top of page
Divorce


How Does Discovery Work in New York State Divorces?
When a New York divorce becomes contested, one of the most important, and often most misunderstood, phases of the case is discovery. Discovery is the formal legal process through which each spouse obtains information and documents from the other side in order to build their case, evaluate settlement, and prepare for trial if necessary. In New York, divorce discovery is governed primarily by the Civil Practice Law and Rules (CPLR) and applied within the context of cases in the
Paul Tortora Jr.
6 days ago


Divorcing When One Spouse Owns a Professional Practice in New York
When a marriage involves a professional practice, such as a medical office, dental practice, law firm interest, accounting firm, or other licensed business, divorce becomes significantly more complicated. In New York, professional practices are often considered marital property, and determining their value can become one of the most heavily contested aspects of the case. If you or your spouse owns a professional practice, understanding how New York courts approach valuation,
Paul Tortora Jr.
6 days ago


Tax Implications of Divorce in New York: What You Need to Know Before You Settle
Divorce settlements are often focused on who keeps the house, how parenting time will work, and what support payments may be required. But one issue that is frequently overlooked until it is too late is taxes. In New York divorce cases, the tax consequences of a settlement can dramatically affect the true value of what each spouse receives. A settlement that looks fair on paper may become much less favorable once income taxes, capital gains taxes, retirement penalties, or dep
Paul Tortora Jr.
6 days ago


How Does Evidence Work in New York State Divorces?
Divorce cases in New York are often won or lost based on evidence. Whether the dispute involves child custody, finances, hidden assets, domestic violence allegations, or claims of marital misconduct, the court’s decisions are supposed to be based on admissible proof, not speculation, assumptions, or emotional accusations. Understanding how evidence works in a New York divorce can help you avoid costly mistakes and better prepare your case from the beginning. In this post, a S
Paul Tortora Jr.
7 days ago


Inheritance and Divorce in New York: Is It Protected or Subject to Distribution?
When people think about divorce in New York, one of the most common questions is: “What happens to an inheritance?” The short answer is that inheritances are usually considered separate property under New York law. But there are important exceptions. In some situations, inherited money or property can lose its protected status and become partially, or even fully, subject to equitable distribution in a divorce. In this post, a Syracuse divorce attorney explains what New York s
Paul Tortora Jr.
7 days ago


Contested vs. Uncontested Divorce in New York: What's the Difference and Which Is Right for You?
If you are considering divorce in New York, one of the first questions you will face is whether your case will be contested or uncontested. The difference can significantly affect the cost, timeline, stress level, and overall outcome of your divorce. While many people assume divorce always means courtroom battles and lengthy litigation, that is not always the case. In fact, many New York divorces are resolved through agreement rather than trial. Understanding the distinction
Paul Tortora Jr.
May 13


Can I Relocate With My Child After Divorce in New York? (Understanding the Tropea v. Tropea framework)
Divorce is rarely the end of life's changes. A new job, a family support system in another city, a fresh start, there are many reasons a divorced parent may want to move away from their current location. But when you share custody of a child, relocating is never as simple as packing boxes and signing a new lease. In New York, parental relocation cases are governed by one of the most important family law decisions in state history: Tropea v. Tropea. If you are considering movi
Paul Tortora Jr.
May 11


How Adultery Affects Divorce in New York (Less Than You Think)
If your spouse cheated on you, it's natural to want the legal system to recognize that betrayal. And if you're the one who strayed, you may be dreading what it means for your case. Either way, most people are surprised to learn just how limited a role adultery actually plays in a New York divorce. In this post, a Syracuse divorce attorney explains what the law says, and what it doesn't. New York Is a No-Fault Divorce State Since 2010, New York has allowed couples to divorce o
Paul Tortora Jr.
May 10


Orders of Protection in Divorce: What You Need to Know
Divorce can be emotionally charged, and in some situations, one spouse may seek legal protection from the other during the process. In New York, an Order of Protection can be issued as part of a divorce proceeding to help ensure the safety and well-being of a spouse or children involved in the case. If you are going through a divorce or considering filing one, understanding how Orders of Protection work, and what they can and cannot do, is important. What Is an Order of Prote
Paul Tortora Jr.
Apr 4


What Happens If My Spouse Drains the Bank Account Before Divorce?
One of the most common and stressful situations people face at the beginning of a divorce is discovering that their spouse has emptied a joint bank account or withdrawn a significant amount of marital funds. Fortunately, under New York law, draining a bank account before divorce does not mean your spouse gets to keep that money. Courts have several tools available to address this type of behavior. In this post, a Syracuse divorce attorney explains what you need to know. 1. Mo
Paul Tortora Jr.
Mar 26


