When two parents get divorced or separated, one of the most difficult decisions that must be made is determining where their child will live. For many parents, custody is a complicated subject, especially when the child is old enough to express their preference of who they want to live with.…
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Deciding to file for divorce can be a complex and overwhelming decision, made even more stressful by the idea that your spouse will not agree to end the marriage. However, take comfort in knowing that you can get a divorce without your spouse’s consent under New York state law. This…
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Filing for divorce is often an emotionally tumultuous and stressful process, but knowing what paperwork is needed can help you manage the experience. The exact documents you need to file for divorce can vary based on your jurisdiction and the type of divorce you are filing for. Understanding what is…
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When there is trouble in a marriage, it can be frustrating and discouraging. Filing for divorce is overwhelming but often necessary for both spouses to move on with their lives. Sometimes, decisions like filing for divorce can be made in the heat of the moment or if the individual truly…
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When a marriage is not working out but the two spouses are not ready to pull the trigger on divorce by filing an official complaint, they may decide to separate for a period of time and use the distance to determine if they want to work on the relationship or…
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A financial affidavit is one of the most important documents required during a divorce case. This statement ensures that both parties have fully disclosed their assets and debts to ensure an equitable distribution of both. If you are preparing for the termination of your marriage and have questions or concerns…
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When a marriage ends in either separation or divorce, an important question that is often overlooked is whether or not you can keep the gifts you received during the marriage. Asset division is often one of the most contentious issues in a divorce and determining how to separate the physical…
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As a custodial parent in New York, you are afforded many legal rights and responsibilities regarding the upbringing of your child. Custody laws are designed to ensure that the best interests of the child are protected while also keeping in mind the needs and rights of both parents. If you…
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If you wish to get a divorce in New York, you must first understand the legal requirements and whether or not you meet the criteria. Continue reading and work with a knowledgeable Suffolk County divorce attorney for representation and legal advice. What Are the Legal Requirements to Get a Divorce…
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Property division is often one of the most contentious topics during a divorce. Splitting up the entirety of shared marital assets and debts can lead to arguments and disputes, particularly when the property is something of high monetary or sentimental value like a vacation home. Vacation homes can hold special…
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Prenuptial agreements are important documents that can greatly benefit both parties in a marriage and help to avoid conflict and disputes in the future. However, like any contract, it requires specific rules and regulations to be considered legal and enforceable. A prenuptial agreement can be challenged in court for various…
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Divorce can be challenging both emotionally and financially for the couple. One of the many challenges that arise during the course of a divorce is the issue of how to handle joint debts. The separation of debts during a divorce is often complex and there may be confusion regarding who…
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If you have been abandoned by your spouse you may feel any range of emotions from despair and sadness to anger to indifference. Regardless, abandonment is a valid reason to file for a fault-based divorce in New York. It is essential that you understand what is considered abandonment and how…
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Divorce is often a stressful and emotionally overwhelming time, so it makes sense that you may want to get the process over and done with as quickly as possible. There are ways to quicken the process, given that certain conditions and criteria are met. While it is difficult to get…
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Divorce is a challenging and emotional process, but when children are involved it can become even more complex. When parents live in different cities, states, or even countries, custody arrangements can be complicated. If you are in a long-distance divorce it is important to understand how child custody and parenting…
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Having difficult conversations is never fun but often necessary. During an engagement period, some couples decide to sign prenuptial agreements to establish how certain financial matters will be handled if the marriage ends in a divorce. It can be uncomfortable and hard to bring up this topic as prenups have…
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The divorce agreement is arguably the most important document created at the termination of a marriage. This document establishes rules and regulations for the couple moving forward on various topics. Whether it is done intentionally or unintentionally, if your spouse violates the divorce agreement it is important that you understand…
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Getting divorced is often overwhelming and emotional, especially if it comes out of the blue. If your spouse filed for divorce unexpectedly it is important that you remain calm and learn about your legal rights and options. Understanding what next steps to take can help you be prepared for the…
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Divorce can be an overwhelming and emotionally draining experience, especially when children are involved. An issue that often arises after a divorce is one parent moving away. If you are considering moving post-divorce it is crucial that you understand how relocation can affect your custody agreement. Contact a Long Island…
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Although divorce is traditionally settled in a court at the decision of a judge, several alternative options have become popular in the past few years. Mediation has fast become an advantageous way to settle the various issues involved in a divorce. If you are considering mediation sessions for your divorce…
