The end of a marriage requires many adjustments and concerns to address. For parents who have gone through a divorce over the summer, ensuring their child is dealing well emotionally is perhaps the biggest concern. This may be why the beginning of the new school year triggers anxiety in newly separated parents. Not only do their children have to deal with their parents in separate homes for the first time, they also have to deal with new classes and possibly even a new school. What can parents in New York do to help their children's transition? The simple answer to this question is to communicate.
Gone are the days where couples shied away from discussing their financial matters before they got married-given today's financial climate, college debts and self-entrepreneurship, people are more and more interested in separating their finances from their spouse's. This is perhaps why the use of prenuptial agreements is on the rise; the practicality of the matter has begun to outweigh the emotional.
When a marriage is failing in New York, the couple will have emotional issues that they must get through. The realization that the union is no longer working and that a divorce might be the best option for all parties comes with certain other factors that must be considered including financial and those that come with having children. If there are children, the custody and visitation will be a worry. One spouse might be required to pay alimony to the other. Property can come into focus and be in dispute. Given the litany of concerns that arise in a divorce, having advice and guidance from an attorney is key.
For a variety of reasons, some New York State residents who are trying to end a marriage would like to have the marriage deemed invalid and perceived as never legally having happened in the first place. This is an annulment. The desire to move forward with the end of a marriage and have it annulled instead of a simple divorce has certain criteria that must be met. Knowing the justifications for this is imperative before attempting it. Under state law, there are six basic reasons for an annulment. They are: bigamy, an inability to consummate the marriage, incurable insanity, mental incapacity, marriage by force and fraud.
Some New York divorces go beyond the couple simply trying to part ways and move on with their lives. There are certain circumstances that are complicated by significant assets that are in dispute. People with substantial amounts in their portfolios who choose to split with a spouse will often be concerned about how their valuable properties will be distributed. Having legal assistance with this complex situation is vital to a successful outcome from the perspective of the spouse who accrued the assets, the spouse who did not and anywhere in between.
Throughout New York in the city and across the state, there are many people who are of substantial means who end up moving forward with the end of a marriage. While there might be a perception that those who have a vast portfolio of assets will be shielded from the difficulties and issues in dispute when parting ways, the reality is that a high asset divorce can be far more complex than one of lesser means. Those who are involved in any level of divorce must make certain that they have a grasp of all divorce legal issues from the start.
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.
Having a rewarding career as a physician with a medical practice of your own may have a few downsides. For example, doctors experience a higher divorce rate - it's 10 to 20 percent higher than the average population.
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.
Under certain circumstances, a New York resident may pursue a divorce against a spouse who is incarcerated at the time of the filing of the divorce proceedings. The remainder of this post will provide an overview of the requirements for filing for divorce based on this fault ground, but readers are asked to speak with their personal family law attorneys about the facts and circumstances of their particular legal cases.