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September 2016 Archives

A checklist for understanding your finances before divorce

Finances may be the last thing on your mind when deciding that divorce is your next step. Planning can be especially daunting if your spouse typically handles monthly bills and investments. It is important to double check the details of your joint finances before moving forward with divorce.

Visitation and preserving the parent-child relationship

Mohawk Valley parents who do not have custody of their children may have alternative orders that allow them access to their children. Visitation rights can be ordered by family law courts when joint custody is not occurring between two parents. Though two separate individuals may have standing visitation orders, those orders may look very different. This is because in each child custody and visitation case, the judge must determine what arrangement will serve the best interests of the child involved in that particular matter.

My ex and I both work. Which of us will be awarded alimony?

Finances are a huge factor following a divorce. Alimony, also known as spousal support or spousal maintenance, is the payment of money from one former partner to the other. It is intended to make fair any economic disadvantages one partner may experience as a result of going through a divorce as it is not uncommon for one partner in a marriage to forego gainful employment for the sake of becoming the primary caretaker of the family. There are a variety of factors that a New York court can look at when deciding if one spouse should receive alimony from the other.

You may benefit from a child support agreement modification

New York family law courts attempt to support the best interests of the children whose legal matters play out within their chambers. While those matters do not have to be related to the divorce of the children's parents, often children's wishes and needs are addressed contemporaneously with the legal dilemmas of their mothers and fathers. Child custody is one category of family law that directly impacts the well-being of kids.

Marital factors that may contribute to a divorce

Sometimes opposites attract, while at other times similar personalities blend together into beautiful relationships. Love is a funny thing that often cannot be predicted, but when it strikes, it can form lasting, powerful marriages. Many couples experience long relationships that only end when the partners to them pass away; however, as readers of this Oneida County family law blog may know, not every love story is able to withstand the test of time.

Fool for love, fool for money: When does failure to share info become financial infidelity?

Disagreements about money are of course a big factor in causing divorce. But it isn't only open disagreements that can undermine a marriage. Deceiving a spouse financially - sometimes called "financial infidelity" - can have corrosive consequences as well.

What can be classified as martial property during a divorce?

Property subject to marital distribution is not identified by what it is, but rather by how it is owned. Generally, separate property is the property that an individual acquires before he or she is married, that he or she does not comingle with his or her spouse, or property that he or she gets after he or she is married but that he or she acquired with his or her own separate money. A New York couple can own property together if they acquired it during their marriage or if it starts as separate property but use it in support of their marital relationship.

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