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Divorce and custody battles are often overwhelming and stressful processes. This is made even more true when the relationship between you and your children begins to change. If your children’s other parent is using parental alienation against you, you must understand how to deal with it and protect yourself and…
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Getting divorced is never easy. In addition to the emotional turmoil and conflict, various decisions must be made in terms of separating the lives of the couple. If one spouse was in the military, there are additional considerations regarding benefits and assets. It is important for both spouses to understand…
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Sole or full custody means that one parent is given physical and legal custody of the child. It is hard to get sole custody in New York where courts try to allow children to maintain relationships with both parents after a separation or divorce. However, that may not be in…
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An engagement ring is viewed as a symbol of love and a couple’s commitment to one another. However, when a marriage ends in divorce, it begs the question: who keeps the engagement ring? For legal advice and representation during your divorce, reach out to a skilled Suffolk County property distribution…
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Alimony, also known as spousal support, is a financial obligation that one spouse may have to the other after a separation or divorce. In general, support is paid to avoid financial devastation for a spouse who may have a lower income or earning capacity. There are several types of spousal…
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Property division is a crucial component of a divorce. It affects both parties as well as their financial statuses and futures. With the right mediator and open communication, property division and other decisions can be expertly handled through divorce mediation. Work with a Suffolk County property distribution lawyer to learn…
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Child support is a monthly payment that one parent makes to the other after separating or divorcing. This money is generally court-ordered and legally required to be paid. Child support allows both a custodial and noncustodial parent to contribute financial support to their child’s growth and development. For tax purposes,…
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Child support payments are designed to ensure both parents are financially contributing to their child’s expenses even after a separation or divorce. As children get older, their expenses start to change. Child support payments in New York generally do not explicitly cover car insurance for a teen driver. However, every…
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When two parents decide to separate or divorce, one of the most important factors to keep in mind is the well-being of the children. In many states, child support payments are required and do not end until the child turns 18 years old. For more information on New York’s laws…
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Child support arrangements can be beneficial to both parents and especially the child. The money allows the custodial parent more resources to raise the child and provide them with the things they need. A common concern that parents have is whether or not child support is enough to cover specific…
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A divorce consultation is a meeting that occurs between an individual who wants to file for a divorce and an attorney who can help. Hiring a lawyer to handle your divorce is a big commitment. Who you choose to represent you can influence the outcome of your case. It is…
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Parents and guardians have certain rights and responsibilities regarding their children. While under their care, they must financially support them and provide them with an education, home, food, and more. Every state has its own laws regarding when a child is considered legally emancipated. It is important for both minor…
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The first step in terminating your marriage is filing an official petition for divorce. Part of this process is serving your spouse with the divorce papers. The documents will include the grounds that you are filing with and your requests for property division, alimony, child custody, and more. But what…
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When a marriage ends one of the most important legal documents that is created is the divorce decree. It is crucial that you understand what a divorce decree is and the importance of its contents. For representation during your divorce contact an experienced Suffolk County, Long Island divorce lawyer. What…
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Spousal support is a common factor when a marriage ends as many divorces require the higher-earning spouse to continue financially supporting their ex. Spousal support can be modified under certain circumstances but it depends on a variety of factors. Speak with a Suffolk County alimony lawyer for more information and…
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The legal process of getting a divorce is often complex and overwhelming. Those who are seeking an uncontested divorce will generally have a quicker turnaround than others, but how long does it really take? Work with a Suffolk County uncontested divorce lawyer for more information and skilled representation during your…
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Once you have decided that your marriage is over you need to file for divorce. However, understanding the requirements for the termination of the relationship is crucial. New York generally does not mandate how long you must be separated from your spouse to get a divorce but certain grounds will…
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Divorce can be an overwhelming process both emotionally and legally. It is important to understand the initial steps so you are able to navigate the situation with confidence. Understanding the first step in the divorce process is crucial to ensure you begin the proceedings on a positive note and avoid…
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When couples separate or divorce it impacts every aspect of their lives, especially when they have shared children. It is a common misconception that child support payments are meant to provide additional support to a former spouse, similar to alimony. Child support is designed for a noncustodial parent to financially…
