In New York, a divorce is treated as a final judgment and severance of the legal affairs of two formerly married individuals. If your marriage is ending a split is on the horizon, enlist the advice of an experienced Nassau County divorce attorney to ensure that every aspect of your divorce is addressed skillfully and comprehensively. We can be reached at (516) 406-8381.
Impact on Prior Legal Agreements
By law, a divorce judgment automatically revokes or cancels out any and all of the following between the couple, unless there is some indication to the contrary within the individual instrument itself:
- Disposition of property in will
- Appointment in will, such as executor or beneficiary
- Designation in a life insurance policy
- Severance from pension or other retirement benefits plan
- Severance from trust account or other bank accounts related thereto
- Any appointment or power of disposition over the former spouse
- Role of former spouse as any of the following in a fiduciary or representative capacity:
- Personal representative
- Attorney in fact
- Joint interests in property, specifically joint tenancies with the right of survivorship, which transforms the property to a tenancy in common relationship.
The effect of the divorce is to treat the former spouse as having died or pre-deceased the other party for purposes of enforcing these various instruments. Even if the divorce does not touch upon the matters stated above (which of course it likely will), these actions will be treated as having automatically occurred.
Parties should ensure that their divorce not only specifically addresses these matters, but also includes a provision for how these properties will be equitably divided, as appropriate. Additionally, remarriage has the effect of automatically re-instating these revocations.
What a Divorce in Nassau County Involves
A divorce is treated as a final judgment of Divorce or Divorce decree affirmatively stating the dissolution of the marriage. Once a decree has been entered, it can be very difficult to change it without incredibly compelling evidence. Therefore, you’ll want to make sure that you fully understand the effect of the decree on your rights in order to ensure that you aren’t foregoing anything to which you are entitled without full disclosure.
Additionally, determinations regarding child custody,
child support, and
alimony are separate issues which should be thoughtfully considered and addressed as part of any marriage dissolution where applicable.
Contact Jason M. Barbara & Associates, P.C.
As the foregoing discussion outlines, a division is not only an emotional separation, but a financial one as well. Once a divorce is entered, you will be completely separated from your spouse and their financial affairs. Therefore, it is essential to hire an experienced divorce attorney to ensure that all of your potential property and other rights are being protected.
Searching for a Nassau County divorce lawyer to represent your case? The attorneys at Jason M. Barbara & Associates, P.C. are dedicated to ensuring that their clients are heard. We understand that a divorce can be an incredibly difficult time emotionally, financially, and psychologically.
Our divorce attorneys will advocate aggressively on your behalf, so that you can focus on making plans for your life after divorce. Contact our office today.