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Author: Admin Divorce

The Law Offices of Ian S. Mednick, P.C. > Articles posted by Admin Divorce

Overnights at Dad’s is Good for Divorced Parents and the Children, Research Says

fathers rights long island

During the legal process of divorce, children are a major concern for both parties. Will they stay with their mother on weekdays and their father on weekends? Will the parents have joint custody or will the court grant full custody to only one parent?A new study published in the academic journal Psychology, Public Policy and Law showed that infants and toddlers benefitted from spending parenting time with their divorced parents.A Stronger Bond between Father and ChildSome parents and psychologists have reservations about infants and toddlers frequently spending nights with their father. They think it would disturb the mother-child relationship. The...

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Maintenance and Tax Advantages

Maintenance Spousal Support Long Island

Maintenance has its advantages. Most notably, it is tax deductible, another advantage is that it follows a guideline. The guideline serves to provide reasonable financial support to the spouse who needs it while considering the “payor’s” (or the spouse who earns more income) own financial capability. In New York, spouses have the ability to review the recent amendments to the Maintenance Laws and calculate approximately what their responsibility would be as and for temporary and permanent maintenance. These calculations are just guidelines for the Courts and not necessarily determinative of what a spouse will actually play.  There are many factors that go...

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Separate Ways: Irreconcilable Differences as Grounds for Divorce

People have different views of all sorts of things, from religion, politics, to the proper way to raise children. This often leads to discussions, debates, and disagreements. For married couples, big fights and strong disagreements, or what we commonly know as irreconcilable differences, make it hard or even impossible to live together. When things get out of hand, divorce may be inevitable.Irretrievable Breakdown of a MarriageIn New York and in most states, you may file a no-fault divorce based on an irretrievable breakdown of the marriage, or “irreconcilable differences.”  This means it’s impossible for you and your spouse to agree...

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Happily Ever After Gone Wrong: What You Do with the Guilt of Ending a Marriage

Divorce is an ordeal with mixed emotions. There is a sense of relief because the shaky relationship will finally see its end. There is also regret due to the conflict, as well as worry for the children’s welfare.Apart from the basket of feelings, one emotion often stands out during the process, and that is guilt.Numerous reasons trigger guilty feelings after divorce. Some are valid while others are up for consideration. For example, if your ex had a controlling personality, they might convince you that all marital problems were your fault. Naturally, you will feel guilty.Dwelling in such guilt, however, is...

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The Right to See One’s Parent: Parental Alienation Needs to Stop

Parental alienation occurs when a set of behaviors drive a wedge between parent and child. The methods are subtle and if there is no resolution, it will affect the child’s mental and emotional state. Because every child deserves a fulfilling relationship with both parents, it is important to take this seriously.Mind Games with the ChildrenDuring divorce proceedings (especially high conflict ones), it is common for one of the parents to attack the other. When the child hears bad things about either Mom or Dad, it hits them on a deeper level. Portraying one of the parents in a negative light...

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Caretakers and Adoptive Guardians Can Ask for Custody and Visitation Rights

The law is always changing, especially when it comes to family law. Families come in all shapes and sizes, especially in a state as diverse as New York. We understand that family is not defined by blood relations alone. This extends to parenthood as well, as parents are not always related to the child by blood, marriage, or adoption. On August 30, 2016, New York’s highest court decided to expand the definition of parenthood to include primary caretakers and adoptive guardians. This means that de facto parents are now able to ask for custody and visitation rights despite not having any...

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50 and Divorced: Ending Your Marriage in Your Twilight Years

Through our years of service, we’ve seen unbreakable bonds go down the drain because of reasons couples could have sorted early in the relationship. But, we also know that nothing is perfect.We see “perfect” couples—people who fit each other so ideally—with such a deteriorated relationship that divorce is the only option. We try to understand what happened, and in the process, represent the needs of our clients in a better way.You’d think divorce is always the same: severing of vows, separating of property, allocating of guardianship, the works. Introducing age into the equation makes it an altogether different matter.A Grey...

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Marriages Don’t Last Forever: A PreNup Exists for a Reason

The importance of a prenuptial agreement should be apparent to marrying couples by now. The agreement does not serve to prevent two people from believing in the ideals of marriage, or even doubt the trust between a couple looking to “tie the knot,” but it instead secures stability. You cannot be too careful these days, as 40 to 50% of marriages in the US end in divorce. This is why a prenup exists—to keep an individual’s life intact.Before getting married, you should know there are a range of factors to consider. This does not only involve sharing finances, properties, and assets,...

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Bird’s Nest Parenting

 The Law Offices of Ian S. Mednick shares more in-depth information about Bird's Nesting as an alternative. Most couples are not aware of this option so we decided to share the process by enumerating the pros and cons of the procedure.Divorced or separated couples can have this custody arrangement that allows the child/children to live in one house while the parents take turns in looking after them. As the parents move in an out, the child gets a feeling of security and also gets the chance to see both parents in the same house. Both parents have their schedules and...

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