Here at Law Offices of Robert S. Lewis, P.C., we represent clients in multiple types of cases involving divorce, child custody, child support, bankruptcy, and more. In addition to providing legal help to people in these situations, we also work to inform people about legal issues that may affect them by regularly publishing blogs on topics related to our practice areas. We wanted to highlight the blogs that were read the most by visitors to our website in 2022:

1. Dissipation and Hidden Assets in a New York Divorce - During a divorce, the property division process can become more complicated if a spouse attempts to hide marital assets or if a person has wasted or destroyed marital property. We look at how these issues may affect a divorce case and the steps spouses can take to protect their financial interests.

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When it comes to the division of assets in a divorce, real estate can be one of the most complicated types of property to address. It is important for divorcing couples to understand their rights and responsibilities when it comes to ownership and division of real estate during the process of getting divorced in New York. Some key considerations to address in these situations include: 

New York's Marital Property Laws 

In New York, real estate is classified as either “marital property” or “separate property.” Marital property includes all assets acquired during the marriage, such as a jointly owned family home, vacation home, or any other investments that have been shared by both parties during the course of their marriage. Separate property includes any asset acquired prior to the marriage or through an inheritance. 

As parents age, their children often take on a bigger and bigger role in their lives. Many adult children help their elderly parents with household chores, yard work, and getting to and from medical appointments. However, some elderly parents need a greater level of care. They may be unable to make sound medical decisions or keep up with paying the bills, handle daily living activities, or provide for their own safety. When an elderly parent is incapacitated by dementia, Alzheimer's disease, or other health conditions, his or her child may wish to become that parent’s legal guardian.

Guardianship of an Adult in New York

Being a legal guardian is a major responsibility. An “Article 81 guardianship” gives the guardian the authority to make decisions on behalf of the incapacitated person. According to New York law, guardianship of an adult is granted when: