The divorce process can be emotional, complicated, and just plain difficult. If you are going
through a divorce, you are likely to receive advice from every which direction,
but before listening, make sure you know the facts. However well-intended
the advice, many people have very incorrect perceptions of how divorce
works in New York. So, before you follow inaccurate advice, make sure
you know fact from fiction by reviewing these common divorce myths.
The spouse “at fault” for the divorce will lose everything.
Actually, New York is a no-fault divorce state. This means that the reason
for divorce does not impact the way in which alimony, custody, asset division,
or any other aspect of the divorce is handled. Whether or not adultery,
abandonment, or other issues caused the divorce, both parties are to be
Courts always award custody to the mothers.
If you shared children in your marriage, your divorce will also come with
child custody arrangements. Contrary to popular belief, mothers do not
always get the kids. In divorces where both parents want custody, the
court will consider what is in the best interest of the child, not the
gender of the parent.
You can’t get a divorce if your spouse does not consent.
Even if your spouse refuses to sign the divorce papers, you may still be
able to obtain a divorce in New York. The Supreme Court Judge may grant
a divorce is one spouse files an action for divorce in the Supreme Court,
even without the consent of the other spouse.
If my retirement funds and pensions are in my name, they will belong to
be after the divorce.
Regardless of whether or not your pensions or retirement funds are in your
name, they may still be considered marital assets. In the state of New
York, anything acquired during the marriage, including businesses or properties,
are considered marital assets and could be split between both spouses.
Angel Planells, a registered dietitian, nutritionist and spokesperson for the Academy of Nutrition and Dietetics, discusses the nutritional needs of children and gives tips for divorced dads to help their kids eat healthier.
6 Meal Planning Tips For Divorced Dads: https://dadsdivorce.com/articles/6-meal-planning-tips-for-divorced-dads/
Is your perception of divorce in the country based on facts or on myths
and word of mouth? What you believe about divorce might not actually be
in line with the truth. Recently, research indicated that one divorce
occurs approximately every 13 seconds, ranking our nation in sixth place
on a global divorce scale. However, you should not take these statistics
to mean that it is impossible to sustain a committed and fulfilling marriage.
With an understanding of the risk factors, you and your spouse will be
able to counteract them and work toward making your marriage divorce-proof.
Take the time to read the data below to glean insight into how you can
be more proactive in protecting the longevity of your marriage:
Divorce is more common among spouses who are still in the early years of
their marriage: It is estimated that about 80% of couples head for divorce within the
first four to five years of their marriage due to a decreased passion
and excitement in the relationship. Additionally, as more demands arise
and require attention, the spark a couple had during their courtship can
begin to diminish. Couples can try to avoid this pattern by prioritizing
their emotional connection and physical chemistry regularly.
Mental health issues can complicate a marriage: If one or both spouses are struggling with depression, substance abuse,
or another mental health issue, the risk of divorce can increase exponentially.
This challenge can be combatted with professional therapy, which can stabilize
the marriage and teach both spouses to support each other’s needs.
Education levels can play a role in the risk of divorce: Oftentimes, academics can play into the success of a marriage. In fact,
based on various divorce studies, if one has earned an undergraduate degree,
he or she has a better chance of a longer lasting marriage. Moreover,
when both partners have the same academic leverage, there is generally
a better sense of equality in the marriage.
Children are not a solution for marriage improvement: One of the greatest misconceptions is that children can restore a struggling
marriage. However, the truth is that 50% of children in North America
experience parental divorce before reaching the age of 18. While certainly,
some spouses try to keep the marriage together for the sake of their children,
child-rearing is hardly an antidote for marital issues. Instead, it can
lead to more discontent in the future and ultimately undermine your partnership.
Your parents’ marital status can sometimes influence your own future: In some cases, if a spouse’s parents divorced, their own chances
of instability might increase since he or she will have absorbed the message
that commitment and unification are not sustainable. This can certainly
strain a couple’s future, but everyone is in charge of his or own
destiny, so break the cycle with trust and resilience even when your impulse
tells you to quit.
