Divorce can be an emotionally draining process for anyone, and the division of property can often be one of the most contentious issues to resolve. In New York, property division is governed by the state’s laws and courts, which seek to ensure that the property is divided fairly and equitably between the two parties. However, in certain circumstances, it may be possible to modify the property division arrangements that were agreed upon during the divorce proceedings. Here’s what you need to know about modifying property division in a New York divorce.
Grounds for Modification
Under New York law, there are limited circumstances in which a court will modify a property division agreement that was made during a divorce. The most common reason for modification is a significant change in circumstances that was not anticipated at the time the agreement was reached. This could include a loss of employment, an unexpected medical expense, or a substantial increase or decrease in income
Another common reason for modification is a material mistake in the agreement, such as an error in valuing certain assets or liabilities. Additionally, if one party can demonstrate that the property division agreement was reached as a result of fraud, duress, or coercion, the court may also consider modifying the agreement.
Procedure for Modification
To seek a modification of a property division agreement in New York, the party seeking the modification must file a motion with the court that issued the original divorce decree. The motion should detail the specific grounds for the requested modification and provide evidence to support the request. The other party will have an opportunity to respond to the motion and provide their own evidence.
If the court determines that there is sufficient cause to modify the agreement, it may order a hearing to gather additional evidence and testimony. After considering all of the evidence presented, the court will issue a new order modifying the property division agreement as necessary.
Importance of Legal Counsel
If you are considering seeking a modification of a property division agreement in a New York divorce, it is important to seek the guidance of an experienced divorce attorney. A skilled attorney can help you assess your options and develop a strategy for pursuing the modification you seek. They can also represent you in court and help ensure that your rights and interests are protected throughout the process.
While modifying property division in a New York divorce is not a simple process, it is possible in certain circumstances. If you believe that your property division agreement should be modified due to a change in circumstances, a mistake in the original agreement, or other grounds, it is important to consult with an experienced divorce attorney who can guide you through the process and help you achieve a fair outcome.
Possible considerations for modifying property division in a New York divorce include:
- Changes in Income: If one party’s income has significantly decreased or increased since the divorce, they may seek a modification of the property division agreement. For example, if one party loses their job, they may no longer be able to afford the mortgage payments on a jointly owned home, and may seek to modify the agreement to require the other party to assume the mortgage.
- Changes in Expenses: If one party’s expenses have significantly increased since the divorce, they may seek a modification of the property division agreement to reflect the new expenses. For example, if one party incurs significant medical expenses, they may seek to modify the agreement to receive a larger portion of the marital assets.
- Changes in Circumstances: If there are significant changes in the circumstances of one or both parties, such as a relocation or a remarriage, they may seek to modify the property division agreement to reflect the new circumstances.
- Mistakes in the Original Agreement: If there were mistakes in the original property division agreement, such as an undervaluation of assets or a misunderstanding of the parties’ respective debts, the parties may seek to modify the agreement to correct the mistakes.
It is important to note that modifying a property division agreement is not always a straightforward process. The court will carefully review the parties’ circumstances and may require extensive evidence before making a decision. Additionally, any modification must be reasonable and equitable under the law. Therefore, it is crucial to work with an experienced divorce attorney who can guide you through the process and help you achieve a favorable outcome.
Modifying property division in a New York divorce is possible under certain circumstances, such as a significant change in circumstances, a mistake in the original agreement, or other grounds. However, the process can be complex and requires careful consideration and legal guidance. If you are considering seeking a modification of a property division agreement, it is essential to work with an experienced divorce attorney who can help you achieve a fair and equitable outcome.
Michael D. Schmitt, ESQ. is an experienced divorce attorney who can help you with modifying property division in a New York divorce. With over two decades of experience in family law, he has helped many clients navigate the complex legal issues involved in property division.
If you are seeking a modification of a property division agreement, Michael D. Schmitt, ESQ. can assist you in the following ways:
- Assessing Your Options: Michael D. Schmitt, ESQ. will carefully review your case and help you understand your options for modifying the property division agreement. He will assess the grounds for modification, the strength of your case, and the potential outcomes.
- Developing a Strategy: Based on his assessment, Michael D. Schmitt, ESQ. will help you develop a strategy for pursuing the modification you seek. This may involve negotiating with the other party, filing a motion with the court, and gathering evidence to support your case.
- Representing You in Court: If your case goes to court, Michael D. Schmitt, ESQ. can represent you and advocate on your behalf. He will present evidence and arguments to support your case and help ensure that your rights and interests are protected throughout the process.
- Protecting Your Rights: Michael D. Schmitt, ESQ. is committed to protecting his clients’ rights and interests. He will work tirelessly to help you achieve a fair and equitable outcome that reflects your changing circumstances.
If you are seeking to modify a property division agreement in a New York divorce, Michael D. Schmitt, ESQ. can provide the legal guidance and support you need. With his extensive experience