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Defending Divorce: Change Can Make Things Better

Woman Ripped A Photo

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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Proper Preparation for Mediation

Mediation Lawyers

Mediation is the best path to take as a means of amicably settling a divorce or separation. It’s a process that allows both parties to divide their assets on their terms, and avoid a potentially traumatic and costly divorce proceeding. But, make no mistake, this is still a negotiation and you need to prepare properly to get a fair deal. Stay Calm and Mediate One of the benefits of mediation is that everyone can speak freely. The lawyer in the room is not there to dissect every syllable of what you say to gain some sort of litigious advantage. This will allow...

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Mediation: Pros Outweigh the Cons

Couple Pros and Cons Mediation

Mediation is one way to get through divorce on civil terms with your spouse. This process is a form of alternative dispute resolution (ADR) intended to minimize conflict while divorcing spouses work through their differences and decide on agreement settlements. Deciding to undergo mediation can protect your children and finances from the consequences of an antagonistic litigated divorce. For couples who can tolerate being in the same room, mediation is a workable and stable path toward divorce. Here are some of its advantages: With the help of an experienced mediator, you and your spouse can better understand the issues that you must...

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Challenges of Relocating With Children Post-Divorce

A divorce can be a complicated matter when children are involved. Even after the divorce is resolved and custody has been determined, both parents must continue to interact with each other. Often times, complications arise when the custodial spouse wishes to move to a new city, state, or country with the children. The result of which typically becomes a complex situation in that the spouse wishing to relocate might be doing it to give the children better opportunities or reduce their living expenses, but the left-behind parent will obviously be unable to see his or her children as easily as before....

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Will the Court Throw Out Your Prenup?

Prenuptial agreements are gradually becoming more common among high net worth couples, and the days when people thought of getting one as insulting or selfish are long past. Now, it seems almost expected, as couples have learned how helpful it can be in case the marriage sours. Having a prenup in place does not automatically guarantee the safety of your assets, however. Many people do not realize that it is still possible for their spouse to contest the prenup. The court has the right to dismiss the agreement if it finds the terms unconscionable. This often leaves one party in a...

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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 amount The 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 mediation During 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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5 Reasons Why You Should Hire a Divorce Attorney

1. Protect your rights. Many people believe that they can represent themselves instead of hiring an experienced attorney to save money. Representing yourself in any divorce or family law matter is simply not a wise decision because there are simply too many complexities involved. Although you may be saving yourself money in the short-term by not hiring a lawyer, the odds of losing money are immanent in the long-run. 2. Informed decisions. When hiring a divorce attorney you are hiring an attorney who hopefully specializes in this field. Your attorney will be able to...

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Parental Alienation – Act Before it’s too Late

In Rockland County, the Court modified the parties' divorce decree based upon the mothers actions in systematically sabotaging the children's relationship with their father.  The mother engaged in strategies and behaviors that were calculated to alienate the children from the father.  The Court modified the Order in regards to only two of the parties' three children.  The third child was so brainwashed that the Court believed that if they granted the Father custody, the child would run away or sabotage the siblings relationship with their father. It appears that Parental Alienation is an extremely dangerous technique that is taking its form against...

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