New York City Divorce Attorney
If you have decided to move forward with a divorce, the New York family
law team at Eiges & Orgel, PLLC, understands that you will need the
skillful and experienced legal services of a New York divorce attorney.
We have successfully assisted our clients in the legal termination of
their marriages in more than 3,000 cases and would be honored to help
you during this difficult time.
Contact us today at (347) 848-1850 to speak with a knowledgeable member of our legal team.
If you are looking to avoid the contention, hostility, and high costs associated
with the typical divorce process, you and your spouse might consider the
benefits of a collaborative divorce. Instead of going through the court and presenting your situation to a
judge, you could work through the details of your divorce together. This
process isn’t for everyone, in fact, couples who aren’t able
or willing to see eye to eye would probably be better off going to court.
However, if both you and your spouse can focus on working together in
order to reach a divorce agreement that benefits both of you, this might
be your best option.
How Does Collaborative Divorce Work?
The central goal of a collaborative divorce is to encourage spouses to work together to find divorce solutions that
work best for them. Instead of fighting against one another for the upper
hand, spouses are encouraged to treat one another with respect and civility.
Like any other divorce, the negotiations will incorporate property division,
child custody, spousal support, and other key elements of a dissolution
of marriage. While some disagreements will likely come up, focusing on
working together is crucial for a collaborative divorce to work.
Each party must agree to disclose all relevant financial information, including
any documents about properties or assets. Each spouse typically hires
their own divorce attorney to represent their interests and help guide
them through the divorce process, though some couples choose not to. While
couples can go through with a collaborative divorce on their own, one
of the more common approaches includes the help of a mediator.
What is Mediation?
A mediator is an unbiased third-party who helps with negotiations during a collaborative
divorce or another family law issue. Unlike a judge, the mediator will
not tell you what to do, but will instead offer potential negotiation
strategies and solutions to help both parties reach an agreement. The
mediator does not pick sides and is often much more affordable than it
would be to go to court.
The Benefits of Collaborative Divorce
A collaborative divorce can be extremely beneficial for those willing to
compromise. Because there is no need for court interference, the collaborative
divorce process is usually drastically shorter than a divorce through
litigation, and therefore less expensive. It is also a more private process,
which can be especially beneficial for public figures or individuals who
own their own business. Also, mediation allows the divorcing couple to
retain control. If either spouse does not like a proposed resolution,
they don’t need to accept it. Instead, they can continue negotiating
until they reach a compromise that everyone agrees to.
Perhaps one of the biggest advantages of this process is the minimal emotional
impact. Litigation can be extremely stressful and often pits spouses against
one another, ruining any sort of friendship or civility they might have
shared. This can then affect the way they parent, trickling down to harm
their children. However, because the collaborative divorce process encourages
spouses to work together and remain civil, they have a better chance of
coming out of their divorce on good terms. When parents work together,
this, in turn, makes the divorce process much less painful for their children
and can make it easier for the kids to accept this new change.
Is Collaborative Divorce Right For You?
Even though there are many benefits to choosing a collaborative divorce,
this process is not for everyone. Mediation can help you work through
minor disagreements, but if you and your spouse have very different ideas
about child custody, property division, or spousal support, you might
be better off going to court. In court, a judge can make these decisions
for you. If your relationship with your spouse is particularly contentious
or hostile, mediation might also be an impossible option for your situation.
