Family Law & Divorce
Showing 409 - 414 of 486 results.
Cross-Border Divorce Asset Division: Key Strategies
Cross-border divorce in New York means navigating competing laws and foreign assets. Know your rights and protect overseas property before filing. New York applies equitable distribution in a cross-border divorce, but which law governs each foreign asset is often the most contested issue. We have guided clients through cases involving overseas real estate, competing court orders, and international accounts across jurisdictions. Early decisions about governing law and enforcement in a cross-border divorce directly shape what you ultimately protect.
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Which Court Handles Your International Divorce?
Jurisdiction in an international divorce is not one question. It is three, and they can produce three different answers. Dissolving the marriage requires only that you meet the residency period. A D.C. .ourt can end the marriage on that basis alone. Dividing property and ordering support requires personal jurisdiction over your spouse. Meeting the residency requirement does not supply it. A court can grant the divorce and still lack authority to order anything about money. Custody follows the child, under the UCCJEA, which looks to where the child has lived — not to where either parent filed. A parent can win the forum for the divorce and lose it for the children. Recognition is separate again. The United States is not party to a treaty on recognition of foreign divorces. Whether another country honors a D.C. .udgment turns on that country's law and on comity, and the answer differs by jurisdiction. The Hague Abduction Convention addresses returning a child to their habitual residence, not who should have custody. And an order is only as good as where it can be enforced. A judgment dividing an account held abroad may require a proceeding in that country to reach it. Filing first in the more convenient forum sometimes means filing in the less enforceable one.
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What Counts As Adultery in Your State? the Legal Standard May Surprise You
The question behind this question is usually financial, so start there. In New York, adultery rarely changes the outcome. Equitable distribution turns on economic factors, not on who did what to whom. Marital fault is a statutory consideration for spousal support, but courts apply it narrowly. Custody follows the child's interests, and an affair that did not affect the child generally does not register. One exception matters. If marital funds were spent on the relationship — travel, gifts, a second residence — that is dissipation of marital assets, and it is recoverable. This is a money argument, not a morality argument, and it is the one that works. As a ground for divorce, it is close to obsolete. New York has had no-fault divorce since 2010. Adultery also cannot be proved by the testimony of the spouse alleging it, which makes it harder to establish than the no-fault ground it would replace. There is almost no reason to plead it.What clients usually want is acknowledgment. What the law offers is an accounting. Those are different things, and it helps to know which one you are asking for.
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Extramarital Affair Damages Claim Process
Facing an Extramarital Affair Damages Claim in New York requires a clear understanding of legal defense strategies to navigate the complexities of the civil court system. This summary outlines how the process is managed and the specific legal standards applied to protect the rights of defendants against claims of emotional or financial harm. While New York has restricted certain historical causes of action, civil litigation continues under various tort theories that require professional management and precise evidentiary proof.
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Adultery Lawsuit: Can You Sue Your Spouse'S Affair Partner?
An adultery lawsuit against a third party is possible in select states, but available claims and burden of proof differ from a standard divorce action. Two tort actions, criminal conversation and alienation of affection, apply directly to the affair partner, but only in a handful of jurisdictions. This page explains what each claim requires, which states allow it, and the practical costs that determine whether filing makes sense.
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Emotional Distress Damages Claim Process in New York
Learn the emotional distress damages claim process in New York, including evaluation factors, evidence, court procedures, and litigation strategies. The emotional distress damages claim process requires more than evidence of emotional suffering alone. Emotional distress damages claims depend on persuasive evidence, proper court procedures, and legally sufficient documentation. Understanding the emotional distress damages claim process helps claimants prepare stronger cases before litigation begins.
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