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Long Island Family Law Blog

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.

Marital property split equitably during New York divorce

Navigating a marital breakup can be just as hard financially as it is emotionally. This is the case no matter how long two people have been married or how many or few assets they have to split. Here is a look at how property division is handled during divorce in the state of New York and how individuals can protect themselves financially in the midst of it.

Legislation regarding the division of shared assets in a marriage is different among states. For example, in states known as community property states, divorcing couples' assets are split down the middle. Meanwhile, in an equitable distribution state, marital assets do not have to be divided equally; in other words, one spouse may receive 70 percent of the marital assets, whereas the other spouse receives 30% of the assets based on various factors that the court considers. New York falls under the equitable distribution state umbrella.

Family home, debt can be major issues in divorce

The financial aspect of a marital breakup in New York can be just as hard to navigate as the emotional aspect is. One of the most complicated financial decisions that many couples face during divorce is what to do about the family home. Another tough decision that plagues divorcing couples is how to deal with debt.

The family home can be particularly hard to address during property division because it is valuable, not only financially but also from an emotional standpoint. The home is usually full of memories, which makes it hard to negotiate. If two divorcing spouses cannot decide who will keep the home, the best choice is for them to sell the house and split the proceeds. However, if they go this route, it is critical that they determine who will cover the home's expenses until they can sell the property.

Co-parenting after divorce: Dealing with the stress

Parents who split up have an added worry. Being parents in separate households in New York can be stressful. But there are some ways in which to make co-parenting after divorce manageable and less likely to be rife with angst for both the parents and their children.

Children's emotional well-being is often indicative of their parents' mental health, so it's important for parents to take time to de-stress themselves, so they can move ahead with co-parenting together as individuals. Divorce comes with a bevy of feelings that can include anger, betrayal, sadness, guilt and fear of the unknown. Experts say that it's important for people to allow themselves to feel that range of emotions. Managing these feelings is easier with the support of family and friends.

New York police may get involved when child support is unpaid

Parents may feel frustrated and helpless if a former spouse has failed to adhere to the terms of an existing family court order. Regarding child support, there are hundreds of parents in New York and beyond who are currently trying to resolve problems concerning unpaid child support. Some parents have valid reasons for requesting formal modification of a court order, such as loss of income or medical expenses due to an unexpected situation.  

However, when such circumstances arise, there is a set process to go through to seek the needed adjustments. One cannot simply delay a payment, change a payment amount or stop making payments altogether without court approval. When this happens, a parent could wind up being surprised by a visit from local law enforcement officers.  

Inheritance may not be split during divorce

Getting divorced can spark many questions about how the division of property must be handled. This is particularly true when an inheritance comes into play. Here is a glimpse at what divorcing spouses in New York can expect to happen during a divorce proceeding involving a large gift or inheritance.

A common misconception is that if a person gets an inheritance while he or she is married the inheritance is automatically marital property. In other words, it would have to be split in a just fashion in New York. After all, New York is an equitable distribution state.

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