Parties who enter into separation agreements presume they are valid. However, there are a number of specific ways to challenge a separation agreement. Fraud A party that enters into a separation agreement is supposed to disclose all of their assets and income. If it can be shown one of the parties had hidden their assets or income or presented … [Read more...]
Video : Valuing an Illegal Business in a Divorce
Annulments In New York
An annulment in New York involves a legal action which seeks to declare a marriage invalid or void pursuant to an order by a Supreme Court Judge. An annulment eliminates the marriage from ever having taken place. A divorce involves a marriage that has failed. An annulment involves returning each of the parents back to being single and never having … [Read more...]
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What You Need To Know About Prenuptial Agreements
Prenuptial agreements must be both procedurally and substantially fair. A court will not enforce a prenuptial agreement, executed under fraud, duress or a mistake. The agreement should be executed as long as possible before the wedding takes place. Last minute prenuptial executions can be considered to have taken place under fraud, duress or undue … [Read more...]
Hague Convention Case
In a case in Kings County, a husband brought a Writ of Habeas Corpus before Justice Stephen Mostofsky sitting in the Supreme Court of Kings County. He claimed this proceeding was brought under the emergency jurisdiction under New York Domestic Relations Law 76.C and The Hague Convention. He asked that the child, with the respondent wife, be … [Read more...]
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MEDICAID PLANNING
There has been a five year look back period for the transfer of assets for individuals seeking long term nursing home care for many years now. Any transfer of assets or sale of assets during this period of time can make an individual ineligible for receiving Medicaid nursing care benefits. The transfer of assets or the sale of assets will cause an … [Read more...]