You’ve Just Been Served Divorce Papers — What Now?
Being served with divorce papers can feel overwhelming. For many people, it happens suddenly, a process server appears at your door. Your first reaction might be shock, anger, or fear about what happens next. If you’ve just been served with divorce papers in New York, it’s important to understand that being served does not mean you’ve lost your rights or that the outcome has already been decided. The next steps you take can significantly impact the course of your divorce. In
Paul Tortora Jr.
Mar 23


Are Out of State Orders Enforceable in New York State?
When families move across state lines, or when legal disputes involve parties living in different states, a common question arises: Will a court order from another state be recognized and enforced in New York? In most cases, the answer is yes . New York courts routinely enforce valid out-of-state orders. However, the process and legal standards vary depending on the type of order involved. In this post, a Syracuse family law attorney explains what you need to know. 1. Divorce
Paul Tortora Jr.
Mar 22


My Spouse Just Asked for a Divorce — What Should I Do First?
Hearing the words “I want a divorce” can feel overwhelming. Whether the request came suddenly or after months of tension, the first few days after that conversation are often filled with uncertainty and emotion. If your spouse has just asked for a divorce in New York, the steps you take early on can significantly impact your finances, your rights, and if you have children, your relationship with them. In the post, a Syracuse divorce attorney discusses the most important thin
Paul Tortora Jr.
Mar 21


Default Judgments in New York Divorce — Can They Be Vacated
Sometimes in divorce cases, one spouse starts the process and the other spouse never formally responds. When that happens, the court may grant what is known as a default judgment of divorce. While default divorces are common, they also raise an important question: What happens if the spouse who failed to respond later wants to challenge the judgment? In certain circumstances, New York courts may allow a default judgment of divorce to be vacated, meaning the judgment is set as
Paul Tortora Jr.
Mar 15


What is Collaborative Divorce?
Divorce does not always have to mean courtroom battles and drawn-out litigation. In New York, many couples choose collaborative divorce as a more private, respectful, and efficient way to end their marriage. But what exactly is collaborative divorce, and how does it work? In this post, a Syracuse divorce attorney explains what you need to know. Understanding Collaborative Divorce Collaborative divorce is a voluntary legal process where both spouses agree to resolve their divo
Paul Tortora Jr.
Mar 14


Can Spousal Maintenance be Modified Post-Divorce?
Spousal maintenance can have a significant financial impact after a divorce. But what happens when circumstances change? Can a former spouse go back to court and ask for more, or less, maintenance? Whether maintenance can be modified depends largely on how it was created and what has changed since the divorce. In this post a Syracuse divorce attorney explains what you need to know. 1. If Maintenance Was Ordered by the Court When spousal maintenance is awarded b
Paul Tortora Jr.
Mar 7


Living Together After Filing for Divorce — Is It a Mistake?
It’s more common than many people think: a couple files for divorce, but neither spouse moves out. Whether for financial reasons, children, or sheer practicality, they continue living under the same roof while the divorce is pending. If you’re considering this, you’re probably wondering: Is staying in the marital home together a legal mistake? The answer in New York is: Not necessarily, but it can create strategic and emotional complications. In this post a Syracuse divorce
Paul Tortora Jr.
Mar 2


Can My Spouse Make Me Pay Their Attorney Fees?
One of the most common questions people ask when facing divorce in New York is: “Can my spouse make me pay their attorney fees?” The short answer is: Yes, in some circumstances. But whether you will actually be required to pay depends on the facts of your case, the financial circumstances of both parties, and how the litigation unfolds. In this post a Syracuse divorce attorney explains what you need to know under New York law. The General Rule in New York Divorce Cases Unde
Paul Tortora Jr.
Feb 22


How to Choose the Right Divorce Attorney for You: A Practical Guide to Protecting Your Future
Choosing the right divorce attorney is one of the most important decisions you will make during the divorce process. In New York State, divorce can involve complex issues such as equitable distribution, custody, child support, spousal maintenance, and high-asset property division. The attorney you hire will directly impact not only the outcome of your case, but also your stress level and financial stability throughout the process. in this post a Syracuse divorce attorney disc
Paul Tortora Jr.
Feb 19


Protecting Your Privacy During Divorce: What Records Become Public?
Divorce is intensely personal. For many clients, particularly business owners, professionals, and high–net-worth individuals, the concern is not just asset division or custody, but what becomes part of the public record. In New York, divorce cases are filed in the New York State Supreme Court. While divorce proceedings are not as openly accessible as some other civil cases, certain documents and court actions can become public unless steps are taken to limit disclosure. In
Paul Tortora Jr.
Feb 14
bottom of page