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March 2016 Archives

EQUITABLE DISTRIBUTION DOES NOT ALWAYS MEAN AN EVEN SPLIT

New York now abides by the principle of equitable distribution when dividing the property of a divorcing couple. People sometimes misinterpret the word equitable to mean "equal," which is not always the case. Judges often decide that the fairest resolution is to give one spouse a greater portion of the shared assets, and they base their decisions upon a variety of factors, including:

DOCUMENTS YOU NEED TO GATHER FOR A NEW YORK DIVORCE

New York requires divorcing parties to file numerous forms with the Supreme Court in the county of residence. A qualified divorce attorney can help you with obtaining and completing these documents, but the process will run much more smoothly if you can provide your attorney with copies of personal papers. With this information, your attorney can give you the best possible evaluation of what you can expect as the case proceeds.

RECOVERING AUTO ACCIDENT DAMAGES UNDER NEW YORK'S NO-FAULT SYSTEM

For drivers in most New York vehicle accidents, injury claims are made against their own auto insurance policy. Under this no-fault law, it does not matter who was responsible for the collision. However, personal injury actions are allowed for claims involving serious injuries or death. Serious injuries include fractures, significant limitation of a body function, and injuries that impair the victim's ability to function normally for at least half of the six months following the accident. In these cases, the other driver can be sued for damages including pain and suffering, which are not available in no-fault claims.

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