Legal Question in Family Law in New York

We know forgery is wrong. However, in NY state, we have "equitable distribution". That means that everything goes into "the pot", regardless of whose name it is in (including retirement accounts, the value of licenses the spouse helped you get (e.g. doctor, lawyer), house, bank accounts, stocks, etc. With dequitable distribution, figure on a marriage over 10 years (yours is 22) roughly 50/50. On the other hand, I have heard of a judge that did 90/10 because the man beat his wife. A motion in the divorce decree (Order to Show Cause) would ask for the judge to order that no marital assets are removed, encumbered, sold, etc.

Second thing: No-fault divorce goes into effect (I am 90% sure) Oct 13 so you don't need a "reason" anymore, such as a separation, abandonment, etc. So, think about that option and if you want to split, do it after then. If you are on Long Island, call me at (631) 848-1204. I do a lot of divorces. No-fault should also reuce legal fees (the files for even an uncontested divorces are very thick from all the documentation the courts want, which is why divorce is not cheap, although my rates are very good, esp because of the economy). And, the moneyed spouse has to pay the legal fees for the non-moneyed spouse, and if you both work but she makes a lot more, a portion of the fees should be paid (again-on the portion issue, only 90% sure-Gov Paterson just signed it this month).