Visitation rights are often a contentious issue in any divorce where minor children are involved. Often, they cause just as many issues as arguments over child custody, and some people conflate the two issues, even though they are not one in the same. Here are five things you should know about visitation rights if you find yourself in this sort of dispute: Continue reading “Five Things You May Want to Know About Visitation Rights”
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.
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”
Generally, in a divorce, there are communal assets and separate assets. In New York State, all assets acquired during the course of a marriage are considered communal property. This is commonly known as shared property or marital property. Separate assets refer to property that is independently owned by one spouse. Today, distinguishing between separate property and the communal property has become more complex, due to more individuals having a significant number and range of assets.
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.
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.
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.
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?
The New York Times reports that the first case to test New York State’s new definition of parent is underway. On August 30, 2016 the New York Court of Appeals issued a monumental decision regarding the definition of “parent” in relation to visitation and custody determinations. The case of Brooke S.B. v. Elizabeth A. C.C., held that after a party proves “by clear and convincing evidence” that both parties had come to an agreement to conceive and raise a child together, then they will be deemed a “parent” in relation to seeking custody and visitation. Prior to the ruling, New York law held that only an adoptive or biological parent had the ability to seek custody or visitation.
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.