Divorce

Prenuptial agreements – also called prenups – can be an extremely useful tool prior to a couple getting married. A prenup is a written contract between spouses that outlines how assets and marital property are divided if they should happen to divorce.

While prenups typically provide protection and clarity, they must be drafted correctly in order to be legally enforced. Under specific circumstances, a New York court can void a prenuptial agreement, leaving parties in a significantly different financial position than they anticipated. This article will discuss reasons why a prenup may be voided, various signs of an unfair prenup, and protecting your rights in divorce.

When Can a Prenup Become Void?

There are many reasons why a prenuptial agreement can be invalid, including:

The prenup was not entered into voluntarily – A valid prenup must be freely entered into by both spouses. If one of the parties was pressured, coerced, or threatened into the agreement, a New York court may invalidate the prenup. Imposing a tight deadline and creating a sense of urgency can be considered duress. Additionally, if one spouse was in a vulnerable state of mind or suffering from a health or mental condition, the court may question the validity of the document.

A spouse did not fully disclose assets – New York law requires both parties to disclose their assets, debts, and income fully and honestly before signing a prenuptial agreement. Hiding assets – including bank accounts, real estate, or investments – or misrepresenting financial information by understating or overstating income can invalidate the agreement.

Unethical or unscrupulous terms – If the terms of the prenup are incredibly unfair, the document can be considered void. This does not apply to cases in which one spouse receives less than the other. The prenup can be void if the agreement is so unjust that it leaves one spouse unable to support themselves and in an incredibly disadvantaged financial position. A New York court will consider the circumstances surrounding the prenup and its overall fairness.

The prenup was not signed on time – The agreement must be signed in a timely manner before the nuptials take place. It also must be notarized and signed by both parties. While New York law doesn’t mandate a specific time period that’s required to sign, it’s generally recommended to sign a prenup well in advance of the marriage – ideally 1-3 months beforehand.

Obtaining a signature fraudulently – If a spouse forges the other party’s signature or obtains their signature by lying or concealing facts, the prenup can be invalidated.

One or both spouses do not have independent legal counsel – Since each spouse has their separate interests at stake, they should be represented by their own separate prenuptial agreement attorney in order to enforce the prenup. While this is not a strict requirement in most states, having separate lawyers ensures that each party understands their rights and obligations under the agreement and that their best interests are well represented.

NY Prenup Legal Requirements

• Both parties must enter into the agreement voluntarily, without coercion or duress.
• The agreement must be in writing and signed by both parties.
• Both parties must provide full and fair disclosure of their financial situation, including assets, debts, and income.
• The agreement must be fair and reasonable at the time that it’s made and at the time of divorce as well.

Signs of an Unfair Prenup

Prenups are a valuable tool that’s used to protect assets, but they can be used unfairly to take advantage of the other spouse as well. An unfair prenup is characterized by coercion or duress to sign the document. A prenup that is one-sided or if one spouse does not have legal representation, the prenup may be deemed to be unfair. Additionally, if a spouse lies about their assets and/or fails to disclose their correct financial situation, the court may invalidate the prenup.

Proving Prenup Invalidity in Court

If a spouse believes that their prenuptial agreement is invalid, they can challenge it, even if it meets the legal requirements. However, they will need appropriate evidence to support the claim of invalidity. The court may need proof of coercion, fraud, incapacity, duress, or a lack of full financial disclosure. Proof may include witness testimony, financial records, evidence of threats, or applicable text messages, and/or medical records.

Protecting Your Rights in Divorce

You have the right to a fair and equitable division of assets if you’ve signed a prenup before you got married. A committed prenuptial agreement lawyer can most likely keep you from making unfortunate decisions that can affect you for many years. Contact us today for a free consultation and we’ll help you navigate New York’s complicated legal system.

Many divorces involve child custody issues, which can be complex. The well-being of the child involved is typically the primary focus of the court system. But, if one parent wants to move with their child, how will relocation affect custody? Below we discuss divorce and custody issues pertaining to relocation, including legal requirements for the parent who is planning to move and modifications that need to be made to custody arrangements, as well as how to challenge or support a relocation.

How Relocation Affects Child Custody

Deciding to relocate is undoubtedly a big choice to make and can also affect many aspects of a custody agreement. When custody is shared, the other parent may be deprived of spending time with their child through no fault of their own. If the move affects the relationship between the child and the non-relocating parent, modifications are then required to be made to the custody agreement. A New York court will make the final decision after carefully considering the associated challenges and how they may affect the child. While the court’s duty is to be fair, the child’s health and happiness is of utmost importance.

