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Long Island Family Law Blog

Some child custody arrangements may make life post divorce easier

The divorce process can certainly take an emotional toll on adults going through it, but it can be just as difficult for their young children. Choosing an appropriate child custody arrangement following divorce is imperative. Here are a couple of arrangements that have worked for some divorced couples with children in New York and elsewhere.

One option is an arrangement called nesting. Here, a child will live in the family home continually, while the parents take turns staying there. The parent who is not at the family home on a given day can stay at his or her own house, or perhaps the parents could own a second residence together. This arrangement might come to an end, however, if either parent ends up re-coupling.

Knowing financial situation important step in getting a divorce

One of the hardest parts of getting divorced in New York is dealing with the financial impact of this major life event. This is the reason it is important for people who are about to go through divorce to closely examine their monetary situations. Important areas to focus on include income, debt and expenses.

Income refers to any wages that the two spouses are bringing in, coupled with any money received through partnerships or investments.  The latest tax return may provide an idea of how much household income the spouses generate. Furthermore, recent credit reports may help with highlighting the amount of debt that must be addressed. This could include a mortgage, car loan, student loan or credit card debt, among other financial obligations.

Researchers say fathers' post-divorce parenting time important

A major concern for couples who divorce in New York is how they will address child custody. Years ago, mothers were readily given primary custody of the children, and fathers were not prioritized when it came to parenting time -- the amount of time they spent with their children. However, that family law has changed over the years to recognize the vital importance of fathers regarding child custody.

Researchers say that the opportunity for fathers to play a central role in their children's lives following divorce is critical for their children's well-being. Specifically, experts say that children's lives are usually better if they are given the opportunity to stay overnight with their fathers regularly. This is because when children feel connected with their fathers, this helps them to feel more self-confident, perform better on their school work and avoid developing negative behaviors.

Tips may help people to feel more in control during divorce

Dissolving a marriage can be a confusing ordeal on multiple levels in New York. First, divorcing individuals must confront the emotional challenges that come with divorce. Second, they must make a number of financial decisions when ending a marriage. Fortunately, they can feel in control of their marital breakup situations by making a couple of important moves early on.

First, it is important to figure out where one stands financially prior to getting divorced. This information can be gleaned from recent tax returns as well as retirement policy information and insurance policy information. It is also a good idea to write down all of one's liabilities and assets, as this information will come in handy during the property distribution process.

Child support matters may spark confusion in New York

Going through divorce can understandably be difficult for the entire family, especially from a financial standpoint. A financial aspect of divorce that can be particularly hard for parents to deal with is child support. Let us take a peek at how the family law court addresses child support matters in New York.

As a general rule of thumb, minor children depend on their parents for financial support. This is why both custodial parents and non-custodial parents are required to meet their children's financial needs after divorce. These needs range from food to housing, clothing, health care, transportation and entertainment.

Negotiation may help with obtaining alimony following divorce

When people get divorced in New York, they might understandably be concerned about being able to stay afloat financially going forward. The spouse who was not the primary breadwinner may especially be concerned about this during divorce. Some tips, though, might help the lower-earning spouse to successfully negotiate alimony with his or her spouse.

First, the spouse who wishes to receive alimony payments would be wise to stay calm during the negotiation process. When the discussion appears to heat up, he or she may want to recommend that the two parties revisit at another time after tempers have subsided. Along these lines, the person seeking alimony may want to avoid bringing up the topic when the other party is in a rush, as he or she may be less cooperative in such a situation.

Parents can make divorce, child custody easier for children

According to research, over 50% of spouses throughout the United States end up breaking up. The divorce process can be emotionally difficult for spouses to deal with, and in the same way, children may have a hard time processing it. However, a couple of tips might help parents who are getting divorced in New York to make the process easier for their children while dealing with such matters as child custody.

First, if possible, parents who are going through divorce may want to avoid pulling their children from the school they have been attending up to the time of the divorce filing. The reason for this is that forcing the children to go to new schools during the divorce can further disrupt their lives at a time when their lives are already being shaken up by the idea of watching their parents divorce. The more consistent things are during the marital dissolution process, the better the children will fare.

Managing divorce while working can prove challenging

Those getting divorced in New York may try to avoid mixing their personal challenges and their working lives. The truth is, though, that keeping these two worlds apart can prove challenging. For instance, an urgent divorce decision may need to be made in the middle of a busy workday. Still, a couple of tips might help divorcing individuals to prevent their breakups from negatively impacting their careers.

For starters, it is expedient to avoid scheduling divorce activities or discussions during work times. This is because concentrating excessively on divorce matters at work may end up hurting an individual's job performance. In the same manner, the stress of a busy workday might cause the individual to make decisions hurriedly, which can have negative outcomes.

Spousal support can be major source of conflict in divorce

Spousal support is often a major sticking point during the dissolution of a marriage. However, it is often not determined till later on in a couple's divorce proceeding. Here is a glimpse at how spousal support is handled during a divorce proceeding in New York.

Spousal support's aim is to limit the unjust economic impact that one of the spouses may experience following divorce, if he or she did not earn money or earned less income than the other party did. The quantity of spousal support to which a divorcing individual is entitled is based on state law. As a general rule of thumb, the support calculation is made using a few factors, including the need of the recipient's spouse and the payor spouse's capability of paying.

Divorce process involves multiple emotional stages

When couples in New York get married, they naturally expect to be in it for the long haul. Sometimes, though, marital conflict may drive one or both partners  to seek divorce. Fortunately, individuals who are embarking on the divorce process can take steps to reduce their stress levels during this type of family law proceeding.

For starters, it may be helpful for divorcing spouses to acknowledge the emotional stages that come before a marital breakup. The first stage is denial, where an individual may struggle to believe that the marriage is ending. The second stage is anger and shock; this is where a person may blame his or her future ex for the failure of the marriage. The third stage is bargaining, where a divorcing spouse tries to save the union, and the final stage is depression.

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