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divorce Tag

The Law Offices of Ian S. Mednick, P.C. > Posts tagged "divorce"

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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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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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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Making the Move: Dealing with Relocation and Holiday Disputes

Following your divorce, you or your ex-spouse may choose to relocate to a different state or country. Although no state or federal law limits you from moving to a new location, it becomes an issue when there is a child involved.It may even intensify the conflict between you and your ex-spouse, especially if you have joint custody over your child. At some point, your ex-spouse might even oppose your move so you will give up custody of your child. If you have your child’s best interests and welfare in mind, here are ways you can deal with and settle relocation...

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Defending Divorce: Change Can Make Things Better

People have always associated all kinds of negative things with the idea of divorce. Many think of it as a failure in life and love, with effects that are devastating for the couple, their extended families, and of course, the children. Studies also suggest that it has negative effects on health and finances, with others noting that is a serious social illness threatening our nation today.It is easy to understand why many think of divorce this way. After all, it marks the end of a happy relationship, which robs children of the experience of what it’s like to grow up...

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Child Support Responsibilities and Modifications

Divorce is the legal process that is supposed to act as the final severance between two people. Some ties are too strong, even in the legal system, and a number of divorcees still end up working with each other on several issues. Perhaps the most compelling issue is the matter of child support, as both parents still share natural rights over a child even after divorce.Determining the amountThe non-custodial parent (the parent not living with the child) is obligated by the court to pay an amount for the benefit of the child. As discussed in Section 240, Article 13...

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Divorce Mediation: An Alternative to Court

Couples who are willing to discuss how they will proceed with their divorce may consider mediation as an alternative to filing a lawsuit. Through mediation, the process may not only be significantly shorter than going through the courts, as it may also be a more cost effective option for both parties.Issues addressed in divorce mediationDuring the mediation process, the couple attempts to reach an amicable settlement on their concerns, such as division of assets, child support and custody, retirement, taxes and others. They work out the specifics of their divorce with the help of a mediator. Divorce mediation enables the...

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Why You Should Not Violate Your Judgment of Divorce

The 2nd Department issued a noteworthy decision in December of this past year which has straightened out the complexities involved with contempt applications.  Although the case law has always been very clear, there have been decisions issued which contradict each other, and confuse the issues of contempt.The 2nd Department has cleared up all of the confusion, and broke down the issue of Civil Contempt.  The Court also made it clear that civil contempt does not require a finding of willfulness, unlike Criminal Contempt, which requires a willful violation of the Court Order.The factors required to obtain a finding of civil...

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