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Author: Ian S. Mednick

The Law Offices of Ian S. Mednick, P.C. > Articles posted by Ian S. Mednick (Page 3)

Your Guide to Postnuptial Agreements

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Around 50% of married couples in the US divorce. Ending your marriage can be one of the most emotionally and financially challenging times in your life. Divorce has many possible causes: infidelity, loss of intimacy, domestic abuse, substance abuse, financial issues, and moral differences. Whatever the reason, a postnuptial agreement will help protect your assets and minimize acrimony in divorce. It's a good way to secure your family's financial well-being, regardless of how your marriage will turn out. What is a postnuptial agreement? A postnuptial agreement is a contract that spouses enter into after they are legally married—be it months or years. It determines...

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Legal Separation or Divorce: Which Is Right for You?

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The current divorce rate in the United States is one of the highest worldwide at approximately 2.9 people out of 1,000. However, despite being a popular legal remedy for married couples who wish to leave their relationship, it is not the only option. Parties in a faltering or failing marriage sometimes opt for legal separation instead. Like divorce, a legal separation results in a formerly married couple living separate lives. Couples looking for a mutually favorable financial, legal, and emotional solution need to determine which option is most suitable for their unique situation. To help you choose which is right for you, read on about...

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No-Fault Divorce Explained

no fault divorce explained

New York divorces used to take months or even years to resolve as both parties attempt to prove that the other is “at fault.” As the case drags on, the more expensive, frustrating, and stressful the divorce becomes. Everything changed in 2010 when the senate signed the no-fault divorce law, enabling married couples to file for divorce without the usual fault-based grounds. Getting divorced in New York is now faster and less expensive than before. This article details what you need to know about getting a no-fault divorce in the state of New York. What Is a No-Fault Divorce? In the past, New York...

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Parental Alienation: How to Spot the Signs

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A divorce or separation is an emotionally challenging time for everyone involved. However, children of a divorcing couple are particularly at risk of experiencing negative psychological effects. These effects can be further compounded by parental alienation. Parental alienation refers to strategies used by one parent to turn a child against the other parent. These include badmouthing the other parent, interfering with visitation, and any act that aims to damage the other parent’s relationship with their child. According to a study on the prevalence of parental alienation, 13.4% of parents reported being alienated from their children. 48% of these parents also reported the...

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5 Common Reasons That Marriages End in Divorce

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The U.S. has one of the highest divorce rates globally, with 2.3 divorces per 1,000 residents. The country also has high divorce rates for subsequent marriages, with 60% of second marriages and 73% of third marriages ending in divorce. For those many struggling marriages, divorce may be a necessary option. This article will tackle some of the most common causes of divorce. Infidelity Extramarital affairs are one of the leading causes of divorce. Whether it was a single incident or a long-term affair, infidelity often leads to separation. In a General Social Survey, out of the 441 people who admitted to cheating, 54.5% immediately...

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Gray Divorce: Getting Divorced Later in Life

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The rate of couples getting a “gray divorce” is rising at a rapid pace. Research published in The Journals of Gerontology shows that more than one in four individuals over the age of 50 in the United States are getting divorced, and over half of these divorces happen after 20 years of marriage. Additionally, data released by Pew Research reveals that divorce rate for people over the age of 50 has doubled between 1990 and 2015. Understanding Gray Divorce “Gray divorce,” also known as a “diamond divorce” and “silver splitter,” refers to a divorce between two people in their 50s or older....

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The Benefits of Mediation and the Type of Couples Best Suited for It

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Taking a divorce to the courtroom is stressful, complicated, and time-consuming for all parties. However, going the litigation route may not be required in some cases. Research shows that only around 5% of divorces go to trial. Many couples are now using a mediator to reach a mutually acceptable settlement. The Law Offices of Ian S. Mednick, a legal provider of divorce mediation services in Long Island, discusses the benefits of this court alternative and the types of couples best suited for it. How Does Mediation Work in Divorce? Mediation is a form of alternative dispute resolution (ADR) used in the New York...

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Identifying Child Neglect and What to Do If You Come Across It

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 Child abuse is a heinous crime because it inflicts physical, emotional, and mental harm to a child. It is considered a serious crime in every state because children are unable to defend themselves against any kind of abuse from those with power over them. The other end of the spectrum, negligence, is just as bad. It can be just as harmful to children as abuse. The American Society for the Proactive Care of Children (ASPCC) estimates that 1,840 children died from abuse and neglect in 2019. They also reveal that 72.9 percent of child abuse fatalities experienced neglect by one or...

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How Is Child Support Calculated in New York?

Child Support Calculation Long Island NY

A crucial part of divorce is how the child will be cared for financially. According to the latest data in the U.S. Census Bureau's Custodial Mothers and Fathers and Their Child Support: 2015 report which was re-released in February 2020, only 43.5% of all custodial parents reported receiving the full amount of child support they were due.  Additionally, only 39.2% of the 1.6 million custodial parents with incomes below the poverty level received full child support payments in 2015.  Many single-parent families rely on child support payments to cover the costs of daily necessities such as food, clothing, and shelter. A child support order must also...

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Five Signs of a High-conflict Divorce to Watch Out For

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A divorce can bring out the worst in people. When emotions run high and anger becomes the driver of actions and responses, it becomes difficult to reason with one another and agree on almost anything. It's important to become aware if yours is shaping up to be a high-conflict divorce so that you and your divorce attorney can prepare for the challenges ahead. Studies show that 15 to 30 percent of divorces are high-conflict. Look out for these behaviors in your ex-spouse to find out if yours is one: Argumentativeness - If your ex talks too much and has a counterargument for every single...

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