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A prenup can benefit both individuals in a marriage, ensuring their rights and assets are protected. While many subjects can be addressed in this document, issues pertaining to shared children are generally not permitted. Any attempt to include child custody in a prenup will generally be overruled during the divorce…
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When a couple with children decides to separate or divorce, there must be an agreed-upon plan for child custody and child support. A New York court will always make custody decisions based on what is in the best interest of the child. Contact a Suffolk County child custody lawyer to…
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Determining child custody and support during a divorce or separation is stressful. The issue can be made more overwhelming when a child with a disability is involved. Because of the additional resources required to ensure a special needs child can grow and develop properly, child support works differently than with…
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Child support payments are calculated based on each parent’s income, earning ability, and the amount of custodial time each parent has. For information regarding your parenting rights and child custody plan, contact a skilled Suffolk County child support lawyer today. What Types of Custody Exist? When a couple with shared…
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Generally states make divorce records open to the public. This can be seen as positive or negative depending on your stance. If privacy is important to you then you likely do not want the intimate details of your divorce available to anyone who may wonder about them. New York state…
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Many states require a waiting period between the time that a person files for divorce and when a hearing can take place. Luckily for New York couples, state law does not dictate any waiting period before a divorce can be finalized. With that being said several factors impact the length…
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Certain states have begun to require couples and families to attend mediation sessions before resorting to litigation. Mediation can be beneficial in divorce cases and child custody disputes. Speak with a Suffolk County family law attorney to discuss your options for dispute resolution. What is Mediation? Mediation is a dispute…
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Alimony may be awarded during some divorces to ensure that a lower-earning spouse is not left financially destitute after the marriage comes to an end. Divorced couples may wonder if alimony is permanent or how long the obligation will last. Spousal support laws will vary depending on the state you…
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There are many decisions that need to be made when a couple decides to get divorced. Besides child custody one of the most important decisions that must be addressed is the division of property. Whether it is a family home, cars, jewelry, artwork, etc. property must be split between the…
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Alimony is a complicated subject for many spouses. Many factors can affect the amount of alimony a spouse is awarded, including whether or not the couple has any children. For help ensuring your rights are protected during your divorce work with a skilled Suffolk County alimony lawyer. What is Alimony?…
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Child support payments can be costly depending on the state you are in and your child’s needs. While these payments are sometimes a significant amount of a noncustodial parent’s income, child support is not considered taxable. Contact a Suffolk County child support lawyer for more information on your parental rights…
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A 401k plan is a tax-advantaged retirement account that many employers offer their employees. Employees can sacrifice a portion of their salary to the account and employers may match the contribution or at least a percentage of it. 401ks are beneficial and help many United States citizens save for retirement.…
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College degrees are often required for certain jobs across the country. While they are necessary and the college experience can be exciting and fun, attending a two or four-year university can be expensive. Many students have to take out loans or work several jobs to make ends meet while pursuing…
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When two people decide to get married, they are committing to combining their lives as one. This can be exciting, but it is important to think about the future and protect yourself. While many criticize prenuptial agreements for being unromantic and setting the marriage up for failure, they can benefit…
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Divorce can be a source of stress and uncomfortable feelings for many people. It is never easy to separate yourself from someone who you thought you would spend the rest of your life with, but for some couples, it is the best choice. In addition to these feelings, a major…
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Many couples who are going through a divorce disagree on nearly every topic. One thing they may have in common, though, is the knowledge that litigation for their divorce can be costly and time-consuming. There are alternative methods to settle the details of a divorce, such as mediation and collaborative…
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Divorce can be a long and grueling process. When two people’s lives are so intertwined, deciding to end the relationship and divide your lives can be complex. Many factors need to be considered when going through a divorce. Who will get what assets? Who will get custody of the children?…
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Retirement can come with many perks but also many disadvantages. As a United States citizen, when you reach a certain age and are retired you will be eligible to receive retirement income in the form of social security payments. If your spouse made a significantly higher income than you their…
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Going through a divorce is often difficult emotionally and complicated to navigate. The spouse who files for divorce first is known as the petitioner. Some jurisdictions in New York allow both spouses to file jointly, meaning there is no petitioner, but some may wonder if the petitioner gets any special…
