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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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Bird’s Nest Co-Parenting: Making it Work for the Kids

Divorce disrupts the lives of everyone involved. While it is understandably difficult for the couple, it is especially stressful on the children. Children who have divorced families have two addresses, dividing their time between both parents. This can be a source of frustration and anxiety, as the child may feel caught in the middle while trying to adapt to a new lifestyle.Some parents are now choosing bird’s nest co-parenting, which is a uniquely child-centric arrangement. Here, the kids stay in the family home while the parents take turns caring for them. They come and go, similar to how birds fly...

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Dividing the Family Home During A Divorce

The family home is one of the main assets of a married couple. When a couple decides to split up, they will have to decide on what to do with the family home. Dividing marital property and assets is central to a divorce settlement and the most common solution is to put the house on sale, but there are other options on how to divide the property.Valuing the Family HomeRegardless of whose name the property is in, as long as the property was purchased during the marriage, the Marital home and other properties should be split between the couple. How...

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