Legal Requirements for Relocating Parents

In New York, the law doesn’t require all custodial parents to provide advance notice prior to moving with the child. While parents do not need a judge’s permission to relocate, the move – particularly when it’s a long-distance move – may affect the custody agreement. This is especially true in cases when the move reduces the other parent’s time spent with the child.

Even though relocation approval isn’t required for one parent to move with their child, it doesn’t necessarily mean that the non-relocating parent has no choice in the matter when they learn about their child’s impending relocation. The relocating parent is required to provide written notice to the other parent regarding the impending move. The notice must include the mailing address of the new residence, the reason why the parent is relocating, and the date of the proposed move. The written notice must also include a proposed new visitation schedule.

After written notice has been provided, the non-relocating parent has a specific amount of time to challenge the impending relocation. If a challenge is not presented, the New York court will assume that both parents agree regarding the details of the move, including the new visitation schedule.

Relocation and Custody Modifications

The custody agreement will require modification if the non-relocating parent challenges the move. The court will decide on the custody modifications and consider multiple factors in their decision. Ultimately, the court’s decision is based on what is thought to be best for the child’s well-being. The court strives to ensure that all of the child’s needs are met – emotionally, physically, and educationally.

Factors that Courts Consider in Relocation Cases

While the primary goal of the court is to decide what is best for the child, other factors are considered in relocation court cases. Additional factors generally include:

• The reason for relocation,
• How the move will impact the child’s emotional, physical, and educational development,
• The developmental needs of the child,
• The relationship between the child and each parent,
• How the move will affect the child’s relationship with the non-relocating parent,
• The distance of the move,
• The child’s overall ability to adapt to the move.

The court aims to preserve the child’s relationship with both parents. In New York family court relocation cases, there is a test that’s commonly used to make decisions regarding relocation requests. The first part of the test involves an evaluation of the move and how it will affect the child. The second portion is an investigation of any interference that the move may cause to the co-parent’s custody rights.

How to Challenge or Support a Move

When the non-relocating parent objects to a planned move, they have the legal right to a court hearing. During this hearing, both parents may present arguments in favor of or against the relocation. If the court approves the request to move, both parents must decide upon a new/revised visitation schedule that accommodates the relocation. If the court denies the request to move, other arrangements need to be made by the parent who wished to relocate. If alternative arrangements are not made, the parent who wished to relocate may lose custody of the child.

Whether you are challenging or supporting a relocation, it is paramount that you secure an experienced family law attorney who can help with the preparation of an alternative visitation schedule, the presentation of your case in court, and have a thorough understanding of your legal rights. Zelenitz, Shapiro & D’Agostino are dedicated custody and divorce lawyers who are experienced in helping people make informed decisions regarding a child’s future.

 

For many people, the divorce process can be quite difficult. One of the most important aspects of divorce is the financial settlement. The fair division of assets and liabilities involves a process known as financial disclosure, also known as a Sworn Statement of Net Worth in New York.

Both partners must fully disclose their financial situations to each other and to the New York court. Understanding the requirements and best practices for financial disclosure is essential for a smoother and just outcome.

What Must Be Disclosed During a Divorce?

The most crucial aspect of financial disclosure is transparency. Being completely transparency will usually help avoid conflicts and disagreements that could arise. Both parties are obliged to provide an honest, comprehensive picture of their financial lives that includes the following:

• Assets – This includes all property owned, individually or jointly. This also includes, but is not limited to, real estate (homes, land, vacation properties), vehicles, bank accounts, investment accounts (stocks, bonds, mutual funds), retirement funds (401(k)s, IRAs, pensions), business interests, valuable personal possessions (artwork, jewelry, collectibles), and digital assets such as cryptocurrency.
• Debts – All debts must be disclosed, including mortgages, car loans, credit card debt, personal loans, student loans, and other debts.
• Income – Both parties must disclose full income information, regardless of the source. Income includes: wages, salaries, bonuses, commissions, and investment income. Pay stubs, tax returns, and bank statements are typically required to verify income.
• Expenses – A detailed summary of typical monthly expenses can help determine alimony or child support if applicable. While a summary of monthly expenses is not always required, it provides a clearer picture of the overall financial situation of both parties. This disclosure includes shared monthly, marital, and individual living expenses.
• Major financial transactions – Any significant financial transactions undertaken during the marriage must also be disclosed. This includes the sale of property, large gifts that were received, or unusual withdrawals from accounts.

