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Blog Posts in January, 2014

  • A Dozen Tips for Divorcing Parents

    || 31-Jan-2014

    While it can be beneficial in the long run for kids to no longer live in a home filled with debilitating strife, a divorce will also certainly be a traumatic experience for children, an experience that can affect them their whole lives. If you are a divorcing parent, your chief concern may be the affect your divorce will have on your kids. The good news is, there is a lot you can do to shield your ...
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  • Ex-Governor Paterson Getting an Uncontested Divorce

    || 30-Jan-2014

    Former New York Governor David Paterson and his spouse Michelle Paterson filed for divorce on Friday, January 17. The couple was married for more than 20 years and had separated in September of 2012, saying that it was "mutual and amicable". They are now pursuing an amicable divorce, having submitted a petition for an uncontested divorce to the Manhattan Supreme Court. The divorce looks ...
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  • Nine Ways to Prepare Financially for Your Divorce

    || 29-Jan-2014

    When faced with the prospect of a divorce, not only do people face a process that is grueling emotionally, but they are looking at a complex process filled with daunting paperwork. It takes a lot of work to extricate yourself from the life you once shared with someone else. Many people are at a loss as to where to even start, especially if the divorce was unexpected news. If you take several ...
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  • Same-Sex Divorce when There Are Multiple Registrations

    || 28-Jan-2014

    As difficult as any divorce is, changing laws can make this process even more difficult. This is the case with same-sex divorce, especially when a couple has registered for a civil union or domestic partnership in another state. Say for instance that a couple registered as beneficiary partners in Hawaii, entered a civil union in Colorado, or registered as domestic partners in Nevada. Then they ...
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  • The Divorce Mediation Process

    || 27-Jan-2014

    Instead of placing your future in the hands of a judge who hardly has time to get acquainted with your circumstances, you and your spouse can dictate the terms of your future with the help of a mediator. The typical divorce mediation will progress along five stages. If you are researching the benefits of a mediated divorce and want to know whether this process would work for you, read on to get an ...
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  • Financial Reasons to Consider a Legal Separation Instead of a Divorce

    || 24-Jan-2014

    While there are sometimes religious or personal reasons for couple to want to get a legal separation, it is also worth looking into the financial consequences of a legal separation. There are several financial benefits that a separation can provide, and sometimes, these are reasons enough for a couple to get a separation instead of a divorce. Here are some of them. 1. Social Security benefits. If ...
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  • An Overview of Domestic Partnership in New York

    || 23-Jan-2014

    While Domestic Partnerships originally began around 1980 when gay and lesbian couples wanted a legally recognized relationship, this is now something that can be available to any couple. A couple can enter a Domestic Partnership if they are unmarried, cohabitating, and want to avail themselves of certain benefits and legal protections given to married couples. To be eligible to register, neither ...
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  • Tips on How to Ask Your Spouse for a Mediated Divorce

    || 22-Jan-2014

    If you have examined how divorce mediation works, and you think this process could work for your dissolution of marriage, then you may still have to figure out how to broach the topic to your spouse. You will have to assess whether at this point you and your spouse will be able to communicate in person about this issue, or whether you will need to give them this suggestion in writing. To help you ...
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  • Child Custody in Same-Sex Divorce

    || 21-Jan-2014

    The divorce process is complicated for any couple, and matters of child custody only escalate the intensity of the divorce. Nowhere is this truer than in areas of law that are relatively recent. For same-sex couples wanting to get a divorce, the process is already riddled with uncertainty, expenses, and courts that are still figuring out how this process works. When all this can come together to ...
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  • Is January Really Divorce Month?

    || 20-Jan-2014

    In general, the trend has been that January is the busiest month of the year for divorce lawyers. Couples who have barely survived the holidays are finally ready to announce their decision to split, the holidays have added that final strain on their relationship, or a spouse has reevaluated their life at the New Year and realized that their marriage has crumbled. Whatever the reason, the ...
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  • Legal Separation and Separate Maintenance in Long Island

    || 17-Jan-2014

    If a married couple wants breathing space, if they are uncertain about getting a divorce, or if for insurance reasons they do not want a divorce, then legal separation can be what they need. While legal separation may involve creating an agreement on child custody, property division, and support payments, it is not the same as a divorce, mainly because a couple is still legally married, despite ...
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  • How to Respond to a Spouse's Financial Threats

