New York Legal Blog

Previously, we began looking at the topic of dividing the family home in divorce. As we noted, there are several potential outcomes when it comes to division of the family home. One is selling the property. Another is to let one party keep the property. When a party seeks to keep the family home, though, it is important to look at their financial circumstances beforehand to determine how feasible that is.

In some cases, the party seeking to take the family home may have enough income to handle the mortgage on their own, and perhaps even to buy out their spouse, but in many cases this is not possible. In such cases, it may be possible to obtain a refinance of the mortgage, which is smart even for even when the party taking the home could afford not to do so, since it allows the non-taking spouse to get off the mortgage note. Refinancing can also allow the taking spouse to pay out the portion of equity due to the non-taking spouse. 

Previously, we began looking at some of the factors judges consider when making child custody decisions in New York. As we noted, the central concern is always the best interests of the child, but judges will weigh a variety of secondary factors to ensure that any proposed parenting plan is really best for the child.

Despite the fact that judges have significant discretion in making child custody determinations, having an experienced advocate in the child custody process is certainly not unimportant. On the contrary, the fact that judges have discretion makes it that much more important to have an advocate. Although child custody decisions are not directly about the interest of the parent, there are several things an attorney can do to best position a parent for a favorable decision. 

We've been looking in recent posts at the topic of hiding assets in divorce. As we've pointed out, this issue is important to consider both in the negotiation of prenuptial agreements and during divorce when negotiating and arguing the disposition of marital property in court.

Failure to make full disclosure of assets is not something that can always be immediately recognized in a partner. In some cases, it will be clearer than others that a fiancé or spouse is hiding something. In any case, it is important to conduct the most thorough investigation possible to ensure the prevention of fraud. Again, there are a variety of strategies that can be used to investigate potential asset hiding. 

Previously, we began looking at the topic of hiding assets in divorce. As we noted, hiding assets can be an issue in the negotiation of prenuptial agreements, as well as in the division of assets in divorce. When asset-hiding takes place in the context of prenuptial agreement negotiations, it can result in the agreement being thrown out in divorce. This, of course, requires the spouse who was defrauded to prove that such fraud occurred.

Working with an experienced attorney is, of course, essential when dealing with asset-hiding. The aim of representation on this issue is--to the extent possible--to prevent asset-hiding from occurring, and to work to track down assets that are hidden either before or after divorce.