Legal Requirements for Financial Disclosure

Full financial disclosures are commonly legally required in New York for divorce settlement. A financial disclosure statement typically requires an honest and complete disclosure of all financial information. The information must be comprehensive and transparent, without being intentionally misleading.

The Sworn Statement of Net Worth in New York must be notarized and submitted under oath. Both partners may be required to include supporting documentation – tax returns, bank statements, investment statements, and property deeds in order to prove accuracy. During the disclosure process, any new information regarding finances must be reported to the court as soon as possible.

How to Prepare for Financial Disclosure

To ensure a smooth divorce process in NY, ideally both divorcing partners should act quickly and prepare ahead of time.  Be sure to gather all documents and information, including:

• Pay stubs
• Bank statements
• Tax returns
• Property deeds
• Investment records
• Loan agreements

You will also be required to submit all documents that show your income, debts, and assets. It’s also a good idea to organize your finances on a spreadsheet or a written list for easy retrieval and reference.

It is typically better to share too much financial information than not enough pertinent information. Failure to provide enough disclosure could cause eventual problems. An expert divorce attorney can help you prepare the necessary paperwork and inform you of the document requirements.

Both parties must file the financial disclosure statement. In some cases, a partner may not want to disclose all of his or her assets. Hiding financial information can hinder the process of divorce and affect the division of assets. If you believe that your soon-to-be-ex-spouse is hiding assets in the disclosure process, they may be held in contempt of court. Your attorney has the power to request formal discovery to obtain access to business records and financial account statements.

Resolving Disputes Over Financial Disclosure

It is not uncommon for disputes or disagreements to arise regarding the accuracy of a financial disclosure. This is especially true if the divorce is not amicable between both parties. A divorce lawyer can assist you in negotiating a fair outcome or challenging a partner’s financial disclosure. They can also recommend mediation with a neutral third party to help reach a resolution. Keep in mind that if one spouse challenges the other’s disclosure, evidence of the error should be presented to a judge. A court order can also order forensic accounting or other actions to ensure transparency for both partners.

A committed divorce attorney can guide you through the financial disclosure process and help with transparency. They can also provide advice on how to start the divorce process in New York and should ensure a fair and equitable outcome for both parties.

If you are getting married soon, you may have thought about the possibility of getting a prenup. While they may seem unromantic and even inappropriate right before marriage, prenuptial agreements are incredibly important documents that protect one’s assets should a couple decide to divorce eventually.

Prenuptial agreements – also known as prenups or marital contracts – have been around for some time now. In fact, one of the earliest prenups was made in Ancient Egypt over 2,000 years ago. Decades ago, prenuptial agreements were primarily regarded for the rich and famous. However, times are changing. These days, prenuptial agreements are quickly becoming the new normal, particularly within Generation Z.

Below we’ll discuss this modern take on prenuptial agreements and provide valid reasons to get a prenuptial agreement. If you’re wondering, “how do I get a prenuptial agreement attorney near me?,” read on.

What’s Love Got to Do With It? 

So, what is a prenuptial agreement? A prenup is a legally binding contract between a couple who is engaged to be married that dictates what happens to each partner’s assets and debts if they get divorced. As we mentioned earlier, couples who are about to be married don’t typically want to give any thought to the possibility of splitting up in the future. However, signing a prenup is a smart decision that is widely influenced by older generations.

Many baby boomer couples ultimately got divorced, despite their conservative approach to marriage. Decades ago, prenups were not as prevalent in marriages in which assets were scarce. Consequently, many divorces became messy, with no clear division of property and assets.

Born in the late 90s and early 2000’s, Generation Z (or Gen Z) became witnesses to their grandparents’ and other older family members’ divorces. Add in evolving social norms, varying economic factors, reshaped marriage expectations and financial strategies, and prenuptials became extremely popular.

Getting Hitched Later in Life

Many people are choosing to get married later in life, and the median age of marriage is steadily increasing. In the 1950s, the average age of first marriage in the United States was 20 for women and 23 for men. In 2023, the median age for women to get married for the first time was 28, and 30 years old for men. The statistics clearly show that Gen Z couples don’t wish to get married as young as their grandparents did, or their parents for that matter.