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Most people enter into a marriage with the best of intentions. They imagine spending the rest of their life with their spouse, growing old together, maybe having children. However, even the best laid plans can go awry. It is widely accepted that about half of all marriages in the United…
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Child support payments are important for a separated couple to agree on for the benefit of their child. The money from child support can be used for their education, healthcare, childcare, food, clothes, and any other needs that are important to the development and growth of the child. Payment plans…
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Addiction is an unkind disease. The use of drugs and alcohol can negatively affect a marriage and family in many ways. When one spouse’s actions get out of control, divorce may be the only option. If you are getting divorced because of substance abuse, contact a Bohemia, NY divorce attorney…
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If you were the higher-earning spouse in your separation or divorce you may have been paying court-ordered alimony to your ex since then. But what happens if you can no longer afford the required alimony payments? If you need a modification for your divorce agreement and spousal support payments, contact…
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If you are going through a divorce or about to begin the process, you are likely thinking about how the divorce proceedings will go. You may want to weigh your options before deciding to go to court and have a judge rule on the details of your relationship. Mediation is…
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Financial windfall refers to someone coming into a large and oftentimes unexpected sum of money. It can range in amount from hundreds to millions of dollars. You may have thought the amount was going to be lower or you may have been unaware that the money was coming, but either…
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If you own a home with your spouse you probably have been dealing with a mortgage since you moved in. Now that you’re going through a divorce you might be wondering how to split up your family home and the mortgage. Divorces can be complex to navigate financially and emotionally.…
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Divorce can be stressful and complicated as you navigate your new single life while determining your rights and distributing assets. A prenuptial agreement can help greatly with the fallout of a divorce, especially when dealing with alimony. Alimony is financial support that one spouse may owe the other if they…
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Divorces or separations in general can be a harrowing, stressful experience. When you add a child to the mix it can become messier and sometimes even hostile. In New York courts, the goal is to keep in mind the best interest of the child. If one parent makes significantly more…
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In New York, and all states, child custody is decided based on what is in the best interest of the child. Everyone’s goal is to determine what situation will benefit the child most. This will take into account the parent’s ability to take care of the child, mental health, history…
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Alimony is also called spousal support or spousal maintenance. When this is ordered by a court, the payor is legally bound to send the payee the indicated amount on the schedule indicated. As such, there are legal consequences (remedies for the payee) when the payor refuses to make their alimony…
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When a relationship between spouses breaks down, neither of you wants to cause your child harm. As far as New York state administrates divorce matters, the primary concern of the law is the well-being of the children. Courts, just like parents, believe that absent extreme situations like abuse, it is…
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Figuring out our taxes is always something of a headache, with the numerous federal and state laws. One factor that you may be thinking about is the effect of alimony or spousal support on your taxes, whether you pay alimony and want to deduct it from your taxes or you…
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Custody, generally speaking, is being legally responsible for taking care of and making decisions for your child while they are under 18 years of age. This article will address what custody is with a focus on joint custody, given that joint custody is as frequent a result as it is.…
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No matter how amicable you and your spouse may be, divorces are always complicated, even the simplest ones. This is doubly true when children are involved. As difficult as it may be, it’s important for you and your spouse to cooperate if you truly want the best for your child.…
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Thirty-six states had recognized same-sex marriage before the landmark Supreme Court case Obergefell v. Hodges, 576 U.S. 644 (2015) made it nationwide law. New York was among those states, in order the sixth state to recognize same-sex marriage with its 2011 Marriage Equality Act. Since then, married LGBTIA+ couples in…
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When you finally resolve to get a divorce, it is very often after long, difficult conversations with yourself as much as with your spouse. These are not decisions people make lightly, and only you know how much you’ve struggled with your ultimate conclusion by the time you start the process…
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Divorce is always a highly complicated process. It involves a careful balancing of ruptured emotional bonds with legal responsibilities. Moreover, from property division to child custody, there’s quite a lot for the former couple to discuss and negotiate. For this and other reasons, it’s always best to hire a lawyer…
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If you are in the process of preparing yourself for a divorce, you should take some time to review common mistakes, which might become an obstacle for you during the proceedings. Even a small error can be very costly when it comes to your relationship with your children or your…
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In any divorce proceeding, a big concern for the court is the best interest of the child. As a parent, you yourself are likely very concerned about how to organize a new, divorced life ahead of you and how to best show up for your child in these changed circumstances.…
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Domestic violence can leave profound and lasting scars for those who experienced it as well as their loved ones who witnessed it happen. Given its gravity, domestic violence can be grounds for divorce. Keep reading to learn how domestic violence affects divorce and alimony in New York state. And if…
