As a business owner, you might worry about what could happen to your business in your divorce settlement. Although New York is not a community property state, there are instances in which your business could qualify as marital property. Understanding the considerations for your business as part of your divorce will help you make the best decisions for your situation. When did you acquire the business? If you acquired or launched the business before you met your spouse, received the business as a direct personal inheritance or traded your own personal property for the business, you might retain ..read more

If you are going through a divorce but feel that you and your future ex-spouse can collaborate on important decisions regarding the separation, divorce mediation is worth considering. Mediation is often smoother, less expensive and faster than traditional divorce. Learning more about mediation helps you make an informed decision about whether it will work in your situation. Understanding the mediation process Rather than both partners appearing with lawyers in court, mediation creates an environment where both individuals reach decisions together with the help of a neutral mediator. Mediation ..read more

When two parents have a contentious relationship, whether in the midst of a divorce or in an ongoing marriage, one individual might try to distance the children from the other as an act of passive aggression. This type of parental alienation can not only hurt the relationship you have with your child, but it can also affect the child’s long-term mental health. You can anticipate parental alienation by watching for patterns of coercive control in your co-parent and by watching for key signs that your child is a victim of alienating behavior. Active or passive criticism When your co-parent attem ..read more

A divorce is a complicated experience, especially when you have a child to consider. As uncomfortable as it may be, discussing this life change is necessary. Here are five tips to make talking with your child about divorce easier and more peaceful. 1. Make post-divorce plans first Prematurely telling your child about the divorce can lead to chaos if you do not have the answers to their questions. Have a plan for an expected timeline and living arrangements to reduce the overwhelm your child may feel as they enter a world of unknowns. 2. Deliver the news together Try collaborating with your spo ..read more

Following a divorce, the transition into split households is challenging, especially for your children. For children whose entire existence was in a single household, suddenly having two homes and two bedrooms can be overwhelming. There are some things you can do to ease the transition. Communicate clearly and openly Children struggle with uncertainty and fear during a transition into split households. Take time to communicate clearly and openly with your child about what will happen, including who will take them to school, who will pick them up and what the schedule is in each home. Maintain ..read more

An uncontested divorce is the most amicable and easiest divorce to consider. When you and your spouse can agree on the separation and the final settlement, the divorce process is faster and has less emotional upheaval. While uncontested divorces are easier, they are not without their challenges as well. You should still retain an attorney for several reasons. Even uncontested divorces must follow protocols Legal protocols are difficult to navigate when you lack courtroom experience. A lawyer can guide you and your spouse through the paperwork, settlement and filing steps to ensure success. Unc ..read more

When one spouse earns more than another, the lower-earning spouse may worry about financially supporting themselves after divorce. However, either party can request financial support from the other spouse during divorce proceedings. Several factors impact the court’s decision when determining who provides support temporarily or maintenance for the long term. The payor’s income affects the support determination Courts consider several financial factors when determining who pays spousal support and maintenance. The payor, the spouse with a higher income, may need to support the lower-earning spo ..read more

When you and your spouse decide to end your marriage, the division of your assets is a significant concern. However, once you receive a final divorce decree, you may find that your focus shifts to making ends meet as a newly single person in New York. If you stop receiving spousal support and must enter the workforce for the first time or after a long hiatus, following these tips can ensure a positive experience. Consider your options Whether you explore job options in your pre-marriage field, decide to take a new professional direction or ease back into the workforce with a part-time job, sta ..read more

Divorce can disrupt your life in many ways, though it is often the right choice for couples who cannot be happy any other way. Even so, it is best to prepare for all the implications that a divorce will have on your finances. It is relatively easy to understand the typical division of assets that comes during the divorce process. However, you are also likely to experience some common yet unexpected financial issues that can be significantly more complex in nature. 1. Selling the house After separating from your spouse, it makes sense to sell the old home and downsize to a house more fitting to ..read more

Going through a divorce can entail considerable stress and uncertainty. Planning ahead and identifying what you need to resolve will give you a clear road map. Learning about some of the procedural and legal aspects of the divorce process can ease some of your apprehension. Guidance from experienced counsel helps to ensure that you are taking the right steps to protect your legal rights and achieve your most important objectives. Do not litigate marital disputes Once spouses have decided to part ways, there is no utility in dwelling on the problems that contributed to the breakdown of a marria ..read more