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Oneida County Law Blog

What is virtual visitation?

With good jobs remaining difficult to find in these economic times, more and more people may find themselves choosing the place to live based on where they are working. For many, this is not a problem but divorced parents with children in New York may find themselves asking how it would affect their child custody and visitation rights. As expected, when a noncustodial parent-the parent who does not have physical custody of the children-has to move away, it can affect their visitation rights. However, technology is proving to be very useful in this situation, as parents can use various technological means to remain in touch with their children.

Virtual visitation, whereby a parent can retain their relationship with their children through the use of technology, is growing in popularity across the country. It includes utilizing videoconferencing, video mail, instant messaging, and email to keep in contact with kids and is usually included in the parenting agreement. Though New York is not among the states that have laws on the books about internet visitation, courts have been seen to favor the use of technology to extend parental rights.

Property division and the family home: to sell, or not to sell?

Home may be where the heart is, but when it comes to a divorce it is quite the issue to contend with. Sometimes each party has an emotional tie to the home, pitting one spouse against the other when it comes to property division. However, there are key things to think about -- and choices you have -- when it comes to dealing with the family home in a divorce.

One option that people in Oneida County might not initially think of is letting one spouse live in the home temporarily, and then selling the home and splitting the proceeds later on down the road. Sometimes this works out if a couple has children. The custodial parent can live with the kids in the family home they are accustomed to, and once the children are grown and out of the house, the parties can sell the home and split the proceeds. However, it is important to be aware of what you are exchanging in return for living in the home, especially once you are no longer receiving spousal support and child support.

4 tips to help you and your ex co-parent effectively

If you are considering divorce and you have children, it means that you will still have to work with your ex in order to successfully co-parent. Sharing custody goes beyond who gets the kids for Thanksgiving. Instead, it requires constant communication and teamwork. Depending on your relationship with your ex-husband-to-be, this may seem like an impossible task.

When it comes to co-parenting, there are many sources available to help. For example, there are online programs that will help with scheduling everything from after-school activities in Utica to the occasional doctor appointment. For some tips to help you co-parent more effectively, read below.

How will my business be divided if there's no prenup?

When New York residents are getting their business off the ground, have invested minimal money and put countless hours of sweat in it, they hope, but never expect, it to become highly successful. Which is why they do not take precautions in protecting their businesses against a divorce. With around 50 percent of marriages ending in divorce, there is a very real possibility that a business owner may lose their business to their ex, or at the very least, have to become business partners with them. What can one do to protect their business assets against property division if there is no prenuptial agreement in place?

The first step in the right direction would be to get an independent evaluation of the business. This can ensure no spouse over or underpays the other one. Once a valuation is completed, the couple must determine what they want to do with the business-does one want to buyout the other or split it with one another? Where one party wants to buyout the other, they can offer other assets in exchange-real estate, retirement accounts and even cash. If the party who wishes to retain their business doesn't have the liquidity to make the payments immediately, they may be able to come to a settlement about gradual payments.

Under what conditions can alimony be modified?

When a couple divorces in New York, regardless of whether they have children or not, one of the most contentious issues in the divorce revolves around finances and support. If a couple has a prenuptial agreement or has come to an agreement about it post divorce, that is helpful; however, parties often end up dragging one another through courts to get what they deserve to maintain their standard of living and for what they gave up for the other party to succeed.

Deciding on the initial amount was difficult enough, but often circumstances change, The cost of living goes up or a financial emergency pops up. Can the alimony order be modified? Depending on state law, there are certain circumstances in which alimony can be modified. The most common reason alimony is modified is if the parties agree with one another that they should change it.

Is nesting the best option for me?

When a marriage ends, couples with children in New York want little more than ensuring the wellbeing of their children. Going from one house with two parents to two houses with one parent can be a difficult transition for them, and some couples try to minimize the effects of divorce on children by engaging in nesting. Nesting is a novel approach to custody arrangements and one that more and more couples are trying out.

Rather than children moving between two homes, as is what happens in a traditional arrangement, the children remain in the family home during a divorce and the parents rotate in and out in nesting. This allows everything to remain stable for the children and the grownups that must adapt. Though many people are considering this as a way to maintain stability in their children's lives, it is not the best option for everyone.

Get experienced help in all family law issues

Though couples may seem happy from the outside, each couple is dealing with their own struggles. There comes a point when some may decide they are no longer compatible with one another. Just like no two marriages are the same, no two divorces are similar to one another. Even two partners married to one another may want different things from the divorce.

Where divorcing couples have a prenuptial agreement, it is a mistake to think that there are no other family law issues that could arise. First, as outlined in last week's post, the agreement regarding property division must be enforceable according to New York law. Secondly, there are certain issues that the prenuptial agreement cannot cover and those might have to be contested in court if the couple cannot come to an agreement about them.

Is my prenuptial agreement enforceable?

Last week's post detailed the reasons couples might want to sign a prenuptial agreement before they get married in Texas. With more couples in debt than ever before, marrying parties want to know who will assume these obligations if the marriage doesn't work out. They also want to be sure that if their business becomes the next 'Etsy', their sudden wealth will be protected. A prenuptial agreement is one way to take property division out of the court's hands and put it in the couple's.

But not all prenuptial agreements are enforceable; therefore, it is important to know what legal formalities must be completed to ensure yours is not thrown out of court. The Texas Family Code Chapter 4 lays out some of the essentials.

What are your options if your ex is withholding your children?

Divorces can result in big, drawn-out messes. It isn't easy for a former couple to come to terms with the end of their relationship and work together to parent children. Still, agreements must be created and mutual respect and understanding is important to a functional co-parenting relationship. You may have thought that once the divorce was finalized, your issues with visitation and shared custody were over, but now you're having trouble seeing your children.

Maybe your ex has come up with a range of excuses about why you can't see your children. Illnesses, school obligations and even sports could get trotted out as reasons why your visitation got canceled or shortened. Other times, your ex may be more direct, telling you that he or she doesn't intend to let you spend time with your children, even though the courts ordered shared custody and visitation.

Why should I sign a prenuptial agreement?

Where the 1970s saw couples getting married for romantic notions-eight out of 10 people were married by the time they were thirty-years-old. Today, the reasons couples tie the knot have changed, as practicalities have entered the picture. With the same percentage of people now not getting married until they are 45-years-old, it seems like people are waiting until they are financially secure. This means by the time these couples are getting married, they have substantial careers or businesses that they want to protect.

This is perhaps why more and more people are choosing to sign prenuptial agreements. Spouses in Texas and elsewhere are trying to protect the assets they have accumulated. In addition to this, one never knows when their idea of a new app on a smartphone or online business turns into a runaway hit, giving an onslaught of sudden wealth. People have begun looking at prenups not only as a way to protect their money but also their ideas.

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