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If you are a grandparent and you have a good relationship with your grandchild, or you were never able to develop a relationship with them because their parents prevented it improperly, you may have the right to a legal remedy. New York allows grandparents to request visitation rights, but to…
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Although prenups can be sensitive topics to bring up, there are enough benefits to one that it is a worthwhile topic to discuss. In this blog post, we’ll look at what a prenup even is, when it would be most useful, and what factors might end up invalidating one. If…
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Terminating parental rights can be very difficult to do, even voluntarily. With the termination of parental rights goes legal responsibility for a child. Read on to learn more about the situations in which courts would allow termination and its impact on child support. If you find yourself struggling with either…
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If you make more money than your ex and have custody of your child, you may wonder whether your ex will still have to pay child support. The answer, in short, is yes, though how much depends on New York statutory law, case law, and a specific formula. The reasoning…
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While some couples calmly agree on the myriad of new questions a divorce will pose, spouses who are considering divorce may also find themselves unable to communicate healthily. In New York and many other states, financial options during a divorce will be very different depending on whether the divorce is…
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Some of our clients do not realize that there are other ways to settle some of the most important debates in their divorce outside of court. One popular option is mediation, and it can be used to help couples come to an agreement on a variety of issues. A mediator…
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Living with a financially irresponsible spouse can be stressful, and it can mess up your own financial goals. If you have children, your spouse’s lack of care could even jeopardize their futures. It is no surprise that many people choose to divorce spouses who cannot commit to managing their money…
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A prenuptial agreement is mostly designed to protect assets. It covers what kind of assets each spouse will leave the marriage with if they divorce. What this agreement cannot do is issue any kind of legally binding mandate on what will happen if the couple has children and custody needs…
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There are many factors that a court considers when child custody agreements are being negotiated. The financial stability of a parent can certainly affect the discussion, but custody agreements are rarely decided on that alone. If you are worried that you will not be seen as the most obvious choice…
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The financial needs and situations of each spouse are sure to factor in when a court decides on an alimony agreement, but money is not the only thing that matters. The court can actually consider a few other things before finalizing any alimony arrangement, and it’s wise to know what…
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You can keep some of your money in a separate bank account if you are getting a divorce. What you should not expect is that you will automatically get to keep that money. When assets are divided up in a divorce, what can be seen as marital property that needs…
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Property distribution can be one of the toughest parts of the divorce process. It can be difficult to figure out the most equitable way of distributing everything that you and your spouse have acquired during your marriage, and some assets that can be particularly difficult to deal with are rental…
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A spouse that commits emotional abuse is trying to break you down. They want you to feel trapped, but you are not trapped. You can get away from them by divorcing them. Our Nassau County divorce lawyers can help you. What Qualifies as Emotional Abuse? There are many different behaviors…
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If you and your spouse have any investments and stocks, they are going to be looked at just like any other asset. They will need to be divided up during the divorce process, and that means that you should do your best to make sure that you get your fair…
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Going through a divorce can be difficult for anyone, but going through a divorce when your spouse has an issue like gambling addiction can be even more difficult. You can be sympathetic to your spouse’s problems, but you also have to protect yourself. Here is what you should know about…
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You do need grounds for divorce when you file for separation from your spouse. If they committed adultery, that can seem like more than enough reason to divorce. The state does see it that way for the most part, but you might want to consult with a Suffolk County contested…
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A spouse with a substance abuse problem can be difficult to deal with. One who will not go through rehab or take other steps to be a good partner and parent often needs to be divorced. If you have exhausted other options, you have to think of your own safety…
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Getting a divorce can be rough on everyone involved. It may not seem like it when you are going through the process, but there are actually many potential benefits to going through this and coming out the other side with a renewed focus on yourself and your children, if you…
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There is no way to sugarcoat it. Co-parenting can be tough, especially in the beginning. You, your former spouse, and your children are all dealing with some major life changes and your new arrangements are going to be a big adjustment. Knowing how to deal with co-parenting issues in a…
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Most of the time, when a marriage ends and the couple has children, one parent is going to end up paying child support. This is not necessarily true in cases where one parent is actually a stepparent. If you have a stepchild and you get divorced, it is extremely unlikely…
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