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Suing For Adultery Does Little For a Divorce Settlement

adultery divorce settlement long island

Divorce in a no-fault state like Long Island does not tip the judge's favor towards the aggrieved partner when it comes to alimony and child custody. It may, however, give him or her the upper hand in settlement negotiations if the cheating partner feels guilt and remorse, or wants a quick way out of the marriage. Notwithstanding, certain actions by the cheating partner—like wasteful dissipation of marital assets and exposing children to one's extramarital acts—can affect how the assets will be divided, and to whom custody will be given. Alimony and division of assets Marital fault has zero or minimal bearing on the division of marital...

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What Happens During a Divorce Mediation?

divorce mediation lawyer long island

Conflicting interests, multiple properties, and child custody complicate the divorce process. Typically, divorcing couples take their grievances and justifications to court so that the judicial system can settle matters. However, this can be time-consuming and unavoidably more legal costs. Couples that have separated amicably but have trouble dividing their property or couples that remain mature and composed can turn to a process called divorce mediation. Through this method, couples have a direct say in the distribution of their assets and the custody of their children. Mediation could also reduce the resentment and stress that a court battle engenders among spouses. The Law Offices...

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The Complications of a Same-Sex Divorce

same sex divorce

In 2015, the United States Supreme Court issued a landmark ruling that legalized same-sex marriage, giving LGBTQIA+ couples the right to marry, as well as to divorce, in all 50 states. Now, while same-sex marriage is a largely settled matter after this ruling, same-sex divorce faces some gray areas and unique challenges. Dissolution of Domestic Partnerships Before the Defense of Marriage Act was repealed, many same-sex couples filed for domestic partnerships or civil unions. While legally similar to marriage, these arrangements are not recognized by all states, making it difficult for some couples to dissolve their civil union or domestic partnership. They may have...

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A 4-Step Guide to Filing an Uncontested Divorce in Long Island, NY

uncontested divorce in long island

In 2010, New York decided to adopt no-fault divorce, making it the last state to do so. This legislation allows couples to separate by mutual consent, which means one party doesn't have to prove that the other is responsible for ruining their marriage.  A no-fault divorce expedites the process and gives couples the chance to part on good terms. If you and your spouse are going through a similar ordeal, you should know the proper process of filing a mutual or uncontested divorce in Long Island or any city in New York. Check if you meet NY's residency requirements You have to be a New York...

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The Grey Area: How Retirement Funds are Split in Divorce Cases

pension and divorce long island

A Pension is probably the biggest amount you and your partner will need to divide when you decide to divorce. According to the American Academy of Matrimonial Lawyers' survey in 2016, retirement plans are one of the top three most contested items in a divorce, second to alimony. What's surprising is that your pension can be divided even while you're still paying for it. Keeping this in mind, the state of New York has put special rules in place to keep the split fair. Learn how divorce can affect your retirement funds. A Pension is Marital Property Subject to Equitable Distribution The Office of...

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Breaking Up is Hard to Do: 3 Tax Strategies that Make Divorce Settlements Easier

divorce and tax long island

When you strip away the emotions that often surround it, many divorce proceedings come down to numbers. It may sound harsh, especially if you have children to think about, but it's true that the numbers matter: from the amount of alimony, to the amount of child support and dividing up assets. This is why divorce settlements are never easy. As any divorce lawyer in Suffolk County can tell you, the overhaul of tax rules has changed the computations for divorce settlements. Apart from determining who gets what, there are numerous tax implications that come with divorce, especially with the new modifications to the...

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A Better Understanding of Maintenance or Alimony

divorce maintenance alimony long island

Divorce is not an easy process and it can pose many challenges during the case. However, if you think ending your marriage would be best for you and your spouse, there are ways to make the process a little less stressful. Attorneys may advise both parties to cooperate and follow legal processes to expedite the finalization of the divorce and take a more along the successful. They may also suggest some ways to make the process more beneficial for partners. Maintenance is among the many topics discussed during a divorce. Also called 'alimony' or spousal support, maintenance is the money given...

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Dissipation of Assets or Reasonable Spending: What is Marital Waste?

dissipation of assets long island divorce

Property division during divorce is a contentious issue that couples must resolve before they part ways. The state’s statutes heavily influence the court’s decision regarding property division (be it equitable distribution or community property). Some divorcees, however, feel entitled to a larger portion of the marital funds, claiming that their soon-to-be-ex spouse’s financial mismanagement or irresponsible spending habits “wasted” their funds. Understanding the Concept of Marital Waste Marital waste refers to the intentional dissipation of assets by one spouse for their personal benefit. This occurs when one party squanders shared finances or other marital assets for designer clothing, extravagant vacations, and other lavish ventures. In...

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Moving Out & Moving On: Relocation Rights to Consider

Divorce Relocation Long Island

After a divorce, it is not surprising that either you or your ex-spouse will want to completely move out of your home and move on somewhere else right away. However, before you can start looking for a new place to live, consider that divorced parents cannot simply pack up and leave the state. If you have children, the children's best interests and the non-custodial parent's visitation rights cannot be compromised. In such cases, it is best to have a family law attorney in Long Island help you receive the court's permission to relocate outside of New York. While some instances can be resolved quickly...

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Parental Alienation: Bad-Mouthing Your Ex to Your Kids Can Have Serious Consequences

parental alienation long island

When a marriage dissolves, it is only the relationship between the ex-spouses that ends, not the relationship between children and their parents. Unfortunately, some divorced parents hold grudges and take pains to make their ex-spouse look bad to their children. This type of behavior is called parental alienation. It often happens to couples coming off an unpleasant divorce. They are more likely to denigrate or disparage an ex-spouse with the intent of damaging the latter's relationship with the children. They might even prevent the children from seeing or communicating with their ex. Courts do not take parental alienation lightly. In fact, it...

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