Resources
Simple legal guides.
General information to help you understand common legal questions in New York. It is not legal advice. Every situation is different, so please get advice about your own circumstances.
Divorce & family law basics
Contested vs. uncontested divorce
An uncontested divorce is one where both spouses agree on all the key issues: property, debts, support and arrangements for any children. It is usually quicker and less expensive. A contested divorce is one where the spouses disagree on one or more issues, which are then resolved by negotiation or decided by the court.
Custody terms explained
Legal custody is about who makes major decisions for a child, such as education and health care. Physical custody is about where the child mainly lives. Parenting time (often called visitation) is the schedule for time with the other parent. Courts focus on the child’s best interests.
Getting ready for a consultation
Bring any court papers you have received, recent pay stubs or tax returns, a list of major assets and debts, and your questions. Write down key dates: when you married, when you separated, children’s dates of birth. It helps to think about what a good outcome would look like for you.
Immigration basics
Key immigration terms
Petitioner: the U.S. citizen or permanent resident who files a family petition. Beneficiary: the relative being sponsored. Adjustment of status: applying for a green card from inside the United States. Consular processing: completing the process at a U.S. consulate abroad. Naturalization: the process of becoming a U.S. citizen.
Protect yourself from immigration fraud
Only licensed attorneys and accredited representatives may give immigration legal advice. Be cautious of “notarios” or consultants who promise results or ask you to sign blank forms, and keep copies of everything you file.
Real estate basics
The main steps in a New York home purchase
After your offer is accepted, the seller’s attorney usually drafts the contract and your attorney reviews it. Once the contract is signed and the down payment is in escrow, the title search, survey and mortgage process follow. When everything is clear, the parties close: documents are signed, funds change hands and the deed is recorded.
How you hold title matters
How a home is owned (for example jointly with a right of survivorship, or as tenants in common) affects who owns it after a death. It is worth thinking about this, and about your will or trust, whenever you buy or transfer property.
Wills & trusts basics
The core planning documents for every adult
Most adults benefit from a will (who inherits and who is in charge), a power of attorney (financial decisions if you can’t make them), a health care proxy (medical decisions if you can’t make them) and a living will (your wishes about medical treatment). It is also worth checking the beneficiary designations on life insurance and retirement accounts.
What does an executor do?
An executor is the person named in a will to manage the estate. Their job typically includes applying to the Surrogate’s Court, collecting the assets, paying debts, expenses and any taxes, keeping records and distributing what remains to the beneficiaries. It is a responsible role, and executors can get legal help along the way.
A short glossary
Beneficiary: someone who receives property under a will or trust. Executor: the person named in a will to manage the estate. Administrator: the person appointed by the court when there is no will. Intestate: dying without a valid will. Probate: proving a will in court. Surrogate’s Court: the New York court that handles estates. Fiduciary: someone legally responsible for managing property for others.
Revocable vs. irrevocable trusts
A revocable trust can generally be changed or cancelled by the person who created it, and is often used to manage assets and avoid probate. An irrevocable trust generally cannot easily be changed once created, but may offer benefits for asset protection or long-term planning.
Wills vs. trusts
A will takes effect only after death and generally goes through probate. A funded living trust can manage assets during your lifetime, if you become incapacitated and after death, often without probate for the assets it holds. Many families use both.
In an emergency, call 911. The New York State Domestic and Sexual Violence Hotline is available 24/7 at 1-800-942-6906.