Albany Family Law Blog

Divorce and Family Law Blog

Joanne P. Monagan, Esq., Managing Attorney

My intention is to create a journal (blog) of topical and current information about family law issues that will be of interest to our clients and prospective clients. Sources for blog posts will be my own experiences, experiences reported by my colleagues, relevant articles, news and information about the courts, judicial decisions of interest, your questions, and related information. We intend to post frequently, so please stay in touch with our website and be sure to contact our office if you desire a consultation. We will always stand by you.

Understanding Marital and Separate Property

Posted by Joanne P. Monagan, Esq. | Mar 11, 2024 | 0 Comments

What is marital property and what is separate property? Marital property is any property acquired during the marriage and before either a separation agreement is fully executed or a divorce action is commenced (whichever comes first). As long as the property was acquired while the parties are ma...

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5 ways to find mediators for your divorce

Posted by Joanne P. Monagan, Esq. | Feb 20, 2023 | 0 Comments

Divorces can get complicated, especially if you and your former spouse cannot agree on the basics, such as child custody and property division. These disputes can happen anytime during the proceedings, which can cause tension between parties. You can hire a mediator to help you and your former sp...

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How does a professional degree or license obtained during a marriage factor into equitable distribution of assets in a divorce proceeding in New York State?

Posted by Joanne P. Monagan, Esq. | Feb 15, 2023 | 0 Comments

A professional degree (or license) obtained during a marriage is considered marital property subject to equitable distribution in New York State divorce law. The degree's value is measured in “the enhanced earning capacity it affords the holder” as demonstrated by the holder's employment history ...

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What are hidden assets?

Posted by Joanne P. Monagan, Esq. | Feb 07, 2023 | 0 Comments

In a divorce, not only is there a division in the family but also a division in assets. During the proceeding, one of the things that you will have to discuss is marital asset distribution. The purpose of this is to ensure equal distribution of marital assets between spouses. Unfortunately, some ...

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The pros and cons of uncontested divorces

Posted by Joanne P. Monagan, Esq. | Jan 18, 2023 | 0 Comments

A typical divorce usually concerns bickering exes, lots of money and a long, drawn-out process. That said, there's the option of an uncontested divorce, which involves both spouses reaching a unanimous decision regarding all their issues. However, they're still required to pursue divorce litigati...

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Reasons divorce follows a young marriage age

Posted by Joanne P. Monagan, Esq. | Nov 20, 2022 | 0 Comments

You can certainly find couples who got married at 18 and who are still married 70 years later. It is possible for people to get married at a young age without facing the prospect of a future divorce. That being said, statistics do show that getting married young makes it more likely that you will...

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Children view divorce differently than adults

Posted by Joanne P. Monagan, Esq. | Nov 04, 2022 | 0 Comments

If you're getting divorced and you're thinking about talking to your children, it's important that you're 100% sure that the divorce will happen. You don't want to jump the gun and bring this up before you know that it's going to occur. Once you are sure, however, you don't want to put off having...

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4 custody terms you should understand

Posted by Joanne P. Monagan, Esq. | Sep 25, 2022 | 0 Comments

Divorce affects everyone in a family: You, your spouse, your children and even your pets. When it comes to raising a child after divorce, you and your spouse will have to decide on a child custody agreement. This may decide if you see your children on weekdays or weekends, for holidays and vacati...

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