Getting married later in life is not a negative concept by any means. In fact, many of these couples are already self-reliant with established careers and robust individual financial portfolios. As such, they want to protect what they have worked so hard for before marriage. Many do not wish to combine all of their assets when they eventually marry. The concept of 50/50 splits of assets — which used to be the norm — is not necessarily the fairest option for them.

Career First

Generally speaking, Gen Z is very career-focused, and for good reason. They crave fiscal responsibility and have been determined to achieve such responsibility in their 20s. Focused on job stability, personal growth, and financial independence, Gen Z’ers tend to accumulate businesses, investments, property, and savings at an early age.

Concisely, the financial stakes are higher since they have generally acquired success. It’s entirely understandable why they would want to protect their assets and achievements when they eventually marry. They want to avoid the messy divorces that their older family members may have faced by establishing their own wealth early on and protecting it well.

Using the Tools Available

In this digital age, Gen Z has access to prenup resources that were nonexistent decades ago. Not only can they find useful information and resources online, but they also have access to forums, message boards, and chatrooms to ask questions about prenuptials and to get advice. Additionally, Gen Z has the option to create their own personalized prenups with online templates. These straightforward templates allow couples to develop agreements that suit their individual expectations and needs.

These days, prenuptial agreements don’t carry the stigma that they once did. Celebrities and other famous people openly discuss their divorces and prenups, which seem more like common practice. This disclosure from high-profile people encourages open discussion about prenuptials and fosters close speculation of individual financial futures.

Prenuptial agreements are not just for wealthy people anymore since our way of life is simply not as traditional these days. If you’re wondering how to get a prenuptial agreement, or asking, how does a prenuptial agreement work? Or are wondering if you actually even need one, experienced prenuptial agreement lawyers can help. They will work with you to help you understand your rights and ensure a fair division of assets for both parties should the time come.

Dealing with divorce can be unpleasant for both parties, especially when dealing with money issues. One primary topic that often arises is the topic of alimony, which is also known as spousal support. In New York, the rules of alimony are established by state law, so it’s important to know these laws if you are thinking about or when going through a divorce.

This article outlines the different types of alimony, who qualifies for it, how it is calculated, how long it lasts, what factors affect its amount in New York, and how an experienced alimony attorney can help you understand your legal options.

Types of Alimony in New York

In New York, there are several types of spousal alimony that are designed to meet the various needs of a spouse during and after a divorce:

Temporary Alimony: This type of support is awarded during the divorce process and is intended to help the lower-earning spouse temporarily maintain a similar standard of living. This type of alimony is usually granted until a final settlement is reached. While the divorce is pending, a pendente lite support order in New York ensures that child support is paid. This temporary order includes the amount that is either agreed to by both parties, or is ordered by the court.

Post-Divorce Alimony (Maintenance): This type of support is awarded after the divorce is finalized and can be either permanent or for a specified duration. The court may determine that this type, based on various factors, including the length of the marriage and each spouse’s financial situation, whether the recipient can become self-supporting, and how long it may take the recipient to obtain the needed skills to do so.

Rehabilitative Maintenance: Aimed at helping a spouse re-enter the workforce, rehabilitative maintenance is typically granted for a limited time to assist the recipient in gaining the necessary skills or education to become financially independent.

Eligibility for Alimony in New York

So, what is eligibility to receive alimony based on? Eligibility for spousal maintenance in New York is not solely based on financial need – other factors are considered:

• Marriage Duration: Generally, longer marriages are more likely to result in an award of alimony.
• Financial Disparity: A significant difference in income and earning potential between the spouses can influence eligibility.
• Contributions to the Marriage: Contributions may include homemaking, child-rearing, or supporting the other spouse’s career advancements.
• Age and Health: The age and health of both spouses are also considered, particularly if one spouse is unable to support themselves due to medical conditions.

Calculating Alimony in New York

The calculation of spousal maintenance in New York is not as straightforward as simply applying a formula – it involves a combination of guidelines as well as the unique circumstances of the case. New York utilizes Maintenance Guidelines and a New York state maintenance calculator, which help in determining the presumptive amount and duration of alimony.

Presumptive Amount: The basic calculation involves taking 30% of the higher-earning spouse’s income and subtracting 20% of the lower-earning spouse’s income to arrive at a presumptive maintenance amount.

The Joyce Factor Adjustment: The court may adjust this amount based on circumstances, which include the recipient spouse’s needs, the payor spouse’s ability to pay, the standard of living during the marriage, and other relevant considerations.

