband and stay-at-home wife, New York law has also changed.
Relocating will surely change a child's relationship to each parent and possibly to extended family, friends, school, and community. Thus, New York courts review relocation cases very carefully to make sure that the child's best interests will be served by the move.
When couples divorce in New York, the court will divide marital property and debt by using an equitable distribution method. Equitable distribution requires judges to split the marital estate in a way that's fair to both spouses, but that doesn't always mean it's a 50/50 split.
If you're getting divorced in New York, do you know what property you get to keep and what you have to split with your spouse? You may also have questions about who will be responsible for the marital debt.
What are the Grounds for a Divorce in New York? New York recognizes both “fault” and “no-fault” grounds for divorce. In a “fault” divorce, one spouse will claim that the other spouse engaged in some misconduct, which led to the divorce. The fault grounds in New York include the following: