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Garden City NY Divorce Law Blog

Alternatives to a messy Long Island divorce

A divorce in Nassau or Suffolk Counties may be unpleasant — no divorce is ever enjoyable — but it does not need to be a terrible experience. With the right attitude, expectations and legal representation, ending a marriage on Long Island can be almost as easy as starting one.

"Messy" divorces are usually contested divorces, which pit spouse against spouse for control of property, assets and — the one thing you want to avoid fights over — children and child custody. These are often expensive and prolonged processes that are demoralizing and hurtful. The good news is that there are other ways to avoid a contested divorce if spouses agree on important main points.

Seeking child support or custody on Long Island

Divorce and separation are difficult for anyone. Even amicable breakups can result in animosity over the tough decisions that have to be made. One of the largest difficulties is around any children that were born and raised during the relationship or marriage.

Making sure that children are able to live their best lives is the main concern of dutiful parents, as well as the Child Support Enforcement departments of Nassau and Suffolk Counties. These authorities can help parents and children make sure that parents continue to fulfill responsibilities after divorce or the end of a relationship.

Correcting a mistake in marital property division

Other than children, division of martial property is probably the most important and contentious part of a Long Island divorce. Both spouses must be ready to demonstrate their claims to marital property if they are not simply -- or amicably -- dividing property acquired during their marriage.

The state of New York stands by the concept of equitable distribution when it comes to dividing marital property previous to the conclusion of a divorce. This means that spouses are entitled to allotments of shared property equal to their investment or apparent claim to the property.

Preparing an uncontested divorce on Long Island

Ending a marriage is almost never easy. Especially when a couple has children or has amassed property or other assets during the marriage, the legal process to end it and divide any wealth created together can be complicated.

There are generally more complicated procedures involved if one spouse does not agree to pursue divorce, often called a contested divorce. Efforts are less exhaustive when a divorce is uncontested, in which neither spouse argues about the aspects of the divorce.

Considering child support on Long Island

Even if half of all marriages now end in divorce, that doesn't make the process any easier. It is always difficult to end a marriage, even if the spouses agree and maintain friendly relations throughout the process.

Any parent knows that divorce, separation and new habitation arrangements are especially difficult on children. No child wants to see disagreement and discord in their house, and the emotional toll can be large on a young mind.

How can I get the right documents for my Long Island divorce?

Divorce is never easy, especially when you are bringing an emotional problem into the realm of legal speech and requirement.

Although the process can be lengthy and complicated, much of the legwork in finding the right documents for property division and other related issues can be done with the help of Nassau County services and the internet.

Types of divorce on Long Island

Divorce is never easy. First, you had to deal with the collapse of a cherished relationship. Then you and your spouse have to navigate a complicated and difficult legal process while you are dealing with the emotions of the situation. In these cases, knowing how to move forward is the best form of peace of mind.

The laws of Nassau and Suffolk counties try to make this tribulation a little easier, with some relatively clear-cut types of and rules for divorce. One of the most important decisions to make if you are filing for divorce is the grounds you are claiming for the move to dissolve a marriage.

Long Island ruling reshapes parental rights

Divorce is nearly always a difficult process. Emotional separation is hard enough without considering the financial and practical consequences of breaking up a household. Although property and assets often get the bulk of legal attention during the process, nothing is more important to protect during a divorce than the welfare of children.

Child custody arrangements are very important, although they are rarely permanent. Family court and other authorities judge the best options based on the health and happiness of the child in question. Elements involve physical custody, such as where a child will live, and financial responsibility for his or her life expenses.

Requirements for child support in Nassau County

Child custody can be a complicated issue for divorcing or unmarried parents. Several legal requirements and responsibilities have to be spelled out for the welfare of the family and, first in priority, the child.

Establishing paternity may be necessary as well. If a divorcing or unmarried parent wished to ensure child support through a legal declaration of paternity, there are voluntary options for noncontested paternity and petitions through family court if legal paternity must be assigned without a volunteer.

Protecting your retirement plan is important during divorce

One of the things you may fear about your divorce is the possibility of losing your retirement savings. You've saved up for years to make sure you'll have a comfortable retirement, and the idea that your hard work was in vain is almost too much to handle. Fortunately, there are ways that you can protect your retirement.

First, remember that you shouldn't withdraw funds early to pay off your spouse. If you tap into your retirement to pay your spouse his or her portion of the settlement agreement, you'll incur a 10 percent penalty on your withdrawal unless the judge has already ordered you to divide your assets. You'll pay taxes on any withdrawals you make before the age of 59 1/2 as well.

Tuesday, January 16, 2018

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