Duration of Alimony in New York

The duration of spousal maintenance in New York varies significantly based on the type of alimony awarded and the circumstances of the marriage. Temporary maintenance lasts until the divorce is finalized, while post-divorce maintenance can be either for a specified term or indefinitely. Permanent alimony/maintenance is rare and generally applies to long-term marriages, often exceeding ten years.

In July 2015, New York instituted specific guidelines to help define the duration of maintenance based on the length of the marriage. For marriages of less than 15 years, the duration is a formula based on the length of the marriage. For marriages of 15 to 20 years, the court may award maintenance for up to 50% of the marriage’s duration. For marriages that lasted more than 20 years, maintenance may be awarded indefinitely or until the recipient remarries.

Factors Considered in Maintenance Determination

Various factors influence a judge’s decision when determining alimony in New York. Some of the key considerations include:

• The length of the marriage
• The age and health of both spouses
• The income and property of each spouse
• The needs of the dependent spouse
• The standard of living established during marriage
• The contributions made by each spouse to the marriage including home making and child-rearing responsibilities.
• The time and expense needed for the recipient spouse to acquire education or training for employment.

New York Alimony Attorney

Understanding spousal maintenance in New York state is often found to be a challenging task. Experienced alimony attorneys understand how to plan for life after divorce, and they can help make your case for financial support while ensuring that you are treated fairly throughout the process.

A divorce in New York City can often take anywhere from a few months to over a year to become final. How long a divorce takes is dependent on whether it’s a contested or is an uncontested divorce. Understanding the basics of divorce in NYC and working with a NYC divorce lawyer may help you get through this process without too much stress.

Divorce follows a specific legal process. You first must file divorce papers in NY with the court. New York allows for both fault-based and no-fault divorce, but filing for a no-fault divorce in New York, where no one is blamed, can speed up the process a bit. Either way, securing a lawyer who specializes in NYS divorce law is commonly recommended.

Factors that Affect Divorce Duration

Several factors can affect how long a divorce will take in NYC. These factors include the type of divorce, child custody, division of assets, and the level of each party’s cooperation. Each divorce case remains unique, and the time that it takes to reach finality typically depends on the following points.

Uncontested vs Contested and Division of Assets

There are two primary types of divorce in New York, which include contested and uncontested divorces. An uncontested divorce in NYC is typically a much quicker process than a contested divorce. The type of divorce plays a significant role in how long it will take for a divorce to become final.

An uncontested divorce simply means that both parties agree on all terms, such as property division and custody. Uncontested divorce in NYC is the quickest option. A contested divorce happens when couples disagree on key issues. This type of divorce can drag on for months or even years.

Cooperation between both parties plays a vital role in how quickly a divorce is finalized. If both spouses agree on the terms, the divorce will move faster. If there’s constant disagreement, it can often significantly delay the case.

The division of assets also impacts how long a divorce may take. New York is an equitable distribution state, meaning that property and assets are divided fairly, but this doesn’t always mean equally. Disputes over finances can add months to the process, especially if significant assets are involved.

When child custody is entangled in the proceedings, a divorce often takes longer to finalize. Custody disputes commonly require additional court hearings, where the court will prioritize the child’s best interests, which usually complicates the process. If both parties can’t agree on the child’s best interests, the divorce process may be delayed.

Residency Requirements in NYC

Prior to filing for a divorce in NY, at least one spouse needs to meet the residency requirements in the state. Typically, one spouse needs to have lived in the state for a minimum of at least one year. This requirement must be met before you can start the divorce process.

Expedited Divorce Options

While it’s impossible to get an immediate divorce, New York does offer ways to speed up the process. Filing for an uncontested divorce is one of the quickest options. If you’re wondering “how to get a divorce in NY immediately,” securing an uncontested divorce attorney is typically the best approach, as this type of divorce commonly avoids court battles to save both parties a combination of both time and money.

Hiring a New York City divorce lawyer may greatly impact how long a divorce will take. Working with an experienced attorney often streamlines the process and helps you to avoid common pitfalls. A professional NYC divorce lawyer will represent your best interests during this process.

Role of a Divorce Attorney

A good divorce lawyer in Queens, NY will help guide you through the legal process when seeking a divorce. Lawyers help in complex cases, such as those involving child custody or high-value assets. If you’re considering a divorce in New York, finding the best lawyer for an uncontested divorce can often help shorten the process. New York state divorce attorneys will explain your rights to you and help avoid unnecessary process delays.