Quatela Chimeri, PLLC

Long Island Family Law Blog

Everyone's emotions could play a role in divorce

Because the ending of a marriage affects each New York resident in his or her own way, it can be difficult to predict how a case will go. There are actions that individuals could carry out that could help their proceedings move forward in a less conflict-filled manner if they fear that is the type of situation they could face. In particular, emotions could be a major factor to consider during divorce.

One step that could allow parties to remain level-headed throughout the divorce process is to remember that they are adults and that ending a marriage does not have to be a blame game. Though some individuals may feel that one person contributed to the decline of the relationship more than the other, it may help to assess the situation and see one's own faults as well. When this step back is taken, it may allow individuals to feel less like their anger or resentment has a hair trigger.

New York parents may consider co-parenting child custody terms

Parents may feel concerned about any decision they have to make for their children. From what they should eat for dinner to medical decisions, worries about the impacts choices can have may plague any New York parent. When the parents have to make child custody decisions while divorcing, they may have more apprehensions due to the long-term effects of these arrangements.

In particular, more individuals are considering co-parenting as one of the arrangements that could work in the best interests of kids. Of course, with this type of agreement, parents will have to maintain the ability to work amicably together. However, recent research suggests that this arrangement may help children suffer fewer negative effects from divorce.

Parental strife may lead to New York child custody battles

While most New York parents want what is best for their children, reaching that goal does not always come easy. In some cases, outside factors may work against the parents in a way that causes them to not always be able to ensure that their children have the best. In other instances, parents may be fighting against each other, and child custody turmoil could ensue.

It was recently reported that a custody battle in another state saw many conflicts, including the father hiring a private investigator. The case involved the parents of a 4-year-old girl, and at one point during the case, the mother disregarded a court order and hid the child for over a week. The daughter was eventually returned, and the litigation continued.

Paying attention to bank accounts may be useful during divorce

Ending a marriage is something that numerous New York residents will face. As part of their main concerns, they may wonder how they will fair financially during and after the divorce proceedings. Because marriage dissolution can result in a significant financial hit, individuals may want to explore their options for protecting their assets.

First of all, having personal bank accounts could be beneficial. Though many married couples tend to create joint accounts so that each party has access to funds, creating a personal account could allow individuals to accumulate funds for their use only, which could be especially useful when it comes to paying legal fees and other divorce-related expenses. Of course, in order to avoid accusations of hiding assets, it may prove wise to make it known when these accounts are created.

Can my spouse force me to work?

Before getting married, many people make assumptions. For example, a woman may assume that her high-earning spouse will not mind if she does not work, especially if there are children. Conversely, that high-earning spouse may assume that his fiancee will continue to work and is dismayed to find out after the wedding that she plans to quit her job.

To be sure, work and finances can be complicated, especially if discussions before marriage have not taken place or have been incomplete. You may be at a place now where you feel pressured to work and are wondering if your spouse can demand that you do.

Losses experienced during divorce could trigger grief

Grief is a common emotion that comes along with experiencing a loss. While many people may think of the death of a loved one as the first situation that would lead to this feeling, New York residents may also find themselves facing grief due to going through divorce. After all, there are many aspects of their lives and relationships that they are losing as a result of the process.

While the legal proceedings themselves can be emotional roller coasters, individuals may also realize that they will need to go through other gut-wrenching situations. For instance, it is likely that parties had wedding photos, vacation pictures and other physical representations of their shared experiences that they will now likely take down. Additionally, people will also have to ask their loved ones to put away any of these items that they may have in their homes.

Divorce settlement terms may impact how older people save money

It is not unusual for New York residents to worry about their retirement. They may wonder when they will be able to retire, whether they will have enough funds to live comfortably and what they will do with their time. Some individuals may face greater concerns if they face a major life-changing event, like divorce, as they near retirement age.

Fortunately, individuals who divorce at an older age do not simply have to feel as if their finances are going down the drain. Certainly, this event can cause major financial changes, but parties can takes steps to ensure that their retirement funds are not completely decimated. Depending on one's age, working for another year or so before an intended retirement age may help add some cushion to a retirement account that divorce may have negatively impacted.

Mediation may be worth considering for New York divorce

If the idea of having to go through drawn out courtroom litigation is holding someone back from ending a marriage, it may be worth remembering that conflict does not have to rule every case. If New York residents feel that they could potentially come to agreements with their soon-to-be exes, they may want to consider other divorce options. Mediation, for instance, may be a viable avenue for many people.

Though some parties may not know much about mediation, they could potentially have to go through this step anyway. Many courts across the country are making more orders for divorcing couples to first attempt mediation to come to settlement terms on their own with the help of a mediator instead of jumping into litigation. Of course, mediation is not for everyone, and litigation may still need to occur later.

A QDRO could play an important role in New York divorce cases

Once a spouse announced that he or she wanted to end the marriage, it may only have taken a short amount of time before each party started trying to decide how to get what he or she wants from the legal process. There are many aspects to divorce, and property division often causes many individuals to feel the most stress. Understanding marital property, separate property, distribution laws and necessary forms can seem overwhelming.

In particular, retirement accounts may prove difficult to split. Some New York readers may think that these accounts are off limits, but unless that decision was made through a mutual agreement between the divorcing parties, such as with a prenuptial agreement, retirement funds could be divided. Of course, because retirement funds typically remain out of reach for even the account holder, dividing them early can take extra effort.

Steps to divorce-proof a company

Many people dream of one day opening their own business. These entrepreneurs work so hard to attain their goals, but once a marriage falls through, the former spouse takes everything. It is for this reason that Forbes suggests small business owners should absolutely invest in a prenuptial agreement to ensure the company will be safe should the marriage ever dissolve. 

In addition to acquiring a prenup agreement, an entrepreneur can take several other steps to divorce-proof a business. The sooner you begin implementing these suggestions, the better off you will be. 

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