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New York City Divorce Legal Blog

Reasons you may request a divorce in New York

When filing for divorce in New York, it's required that you state the grounds on which you're seeking to dissolve your marriage. You cannot mark down just any reason, but instead must choose one among seven different legally acceptable options that are allowable under Domestic Relations Law (DRL) §170.

Perhaps one of the most common reasons spouses request a divorce is because they deem their marriage to be irretrievably broken down. This option is commonly referred to as a no-fault divorce. In order to be eligible to file for a dissolution of your marriage under DRL § 170 (7), you must be able to prove that the breakdown in your relationship has lasted in excess of six continuous months.

Factors that impact whether you'll retain custody of your child

In determining which parent should be awarded custody, a judge's decision will center around what's in the best interest of the child. In doing so, he or she will look at a number of aspects of the parents' lives and their relationship with their child in hopes of making a decision that will best allow the child to live a happy and productive life.

When it comes to making parental assessments, the judge will focus on determining which parent has the financial means to adequately provide for the child's basic essentials such as food, shelter, clothing and medical care. Because research has shown that children thrive in more stable environments, judges tend to spend significant time in attempting to understand which parent is both physically and mentally stable as well.

What constitutes a legal separation in New York?

In moving forward in filing for divorce, couples are required to draft a Separation Agreement. Courts think of this document as a type of spousal contract whereby both parties agree to certain conditions as the grounds for settling their divorce.

This is why it requires that both spouses collaborate in drafting this document and signing it. If a spouse either cannot be found or is having difficulty in agreeing with his or her ex, then other legal avenues may have to be pursued to ultimately be granted a divorce.

4 Basic Rules Of Successful Co-Parenting

When a marriage ends, there are sometimes unresolved and negative feelings that linger between exes. If you and your ex have children together, it’s especially important to find a way to work through these issues and remove any barriers to developing a healthy co-parenting relationship.

While every divorce and co-parenting relationship is unique, the following are four basic guidelines that divorced parents should do their best to observe.

Understanding how remarriage impacts child support payments

Among one of the more common questions that family law attorneys get asked is whether child support obligations will be impacted by remarriage. While, as a general rule of thumb, a parent's new marriage does not impact the amount of child support they're responsible for paying, there are some circumstances under which the new spouse's finances may be adversely impacted.

If the child support paying parent remarries, while his or her own personal income can be tapped or garnished to pay both current and outstanding child support, the same does not hold true for that individual's new spouse. A judge is also not allowed to take into consideration the non-parent's wages in determining how much spousal support should be awarded either.

Understanding the difference between prenups and postnups

Asking your future spouse to sign a prenuptial agreement right before you're set to walk down the aisle can cause conflict at what's supposed to be an optimistic time. While the thought of asking your significant other to sign either a prenup or postnup might make you cringe, if it has to be done, there are pros and cons to pursuing both.

Prenups and postnups are most often requested by a more financially solvent spouse of their eventual spouse. It's pursued as a way for one spouse to protect his or her financial resources, real estate and other assets should the marriage ultimately not work out. They've become increasingly more popular in the past few decades as divorce rates have surged as high as 50 percent.

Spring and summer are the prime seasons for divorce, studies show

A recent study presented by the American Sociological Association (ASA) suggests that spring and summer months are the prime time for filing for divorce. More specifically, March to April is when attorneys are more apt to have clients come to them and request their help in filing a divorce than any other time for the year.

As for why this may be the case, the study's authors pointed out it may have to do with a couple's efforts to save face during the holiday season, a period which they point out has a culturally sacred significant role for many. At the same time, it's during this period that it's argued that couples are perhaps most apt to recognize their differences as well.

Describing and Quantifying Intellectual Assets In Prenups

A recently published report shows that more and more millennials are asking their significant others to sign prenuptial agreements to protect their intellectual assets before they walk down the aisle. If we think of a marriage as some type of contract in itself, this growing trend shouldn't come as a shock to most.

While ideally parties to a marriage enter into it with the expectation of it lasting long term, statistics regarding divorce rates don't show this to be the case. Having a prenup in place ensures that partners in a relationship protect their assets so that they can have something to fall back on if their relationship ultimately ends.

How child support is calculated in New York City

While ideally both parents would arrive at an agreement about child support and not need external parties to make the determination, unfortunately, that doesn't happen terribly often. It's in situations like those that there is a specific mathematical formula used by the City of New York to determine child support required in a particular case.

In calculating the child support that is owed by one parent to the other, the pay that both parents bring in are combined and certain deductions are made. This result is then multiplied by a pre-designed percentage dependent upon the amount of kids the non-custodial parent is responsible for supporting. What results is a prorated amount of child support that is awarded respective to each parent's incomes.

When you can't agree on custody arrangements in Florida

When two parents must create a parenting plan for jointly raising a child together, the process can become quite draining. It is common for many parents to attempt to come to an agreement about custody but find that they are unable to do so. In cases like these, Florida law provides a process for determining a custody plan with the guidance of a court.

In the absence of an agreement of between you and your child's other parent, you will probably need to go before a judge to have your custody dispute resolved. In your custody hearing, the judge has the responsibility to determine the custody arrangement that will most benefit the child at the heart of the conflict. The court is bound to create a custody arrangement that addresses all of the child'd needs in the best way.

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