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New York City Divorce Legal Blog

What do the current divorce and marriage statistics say?

The Centers for Disease Control and Prevention (CDC), works tirelessly to prevent a wide range of calamities, accidents and "bad things in general" from happening to the American public. It does this by analyzing statistics and issuing forth recommendations from experts to monitor the risks of certain bad things happening and lower the chance that these things will happen to you.

Among the many areas of focus for the CDC is, surprisingly, divorce. In the CDC's report titled "National Marriage and Divorce Rate Trends" -- which offers statistical figures up to the date of 2014 -- we can see how Americans are doing when it comes to marriage successes with the following stats:

  • In 2014, there were more than 2.1 million marriage commitments made in the United States, which means that 6.9 people out of every 1,000 got married. This is a good deal less than the year 2000, when the number was over 2.3 million, accounting for 8.2 out of every 1,000 people.
  • In 2014, 813,862 people got divorced, representing 3.2 people out of every 1,000. This figure is a good deal lower than the 944,000 people who got divorced in 2000, which accounted for four out of every 1,000 people.

Makes sure your postnup will hold up in court

Imagine you're experiencing problems in your marriage. Maybe your spouse was unfaithful to you and now he or she is trying to beg for your forgiveness. When you continue to refuse to drop the matter, your spouse suggests that you sign a postnuptial agreement. According to your spouse, the postnup will serve as a way of renewing your vows. It also offers a promise of fidelity, which if broken will result in you receiving a certain sum of money.

This kind of postnuptial agreement is more common than you might think, but is it legitimate? Will an agreement like this actually hold up in court, or will a judge rule that it's invalid if your spouse later decides to challenge it?

What are the requirements for summary divorce?

The worst part of any divorce proceeding is the legal complexity that's involved. If they're not navigated strategically, divorces can last a long time, they can be costly, and they can be very stressful for the spouses before they are finalized. For this reason, New York couples may want to review different divorce strategies that will speed up the process and make it less expensive.

A summary divorce one way to pursue a faster and cheaper divorce in New York. The benefits of summary divorce include:

  • Reduced paperwork
  • Reduced court appearances
  • Reduced negotiations between the spouses

Same-sex divorce still has a few wrinkles to iron out

One of the biggest issues occurs in the areas of division of property, child custody and spousal support. It has to do with how long a couple has been married.

The U.S. Supreme Court’s decision in Obergfell v. Hodges legalized same sex marriage in every state. But prior to that ruling, different states had different laws, some governing civil unions, some governing domestic partnerships, and in 13 states, laws forbidding same sex marriage altogether.

2 example child custody dilemmas

Your children are the most precious possessions you have. That's why the idea that you might not be able to live with them full time can be terrifying during a child custody dispute. It's also why some parents will fight tooth and nail, and not be willing to compromise an inch when it comes to custody questions.

If you're facing a child custody problem during your divorce, you'll want to consider where you stand before you decide to put up a fight. For example, let's take a look at the following scenarios and how a New York family court judge might decide the issue.

Could a postnuptial agreement save your marriage?

More and more married couples are signing postnuptial agreements. These marital agreements -- which are created during marriage -- are controversial. To some, however, they make a lot of sense. In fact, many couples would argue that, if it weren't for their postnuptial agreement, their marriages would be doomed.

Here's a common scenario in which a postnuptial agreement could be useful: One spouse cheats on the other spouse. The noncheating spouse is hurt, has lost trust in the other spouse and wants to get a divorce. The cheating spouse begs for another chance. The noncheating spouse agrees to stay, but on the condition that he or she gets child custody, possession of the family home and a special portion of the marital estate.

Are you really ready for divorce, or is it just a threat?

No matter which side of a divorce you happen to be on, whether it's your idea or your partner's, when the question of breaking up your marriage is on the table, you need to consider if you're truly ready for such a life-altering course of action. In fact, the idea of divorce might only be a threat, and a hollow one at that.

There are many reasons why someone might threaten divorce but not actually mean it. Sometimes, the person threatening divorce might not even realize that the idea doesn't have any legs. They're just using the threat instinctively as a means to gain control. Below are some of the main reasons for issuing such a threat.

What are the criteria for divorce?

It doesn't matter if your divorce is uncontested or contested. In the state of New York, you must prove that one of several things has happened in your marriage if you want your divorce to be approved by the court.

One of the following grounds for divorce must be true for you to finalize the dissolution of your marriage:

Talking to young children about divorce

Most school-aged children know what divorce is because they've heard about it from their friends at school. However, that doesn't make it any easier to tell your child that you and their other parent are parting ways.

By following some helpful tips, parents can navigate the divorce conversation with their young children in a way that helps them feel safe and loved. If your children are between the ages of 5 and 8, here are some useful approaches for talking about divorce.

How to ensure the other parent honors custody times respectfully

Divorced parents in New York City must arrive at the scheduled pickup times to get their children for custody exchanges and/or visitations. Failure to show up on time or forgetting to show up at all can be very inconvenient for the parent who is following the schedule.

In order to avoid having your schedule ruined and disappointing your child, divorced parents may want to include the following stipulations in their parenting plans:

  • Child exchanges will take place at the parents' residences or the child's school.
  • Transportation responsibilities will be shared equally by both parents. The parent starting parenting time or visitation is responsible for picking up the child at the other parent's home or at a previously agreed-upon exchange location.
  • Parents may not use third-parties to transport their children unless both parents have agreed it will benefit the child.

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