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Posts tagged "Divorce"

Elements of a divorce: when a settlement agreement makes sense

Divorces in and of themselves can be challenging enough for all involved. The thought of having to go through a trial may be more than some New York residents going through a divorce can bear to even consider. For these individuals, out-of-court settlements may be a better way to go.

The differences between an annulment and a divorce

Some New York couples who are ending their marriages might qualify for an annulment and not even realize it. In short, a valid marriage is dissolved by a divorce, while an invalid one is erased by an annulment. An annulment basically makes the marriage contract null and void. Therefore, a marriage that has been declared invalid never existed legally, so neither party can rightfully say he or she was formerly married or has an ex-spouse.

Can a divorce settlement protect against future credior claims?

Choosing to end one's marriage is a difficult decision with which comes the challenging task of strategically separating assets. How assets are ultimately divided in a divorce can have a major impact on one's financial future. Some divorcing couples in New York and elsewhere may believe that the party to whom property is granted will be held solely responsible for that asset moving forward -- such as a shared mortgage. Unfortunately, this is not necessarily the case.

When to consider getting a lawyer in a New York divorce

To some New York residents, the very word divorce can bring to mind high drama and stories that would make any war stories of their grandparents pale in comparison. Others may think of people whose divorces were, comparably, quite simple. Whether a divorce is more or perhaps a bit less complicated depends on several factors, including the personalities of the parties involved, what's at stake and how much each party relies on attorneys and the court to solve their problems.

Is a lump sum alimony payment better?

Some New York parents may get frustrated with making monthly alimony payments. Some may wonder if there is a way to avoid them altogether, as the potential consequences for missing a payment can be severe. Others may wish to avoid making monthly alimony payments simply because they wish to move on with their lives.

How to answer a divorce petition

When a divorce petition is filed with a New York court, the petitioner -- typically via his or her attorney -- ensures that it is served. Legally, this means that the divorce petition has been delivered to the other spouse. The spouse who has been served this is known as the "defendant" or "respondent" in the divorce process. The defendant must answer this petition within an allotted amount of time -- usually around three weeks.

When getting remarried, many consider prenuptial agreements

Many individuals in New York who have been married before may now be considering getting remarried. If so, they are not alone. In 2013, around four in 10 of all marriages included one partner who had previously been married, while two in 10 were between individuals who had both been married before, according to a recent Pew Research Center study. Whether getting married for the first time or getting remarried, prenuptial agreements are often figured into the plan.

The differences between divorce and legal separation in New York

When a New York resident's marriage is failing, there are likely many things running through his or her mind. If neither party can make it work, either one or both parties may decide to either become separated or divorced. What's the difference between the two? In a divorce, the individuals' marriage is ended, while in the latter, they remain married.

What divorce can and cannot do

Many New York individuals only have second-hand experience with divorce. However, no amount of second-hand experience can ever prepare someone for what a divorce truly entails. Several aspects have to be considered when dissolving a marriage, including establishing how property should be divided, finding new living arrangements and possibly not seeing one's children as frequently -- the ramifications of divorce are not to be taken lightly. Therefore, it is prudent to understand what a divorce can and cannot do in order to set realistic expectations for the process.

Child support and taxes: how it affects noncustodial parents

Income, as well as child custody arrangements, are both considered significant factors when the amount of child support awarded is determined as well as the resultant tax obligations for income tax. Since income, custody and child support are all closely connected, responsibilities for child support can affect the noncustodial parent once it is time to do taxes. This article answers some of the more typical questions that noncustodial parents in New York might have regarding how child support will affect them come tax time.

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