Contested Divorce 2017-08-31T15:56:17+00:00

Contested Divorce in Brooklyn

A contested divorce often comes about when there is substantial property or assets and a feeling by one spouse or the other that he/she deserves more. In New York the court will divide property according to equitable distribution, a fancy way of saying according to what is fair. Factors considered include each spouses earning power, non-marital property, and services as the homemaker, duration of the marriage and the age and health of both parties. Any property that is obtained prior to the marriage is separate property and belongs to the spouse who brought the property into the marriage. The only exception is if the other spouse increased the value of that property by his manual labor. Then that spouse is entitled to a portion of the increased value that was the by-product of his manual labor. In addition, New York considers professional degrees (doctor, lawyer, CPA etc…) that were earned during the marriage as marital property.

 

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