    || 16-Jan-2014

    While many couples do go into a divorce seeking to find an amicable resolution and some of them do achieve it, the reality is, no divorce is going to involve spouses who get along politely the whole process through, and then walk away with a settlement that they are both happy with. Matters are more complicated when your financial future is under threat from your spouse. Now if you face threats of ...
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  • When Divorce Mediation Is Not Right for You

    || 15-Jan-2014

    It may be surprising to learn that many, many divorces are candidates for mediation. In fact, even when spouses are sparring, or even when there has been infidelity, it is still possible to pull off a mediated divorce, and to take away the benefits of saving time, stress, and money. While the time saved is one reason that money is saved, the process can also be extremely low-cost because having an ...
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  • Types of Maintenances in New York

    || 14-Jan-2014

    Maintenance is the term used for alimony, or spousal support, in New York. Whether or not a judge will order maintenance can be a complex decision, hinging on numerous issues. Similarly, the type of maintenance and how much of it is ordered will depend on a myriad of intersecting factors. Maintenance can be short-term or long-term, and even then, there are further distinctions. Here is a breakdown ...
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  • Federal Marriage Benefits for Same-Sex Married Couples

    || 13-Jan-2014

    As Utah has currently put a hold on its recognition of same-sex marriages, the federal government has issued an announcement that will be unaffected by the state's decision. The Department of Justice announced last week that the more than 1,300 same sex-marriages in Utah will be recognized by the federal government. This means that these couples will be eligible for the same federal benefits ...
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  • Your Rights in a Legal Separation

    || 10-Jan-2014

    Legal separation has much in common with a divorce, and for some couples, it is only a stepping stone to getting a full-blown divorce. For other couples, it allows them to separate without violating their religious beliefs. Others find that legal separation gives them breathing space from their spouse as they try to sort out their relationship. In a legal separation, spouses are still legally ...
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  • Property Division in New York: How to Have Realistic Expectations

    || 9-Jan-2014

    It is the unscrupulous divorce lawyer who will tell you that you deserve every cent in the divorce, and that they can guarantee you this result. For one thing, there are no guarantees in the legal field. And in New York, while it is true that a 50/50 split is not automatic, this is because in New York, property division is supposed to be equitable (fair). What does "fair" mean to a New ...
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  • Five Divorce Problems that Mediation Can Solve

    || 8-Jan-2014

    Divorce is a complex area of law, upon which rest the futures of a family. With so much at stake amidst a maelstrom of emotions, divorce can be laden with potential pitfalls and numerous difficulties. While every situation will call for its own solution, for many divorcing couples, divorce mediation can be the way to mitigate the stress of courtroom procedures, to get a fair divorce settlement, to ...
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  • Understanding Paternity in New York

    || 7-Jan-2014

    What exactly is paternity in New York? It is a legal status, the status of being a father. Being a legal father means needing to fulfill duties in supporting a child, and sometimes having the rights to custody and visitation as well. Keep reading to find out how to establish paternity in New York, and what the benefits of this legal status are for the parents and the child. First of all, there are ...
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  • Reasons to Get an Uncontested Divorce in New York

    || 6-Jan-2014

    When spouses absolutely fail to meet an agreement on the terms of their divorce, their case will be launched into a divorce trial, where a judge will make the final decisions for a couple. This means a great deal of time spent simply waiting for the next available time to schedule court hearings. It also means that the divorce would go public, and it could get heated. Sometimes though, a contested ...
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  • Five Financial Mistakes You Can Easily Avoid in a Divorce

    || 3-Jan-2014

    One of the top concerns facing any couple in a divorce are concerns about finances. This is especially true if one spouse handled the finances, while the other spouse did not. If your spouse knows the ins and outs of your finances, and you do not know your spouse's financial matters, then you could be severely disadvantaged. This would be one of the top mistakes you could commit in a divorce, ...
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  • Maintaining Stability for Your Kids During a Divorce

    || 2-Jan-2014

    As traumatic as a divorce can be for anyone, a divorce can hit kids especially hard. If a divorce means a move, then your child may further be separated from school and friends. It is vital that you do what you can to eliminate as much stress as possible, creating as stable an environment for your children as is possible given the circumstances. If you can, you want a child's support groups to ...
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  • Overcoming Some of the Financial Difficulties of a Divorce

    || 1-Jan-2014

    At whatever point in life a couple finds themselves gearing up for a divorce, one of the main problems they face is a lack of awareness of the far-ranging financial effects of the process. The current economy is of no help in this matter either. If you are staring in the face of a divorce, then you need to take financial precautions to safeguard your future plans. Here are some of the steps you ...
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