If you are considering collaborative divorce but aren’t sure if it’s
the right choice for you, make sure you discuss your options with an experienced
Prenuptial agreements have often been represented as “weapons” that spouses use in a bitter divorce, pessimistic, “worst-case-scenarios” that seem to say that a marriage is doomed from the start. As a result, many people voice strong objections when their spouse-to-be suggests that they create a prenup. Most of these objections come from the heart not the head because prenuptial agreements are, in fact, a wise “insurance policy” for any marriage. Following are the logical answers that will effectively overcome emotional objections. I Object! Prenuptial Agreements Always Favor the Husband In order to be upheld by the court, prenuptial agreements must [Read More …]
A prenuptial agreement is an agreement between two people that deals with the financial consequences of their marriage ending. All marrying couples have a “prenuptial agreement” – it is known as “divorce law.” However, a lot of people are unhappy with the way divorce law works, and prefer to take control of their lives, rather than leave it in the hands of the government. In these cases, it makes a lot of sense to get a customized prenup. Getting a prenuptial agreement is particularly important in these 8 cases: 1. You are much wealthier than your partner. A prenuptial agreement [Read More …]
For many millennials who are getting married, choosing to have a prenuptial agreement to protect their interests has become a popular option in recent years.
A prenuptial agreement, also referred to as a prepnup, is a legal document
that dictates how engaged couples will divide their assets if they end up getting divorced. According to a survey of matrimonial
lawyers, more and more millennials now days are requesting prenuptial
Why are so many millennials choosing to get prenups? The most likely reason is:
Millennials are now marrying later than older generations, which means
they have had years to build up assets and debt on their own.
Louis Cannataro, partner and founder of Cannataro Park Avenue Financial,
has given advice to dozens of millennial clients regarding their prenups.
According to him, “I got married at 23, so we put nothing and nothing
together. But when someone’s getting married in their 30s, there’s
a different approach.”
A major factor for why more millennial are getting prenups is the changing
role of women in the work force. In 1980, only 13% of women who lived
with a male partner earned at least half of the income coming into the
home. Today, the number of women earning at least half of a couple’s
income has nearly tripled.
While traditional prenups were made to protect the party with the most
money, which was usually the male partner, the actual creation of the
agreement often led to resentment between spouses. However, many millennials
try to write their agreement as a team.
Madeline Marzano-Lesnevich, president of the American Academy of Matrimonial Lawyers, said “Most of the millennials we have dealt with really consider
it a business deal, so there’s very little emotion attached to it.
I think it’s because they both want to protect their independence
and what they’ve been working for.” This is certainly different
from the generations that came before them.
Another factor that can be in influencing this trend is the fact that more
than one-third of millennials grew up in a divorced home or with a single
parent. Louis Cannataro said, “They’ve seen what happened
and they lived the life, so they accept there’s a bigger probability
of it happening.”
Erin Lowry, author of “Broke Millennial: Stop Scraping By and Get
Your Financial Life Together,” is one of these realists. Although
she and her fiancé are Catholic and both have parents who are still
married, they plan to sign a prenup before their wedding. Lowry, age 29
and breadwinner of the couple, said “It’s incredibly naïve
to ever head into a marriage thinking divorce is 100 percent off the table. To enter a legally binding contract without
protection — the rational side of my brain couldn’t handle
Who Needs a Prenup?
While many people think of a prenup as a type of divorce contract, most
legal experts see it as a smart business move. Although marriage is first
and foremost a romantic relationship, it is important to remember that
it is also a financial and legal relationship. If you or your partner
have any of the following things listed below, you should consider getting a prenup:
Property or a business
Children from a previous relationship
A significant amount of debt
Talk to a New York Family Law Attorney
If you want to protect your rights before getting married, talk to your
partner sooner, rather than later. The two of you will need to assess
your financial situation and decide what to include in your prenuptial
agreement. An experienced family law attorney can help you make a strong
prenuptial agreement that will hold up in the event that you and your
spouse get divorced.
Bethenny Frankel’s divorce has dominated Page Six and the tabloids
since she first announced her separation from her ex Jason Hoppy in 2012.
