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Irretrievable Breakdown as Grounds for Divorce: A Peaceful Way to Separate

divorce lawyer long island

For decades, New York maintained conservative grounds for divorce. Up until 2010, divorcing couples had to prove in court that one party had committed adultery—the only cause the state recognized as reason enough to end a marriage outside of abuse, imprisonment, and abandonment. New York's strict divorce laws were meant to discourage non-residents from flocking to the state to take advantage of lax divorce laws (as is the case in Nevada). Unfortunately, it also resulted in New York couples colluding to commit fraud. Reports say that desperate couples would agree to fabricate stories of cheating so they could get divorced. The state's decision...

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Traditional Custody Isn’t The Only Arrangement Available to The Modern Family

Child Custody Lawyer Long Island

Earlier divorce cases saw a trend in parenting arrangements: the children would live with their mother and only saw their father during the weekends. Back then, barring any complications, mothers served as the primary caretakers while fathers were the occasionally present breadwinners. Times have changed, however. The "traditional" family set-up is no longer applicable to everyone as more mothers serve as the family's breadwinner (40 percent of American households have working mothers, says the Pew Research Center). Both parents are now also more actively involved in raising their children. In most cases, neither parent identifies as the children's primary caretaker. Modern parenting...

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Should You and Your Spouse Opt for Divorce Mediation?

Divorce Mediation Lawyer Long Island

Divorce proceedings are taxing to all parties involved: you, your spouse, and even your children if you have any. However, many couples are not aware of an alternative form of divorce settlement called divorce mediation, which does not require divorce proceedings in court. And if you choose to proceed with divorce mediation, why not acquire the services of the Law Offices of Ian S. Mednick, P.C.? We provide experienced divorce mediation services in Long Island and are committed to helping spouses find a mutually beneficial agreement without stepping foot in court. Settle Amicably Unlike lawyers and divorces that use litigation, a divorce mediator is an objective third...

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How Getting a Divorce is Better than Staying in a Toxic Marriage

divorce in long island ny

Marriage is not easy; it takes time, constant communication, and effort. But when the inevitable happens, you have to make the difficult choice of filing for divorce. The stigma of ending something you think you can save might be heartbreaking, but ending a marriage does not have to mean the end of you. If you are stuck in a difficult marriage, The Law Offices of Ian S. Mednick P.C. might be your lifesaver. Debunking Divorce Myths While the misconception that almost half of the marriages end in divorce is not true, there is no denying the fact that divorce rates in the U.S. have steadied. According...

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When Parents Dispute, Joint Custody Becomes Detrimental For Kids

Child Custody and Divorce

Many studies on children’s psychological and emotional health say that children of divorced couples who agree to share custody are well-adjusted and less likely to suffer from depression, poor academic performance, and other indicators of psychological and emotional struggle. The results contradict the argument commonly used in courts: that joint custody pulls kids into a “suitcase lifestyle,” depriving them of the stability they need. As a divorce lawyer in Long Island, the Law Offices of Ian S. Mednick understands the nuances of this arrangement and one important exception. A Continuous and Positive Relationship with Both Parents Matter It’s easy to see why many...

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Exercise Social Media Tact When Going Through a Divorce

social media and divorce

The rise of the internet, wireless networks, and smartphones have given way to a hyper-connected world where events big or small can spread throughout the globe in a matter of minutes. This unprecedented access to information sharing, especially on social media has publicized our lives – maybe a little more than some of us would like. In this case, personal matters like divorce can also fall under public scrutiny. Social media, in some instances, plays a significant role in divorce cases: sometimes being the root cause itself of divorce, other times serving as evidence that plays into the case. Divorce proceedings...

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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 Child Some 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

Grounds for Divorce Couple

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 Marriage In 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

Couple Guilt of Ending 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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