Author Archives: Jay Butchko
What is the Difference Between a No-Fault and Fault-Based Divorce?
In 2010, New York was the last state in the country to enact no-fault divorce laws. The purpose of a no-fault divorce is to avoid blaming either spouse for the divorce and to make proceedings less contentious. A no-fault divorce can also possibly shorten the length and lower the cost of divorce. Still, there… Read More »
How Do the Courts Determine Child Support Amounts?
Divorce is never an easy thing to go through. You and your spouse will need to resolve complex issues such as the division of your property and whether or not one of you will receive alimony. There are other issues that arise during divorce as well that require the approval of the courts. One… Read More »
How to Fight a False Accusation of Child Abuse During a Custody Dispute
One of the hardest parts of any divorce that involves children is facing the fact that you may not be able to spend as much time with them. Your child’s other parent is likely also facing these same fears. Sometimes, parents become so desperate to “win” child custody that they make false accusations against… Read More »
What Factors Invalidate a Prenuptial Agreement?
Prenuptial agreements are becoming more common today. Modern couples now realize that these contracts are not unromantic, and that they are also not reserved for only the wealthy. A prenuptial agreement can make the process easier if the marriage is ever dissolved through divorce. However, simply having an agreement in place is not enough…. Read More »
Can I Force My Spouse Out of the Family Home?
Once you have made the difficult decision to end your marriage, you may want to start leading separate lives as soon as possible. You may want your spouse to move out of the family home and you may have even thought of forcibly evicting them. As with many matters in divorce, the law is… Read More »
What Type of Divorce is Right for You?
Although every divorce case does have to go through the court, this does not necessarily mean the two spouses have to enter litigation. There are many ways to get a divorce today with mediation and negotiation being the two most common. Collaborative law is an option that is becoming more popular today. The last… Read More »
What Marital Assets are Not Divided During Divorce?
Dividing the marital assets you have accumulated over the years is often a priority for couples who are ending their marriage. You likely know which assets you would like to keep, particularly if your case involves a high net worth or substantial assets. The majority of marital assets are eligible to be equitably distributed… Read More »
What is an Irretrievable Breakdown of a Marriage?
There could be many reasons why you are thinking of divorce. Perhaps your spouse was unfaithful to you, or maybe you have simply grown apart. Regardless of the reason, you must meet specific requirements before you can legally dissolve your marriage. In 2010, New York became the last state in the country to adopt… Read More »
What to Do if Your Spouse is Hiding Assets
Divorce is always extremely difficult, but when spouses are hiding assets, it can make the process even more challenging. When a spouse hides assets, they typically do so in order to protect the property from being divided as part of the divorce process. Hidden assets will always cause delays in the divorce process, and… Read More »
Six FAQs About Divorce in Suffolk County
Divorce may seem like a straightforward process, but it is not. State law governs all of the divorce proceedings in Suffolk County and many couples are not aware of those laws. As such, they are also unaware of their rights and legal obligations. People getting a divorce also usually have many questions. Below, our… Read More »