Divorce can be a difficult and strenuous process that may lead to contentious issues along the way. Some of the issues that arise during divorce proceedings can be attributed to self-employment. In order to mitigate the risk of forthcoming divorce issues due to self-employment, it is important to consider the following:
- Ensure the protection of your assets and resources;
- Consider hiring a financial expert; and
- Think about getting a post-nuptial agreement.
Continue reading “Important Tips for Getting Divorced While Self-Employed”
While it is important for children to have a relationship with both of their parents, there are circumstances, such as dangerous or abusive behavior, when it is not in the best interest of a child to see a parent. In these instances, a parent can be legally prevented from having contact with a child. However, it is not a simple task and should not be taken lightly. Continue reading “Legally Preventing A Parent From Communicating With Their Child”
When establishing an equally shared parenting plan (50/50 parenting plan) it is important to develop a plan that is viable and will offer the most meaningful relationship for the children. In today’s society, many separated or divorced parents wish to be equally involved with their children’s needs, interests, and lives. A parenting plan that is 50/50 can be created through a multitude of ways. However, it must be developed through negotiation and compromise. It is important to remember that the plan must conform to the needs and best interests of the children. It is important to be familiar with and understand the difference between sole custody and joint custody prior to establishing a parenting plan. Working together with a legal professional to establish a plan is often key to a successful parenting plan. Continue reading “How To Establish A 50/50 Parenting Plan”
An individual going through a divorce must disclose a material change in facts during settlement negotiations, otherwise, it may invalidate a settlement provision. On May 11, 2017 the Appellate Division, Third Department invalidated a paragraph of a divorce settlement separation agreement. The court remanded the matter to address the proper equitable distribution of funds.
Continue reading “Make Sure To Disclose All Financial Information During Divorce Negotiations”
Getting divorced can be a very complex process. Divorce may involve the division of assets as well as custody negotiations. Today, custodial disputes over pets are also very common. In five years, the number of divorce cases involving a dispute over pets increased by 27 percent, according to the American Academy of Matrimonial Lawyers. Among these cases were disputes over animals such as dogs, cats, snakes, and parrots, among others.
Continue reading “Custody over Pets”
In New York State, the law provides for an “equitable distribution” of assets and liabilities that were accumulated throughout the duration of a marriage. The majority of the accumulated assets obtained during the marriage are considered to be marital with a few exceptions. The first step in determining equitable distribution is to evaluate the total assets and liabilities. If an individual is considering filing for divorce, it is important that he or she determines what constitutes marital and separate property as early as possible.
Continue reading “Equitable Distribution”
When individuals are in the middle of their divorce proceedings, filing taxes may be the last thing on their minds. However, many who are in the midst of a legal divorce may have similar concerns when it comes to how they file their taxes. Do I file jointly or separately from my spouse? If we file jointly, how should the refund be paid to each party?
Continue reading “Filing Taxes While Going Through a Divorce”
Over the last two years, New York State has enacted new legislation, forms, and rules aimed at providing more efficient and effective adjudication of matrimonial matters. Parties of matrimonial actions in New York Supreme Courts now have a greater access to legal services and more protection of confidential information. In 2016, the changes accounted for a significant change in the process and the practice of matrimonial law in the state.
Continue reading “2016 Provided for Many Changes in New York State Matrimonial Matters”
Sometimes an individual seeking a divorce has trouble serving their spouse with divorce papers. A Manhattan Supreme Court has ruled that Facebook may be used to serve a spouse via private message.
Continue reading “Historic ruling allows wife to serve divorce papers through Facebook”
A divorce is considered contested if either you or your spouse do not want a divorce, disagree about the legal grounds for the divorce, or disagree about what will happen with your children, your finances, or your property after the divorce.
Contested divorces generally necessitate the court to decide issues that you and your spouse disagree about. Because the judge presiding over your case will require detailed information to decide the issues you disagree about, your contested divorce will require you and your spouse to go to Court numerous times. A contested divorce can be very expensive because attorneys are typically paid by the hour. In addition, these types of divorces can be very stressful for the parties involved, and the process can take months or even years to resolve.
Conversely, a divorce is considered uncontested if two factors are met. First, you and your spouse both want to get a divorce. Second, both you and your spouse agree about what will happen with your children, your finances, and your property after divorce.
An uncontested divorce provides a few advantages. An uncontested divorce is relatively inexpensive, less stressful on the parties, and typically can be resolved within several months. Continue reading “What Is the Difference Between a Contested and an Uncontested Divorce?”