Tortora Law Firm

05/17/2026

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 New York Supreme Court, which has jurisdiction over divorce matters. Understanding how discovery works can help litigants set realistic expectations, avoid unnecessary delays, and make informed decisions about settlement. In this post, a Syracuse divorce attorney explains what you need to know. https://www.paultortoralaw.com/post/how-does-discovery-work-in-new-york-state-divorces

05/17/2026

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, income, goodwill, and equitable distribution is critical before negotiating a settlement or going to trial. In this post, a Syracuse divorce attorney explains what you need to know. https://www.paultortoralaw.com/post/divorcing-when-one-spouse-owns-a-professional-practice-in-new-york

05/17/2026

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 dependency issues are considered. Before signing a separation agreement or stipulation of settlement, it is important to understand how divorce can impact your taxes both immediately and for years into the future. In this post, a Syracuse divorce attorney explains what you need to know. https://www.paultortoralaw.com/post/tax-implications-of-divorce-in-new-york-what-you-need-to-know-before-you-settle

05/16/2026

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 Syracuse divorce attorney explains what you need to know.

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, ...

05/16/2026

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 spouses need to know about how inheritance is treated during divorce proceedings.

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 proper...

05/15/2026

When parents are involved in a custody or visitation dispute in New York, one of the most sensitive questions is whether the child’s wishes will be considered by the court. In some cases, the judge may conduct what is known as a “Lincoln hearing," a private interview with the child outside the presence of the parents. Lincoln hearings are common in contested custody matters, but many parents have never heard of them until their attorney or the judge mentions one during litigation. Understanding how these hearings work can help reduce confusion and anxiety during an already difficult process. In this post, a Syracuse custody attorney explains what you need to know.

When parents are involved in a custody or visitation dispute in New York, one of the most sensitive questions is whether the child’s wishes will be considered by the court. In some cases, the judge may conduct what is known as a “Lincoln hearing," a private interview with the child outside the p...

05/14/2026

When parents are involved in a custody dispute, many assume the case will come down to who is “telling the truth.” While the credibility of the parties is important, evidence, what can actually be proven to the court through testimony, documents, records, and other admissible information, is what many cases ultimately turn on. Understanding how evidence works in a custody matter can help parents avoid costly mistakes and better prepare for litigation in both Family Court and Supreme Court divorce proceedings. In this post, a Syracuse custody attorney explains what you need to know.

When parents are involved in a custody dispute, many assume the case will come down to who is “telling the truth.” While the credibility of the parties is important, evidence, what can actually be proven to the court through testimony, documents, records, and other admissible information, is wha...

05/13/2026

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 between contested and uncontested divorce can help you make informed decisions about how to move forward. In this post, a Syracuse divorce attorney explains what you need to know.

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 cou...

05/13/2026

Few areas of New York family law create more confusion, and more emotional conflict, than grandparent visitation. Many people assume grandparents automatically have “rights” to see their grandchildren. Others believe parents can always cut off contact without consequence. The truth is more nuanced. Under New York law, grandparents do have the ability to petition the court for visitation in certain situations. But they do not have an automatic right to court-ordered access, and courts must balance any request against a parent’s constitutional right to make decisions about their child. In this post, a Syracuse grandparent rights attorney explains what you need to know.

Few areas of New York family law create more confusion, and more emotional conflict, than grandparent visitation. Many people assume grandparents automatically have “rights” to see their grandchildren. Others believe parents can always cut off contact without consequence. The truth is more nuanc...

05/12/2026

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 moving with your child or if your co-parent has announced plans to relocate understanding this legal framework is essential. In this post a Syracuse divorce attorney explains what you need to know.

https://www.paultortoralaw.com/post/can-i-relocate-with-my-child-after-divorce-in-new-york-understanding-the-tropea-v-tropea-framewor

05/10/2026

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.

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. I...