Though their divorce was finalized two years ago, Frankel and Hoppy continue
to fight for custody of their eight-year-old daughter, Bryn. Recent headlines
have involved Frankel posting pictures of herself wearing her daughter’s
pajamas on social media and the overdose of Frankel’s boyfriend, Dennis
Shields. Hoppy has weaponized these incidents as a bid to have sole legal
and physical custody of Bryn. Frankel uses the couple’s history of
domestic violence to paint Hoppy as an unfit parent. The big question
in front of the Court right now is Shields’ overdose. Are accusations
of addiction of a third party enough to award custody to one parent?
The standard for custody in New York is best interests of the child. The
Courts consider multiple factors such as parental stability, who was the
primary caregiver, mental and physical health of the parents, abuse/neglect
of either parent or the child(ren), preferences of the child (put forth
by their own attorney appointed by the court), and drugs and alcohol,
amongst other factors. Once custody is determined, the threshold changes
to a substantial change in circumstances prior to determining what is
in the child’s best interests. As Frankel and Hoppy settled custody
as part of their divorce (NY requires all issues to be resolved prior
to a judgment of divorce), Hoppy would have to demonstrate how Shields’
death is a substantial change in circumstances warranting a change in custody.
Hoppy has an uphill battle because he has the burden to prove. This is
not insurmountable however, as the courts do not take drug abuse lightly.
The safety and wellbeing of a child is the paramount concern for judges.
Hoppy would have to show some combination of the following:
Shields was an addict;
Frankel knew that Shields was an addict;
Shields was using/under the influence of drugs in the presence of Bryn;
Shields was left alone to care for Bryn;
Frankel brought Bryn around Shields despite knowing his addition history; and
Hoppy was not aware of Shields’ addiction history.
Hoppy’s next step would be to link these factors to poor judgment
and Frankel’s inability to properly care for Bryn. If Hoppy were
my client, I would link Shields to other injurious choices made by Frankel;
Frankel’s behavior on reality television, which some may view as
erratic and aggressive, and Frankel’s relationships with other addicts
and alcoholics, such as spending time with Luann de Lesseps who recently
was in rehab for alcohol addiction following an attack on a police officer and DUI.
Conversely if I were representing Frankel, I would explain to the court
that the company my client keeps does not through osmosis make Frankel
a bad parent. I would explain that Frankel was not present during the
overdose, that she did not leave Bryn alone with Shields and that Bryn
was always well cared for, how social media and reality television is
my client’s job and provides significant amounts of money for Bryn,
that during Frankel’s parenting time the cameras are turned off,
and that there is no immediacy of harm to my child. The court would consider
the evidence and testimony submitted by both parties, as well has give
credence to Bryn’s attorney’s position.
Ultimately, it is unclear how the court will rule at this time. There are
facts that only the parties and their attorneys know, which the media
has not reported. The totality of the circumstances and not any one incident
may make the difference between custody and visitation. However, to any
client I would caution their involvement with a known addict. Once the
court or ACS is involved with your marriage or family, everything is under
a microscope. You only want to be seen in a favorable light.
Couples may decide to get a divorce for any reason including domestic violence, bad parenting or incompatibility. Whatever the reason may be, divorce is intensely grueling and painful which is why it is important to know how to find a divorce lawyer who can make the process smooth and easy.
A good divorce lawyer knows exactly how to take you through the complex legal technicalities and make sure that your rights are protected at all times. Look for professional divorce lawyer who have the necessary skills and talents to get you the settlement you want.
Never trust flashy advertisements. Always base your decision on personal recommendations from friends or family. Every marital situation is different which is why you must choose a lawyer who is flexible enough and knows how to base his arguments on the specific circumstances he deals with.
As a first step, look for a lawyer who specializes in divorce and is a part of a large law firm that deals with divorce and family law. It is a good idea asking for proof that shows that the lawyer you choose is indeed an expert and ensures he or she is not a self-proclaimed specialist.
Experience speaks for itself. It is imperative to choose a divorce lawyer with a rich experience. He or she must have been practicing for years in the state or county you are planning on filing for divorce. This is because divorce law in each state has its own peculiarities.
