Joseph H. Hobika, Sr., Esq. Joseph H. Hobika, Jr., Esq. Andrew J. Hobika, Esq.

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March 2017 Archives

What are the residency requirements and grounds for divorce?

Sometimes, the seemingly simplest matters are the most complex and with a New York divorce, those who are moving forward with ending the union must be cognizant of the residency requirements and the grounds for divorce in the state. To meet the residency requirement, one of the spouses must have been a resident of New York on a continuous basis for a minimum of two years before the case can start; one of the spouses must have been living in the state continuously for a minimum of one year before the case has started and the marriage took place in the state, or they lived in New York as a married couple, or the grounds for the divorce occurred in the state; or the spouses were residents of the state on the day the divorce began and the grounds took place in the state.

Understanding legal and physical child custody in New York

For parents in Oneida County who are no longer together as a couple but share a child, child custody is crucial for decisions that are being made for the child, where the child will live and other issues. There are two different parts of custody that parents need to understand: legal custody and physical custody. Custody issues are usually only relevant until the child turns 18-years-old. The child's interests are the main focus when the court makes a decision. Without a court order, the parents will have equal rights to the child.

Thinking long-term in child custody disputes

Following a marital split child custody disputes can quickly draw the full attention of a concerned parent. After all, most Utica parents will naturally put the needs of their children as paramount, ahead of property issues and just about any other legal or family issue they might be facing.

How can technology help with co-parenting?

New York residents rely on technology to complete work, make life easier and to stay organize. Parents with one or more children know how helpful technology can be, especially when it comes to communication and the education of their children. But, do divorced parents realize how technology could be used to help with a child custody agreement?

Divorce splits a financial relationship as well as a legal one

Love often comes before marriage, and when two Utica residents decide to commit themselves to each other through a legal union, their admiration for each other can cloud some of the more challenging decisions and negotiations they will have to face once they are joined under the law. For example, they may enter into their marriage without having a clear understanding of each other's financial situations and monetary needs.

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