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Long Island Family Law Blog

Tearing the family apart can be avoided during divorce

When two individuals decide to dissolve their marriage, they may expect the process to be wrought with conflict and animosity. The reality, though, is that it indeed is possible to get a divorce and not necessarily tear the family apart. Some tips may help those going through divorce in New York to keep the marital breakup process as peaceful as possible.

First, a divorcing couple might want to focus on addressing child custody prior to tackling their financial situation. For instance, they can discuss the matter of legal custody, determining which parent gets to make decisions concerning the religion that the children will be taught, the education they will receive and the medical treatment they can get. In addition, they can figure out which parent will have physical custody, meaning that the children will live with him or her. Making these decisions early on may make future money talks during the divorce proceeding a lot more palatable for both parties.

Tips may help couples to make divorce process easier

Ending a marriage can undoubtedly be an emotionally exhausting and lengthy process. This is why it is easy for two people who are going through divorce to become hostile toward each other over the course of the divorce proceeding. Fortunately, there are steps that divorcing parties can take to make the process easier to deal with in New York.

First, it might be helpful for both spouses to discuss how exactly their divorce occurred. Knowing this and being on the same page regarding it may help them both to achieve closure in the matter. The various factors that might cause divorce range from job-related stress to infidelity and even health issues.

Divorce may stem from debt conflict in marriage

Various types of marital issues may result in the dissolution of a marriage in New York. However, in many divorce cases, the problems leading to the breakup of couples' marriages primarily have to do with money. Debt in particular can quickly drive two married individuals apart and spark even more conflict between them during their divorce process.

According to research, more than 50 percent of couples start their romantic relationships with financial debt. Furthermore, 40 percent of these couples claim that their financial stresses have an adverse impact on their unions. Couples who end up fighting about their finances increases their chances of divorce by 30 percent.

Postnuptial, prenuptial agreements can protect assets in divorce

When two people in New York get married, they naturally expect to stay married forever. However, financial issues can quickly ruin their marital union. For these reasons, putting together prenuptial agreements is generally a good idea for couples who are planning to enter marriage soon. For those who are already married but never created these legal documents, they can still create postnuptial agreements to protect their financial best interests.

The purpose of a prenuptial agreement is to spell out both parties' intentions regarding how their assets and earnings are handled during their marriage. However, this document can also dictate what happens to their assets if they decide to get divorced down the road. A postnuptial agreement likewise details how two people's marital property should be used during their marriage or divided in the event of divorce.

Child custody and the holidays may spark conflict post divorce

The emotional effects of divorce can easily persist long after the divorce has been finalized. This is especially true when the holidays roll around, and it is particularly the case for the parents of young children in New York. However, a few tips may help those dealing with the complexities of child custody and the holidays during a divorce proceeding.

Ideally, the children of divorce will be able to see both parents during the holidays. However, this is not always possible. Therefore, it is wise for both parents to come up with a parenting agreement, if possible, that includes specifics regarding the holidays. Having these specifics in writing helps to avoid chaos and confusion during the holidays, and it also makes it easier for the parents to keep the children out of the middle of the situation.

Certain signs point to the likelihood of divorce

Ending a marriage can certainly be a bittersweet experience. Although divorce allows two people to go their separate ways and pursue their own versions of happiness, the process of breaking up can also be emotionally challenging. Sometimes, though, divorce simply cannot be avoided. Here are a few indicators that two people are bound for divorce in New York.

In some cases, divorce happens because one person has lost the ability to trust the other party. Perhaps infidelity is the culprit, or maybe one spouse has not been forthcoming in the area of finances. Either way, counseling may not be effective enough to help keep the marriage intact long term.

Parents can make divorce easier on the children

The process of dissolving a marriage in New York can quickly take an emotional toll on the couple who are going through the marital breakup. However, if they have minor children who will be at the center of a child custody case, the process can also have an impact on them. Parents, though, can do a few things to help their children get through the divorce as emotionally intact as possible.

First off, it may behoove parents to share information about the divorce with the children. Keeping the marital dissolution a secret will only work for so long before the children uncover the reality about their parents' marital situation. Of course, it is important that parents' share information while keeping their children's ages, temperaments and maturity levels in mind.

Splitting of property may spark confusion during divorce

Going through the marital dissolution process can understandably be difficult emotionally. However, the process can also be tough financially, particularly if the two divorcing spouses have a large number of assets to divide. Here is a look at how the state of New York handles the division of property during a divorce.

New York is an equitable distribution state, so the property that two spouses share must be split in an equitable, or fair, manner during a divorce proceeding. This marital property can be any items that the two individuals accumulated through their work or their aptitude during their marital union. However, even though the two spouses have to split their marital property, they do not have to do this with their separate property.

Divorce rate on the decline among young people

Many couples in New York have heard by now that half of American marriages reportedly do not last. Research, however, shows that the opposite is, in fact, true. According to a new study, the rate of divorce dropped 18 percent over the eight-year period of 2008 to 2016.

One reason the divorce rate is declining is that women in particular are not rushing to get married today as they did in the past. Instead, they are focused on completing their college education and on moving up in their careers. Then, when they get married, their spouses will already know what their career plans and job schedules are, which might help to reduce conflict concerning these matters.

Research indicates that men are especially affected by divorce

Dissolving a marriage is one of the most life-altering events a person in New York can experience. According to new research, divorce affects both men and women emotionally; however, it has a particularly major effect on men. Here is a glimpse at why divorce has such a profound impact on men.

First, many men define themselves by their marriages. As a result, they become lost when going through the process of divorce because they may feel that their identities are crumbling. In this situation, it may be beneficial for men to get involved in new organizations or activities. In fact, a group where men can get together and share advice with one another as they go through difficult times can be especially helpful.

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