The attorney you choose must know how to be flexible enough to suggest alternatives that will benefit you the most. The lawyer in question must also know when to get tough to ensure success through mediation. In a Nashville TN, the divorce lawyer you choose must have a consistent success record in and out of court.
As you choose a good divorce lawyer for your requirements, consider if any areas of divorce require special experience. For instance, if the situation involves property, retirement funds or any other sizable investments, find a lawyer who also has financial expertise. Similarly if there are minor children involved, it is recommended to find lawyers who specialize in child support and child custody.
Meeting with your divorce attorney gives you an excellent chance to gauge their level of expertise and it allows you to thrash out terms and conditions. After that, if you are convinced that the lawyer is right for you, it is time to agree to the fees to be paid. It pays to be decisive and once you think a particular divorce lawyer is right for you, it only requires signing the fee agreement and letting the attorney take it from there. These are the main steps that you will have to take to find a good divorce lawyer. Last but not the least, find a family lawyer who knows how to efficiently manage your divorce case in court. Keep the above factors in mind as they answer your question – how to find a divorce lawyer?
Being involved in a vehicular accident is no joke. Traffic accidents involving trucks can leave severe damages to public properties, people in other vehicles, and bystanders. While it’s not always easy to determine who is liable for the car accident, a 1-800 Hurt-Now truck accident injury attorney will help figure out the parties responsible for the incident. If you’ve been involved in a vehicular accident involving a commercial trucking company and would like to know how to sue the company, here are the steps you can follow.
Determine the Liability for a Truck Accident
Unlike with car accidents where you can sue the other driver for the road disaster, determining the liability in a truck accident can be challenging and complicated. There are many factors to consider when you investigate the truck accident to find out who is responsible for your personal injuries. Fortunately, there are ways to determine the liability of the truck driver and commercial trucking company. One is by contacting a personal injury lawyer to help you file your claim and win your case.
Organize Your Evidence Before Filing a Truck Accident Injury Claim
Before you file a complaint, you should have evaluated your claim and organized your medical and legal evidence. You must identify the responsible party first before you file a truck accident lawsuit. As the complainant, you should also compute your potential damages and evaluate the strength of your negligence claim. You must understand the importance of weighing the strengths and weaknesses of your truck accident injury case before filing the complaint. The other party will easily counter your claim if your negligence claim has its weaknesses.
Hire a Legal Expert in Vehicular Accident Claims
The best way to strengthen your case is to hire a San Diego vehicular accident attorney not a criminal defense attorney. A legal professional will listen to your story, evaluate what happened, and find out the cause of the accident. A San Diego vehicular accident lawyer will also investigate to find out who is responsible for the road mishap. A lawyer can look into a commercial trucking company’s negligence and its role in the truck accident case. In most cases, the company plays a role in the driver’s negligence which results in a vehicular accident.
Sue the Driver and the Commercial Trucking Company
If a commercial trucking company employs the truck driver, you can sue both the driver and his employer for the damages caused by the vehicular accident. The commercial trucking company is equally responsible for the actions and negligence of the truck driver. Therefore, they are both responsible for the road mishap. However, if the driver is acting outside the scope of the company, therefore the commercial trucking company is not liable for his actions. If the truck driver is an independent contractor, it means that he does not have a formal employer. You can sue him for the personal injuries, but you can’t sue the company for the truck accident. You must determine the identity of the parties involved in the vehicular accident, especially the ones responsible for the disaster.
Although it is not easy to win a personal injury case due to the argument and counter of commercial trucking companies and insurance companies, hiring a San Diego vehicular accident lawyer will significantly raise your winning percentage. Since insurance companies can use scopes of employment arguments to deny a truck accident claim, you need a lawyer to make sure you have a strong case against the truck driver and the commercial trucking company. Get legal professional service today and find out how we can help you get the compensation you deserve for your personal injuries from a car accident.