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Garden City NY Divorce Law Blog

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.

What can I do if I’m not happy with my property valuation?

It is very common for a property owner to challenge the valuation of their property. One of the reasons for this is that the tax implications of the valuation can be dramatic. Usually as a property owner you are allowed to meet with the assessor to present your case. It is important to remember that mentioning that your taxes are too high as the basis of your argument will never help your case.

Following is a brief overview of the best strategies for challenging a property valuation, particularly if you are facing the division of your property, and what to do if you cannot afford the assessment taxes on your property.

A common cause of divorce, according to divorce attorneys

During the summer, weddings are happening all over the country. Newlyweds and wary millennials want to know how to make marriages last. There are a lot of pieces of advice available regarding how to make a marriage work. However, divorce attorneys say there is a trend developing that is ruining marriages: pornography.

The American Academy of Matrimonial Lawyers held an informal meeting in 2002 and asked 350 divorce lawyers about the common reasons for marital break-ups. About 60 percent responded that internet porn has played a role in more than half of their divorce cases.

Important items to include in a prenuptial agreement

An engagement period is one of the most magical times in life for a couple in love. Even though the period can be stressful due to so much planning, it is still a time for celebration. The excitement can lead many couples to forget one important thing: the creation of a prenuptial agreement. Here are some important items to include in a prenup.

Your prenuptial agreement should include any separate property each spouse brings into the marriage. Let the document define that this separate property is to remain separate property if the couple were to get divorced. This prevents a contentious discussion about who will get to take the property in question.

How a divorce affects inheritance

Divorce is a difficult process that affects all shared property, which is at least anything the spouses acquired together during the marriage. However, in some cases, divorce can affect a person's inheritance from a family member or colleague.

Inheritances are generally not considered marital property - an asset gained during a marriage - so an equal split between spouses is rare. If it shared, however, rules vary by state on how cash or assets may be divided or recovered by an heir or heiress.

Should I listen to my friends' divorce advice?

People who are divorced have learned a few things about this life-altering event. Many people will offer their advice on the matter, even if you haven't asked for it. Should you listen to this advice?

While you should ignore all of your friends when they are trying to tell you a thing or two about divorce, you have to remember that your relationship was different from anyone else's. Perhaps you don't have any children, so listening to how you can beat your soon-to-be ex-spouse at keeping custody of your pet is really not applicable. However, it goes much deeper than that.

Should you fight for the house in your divorce?

There are many things worth fighting for in your divorce. Chances are good that you believe the family home is one of them. But could you be wrong?

Family homes carry both literal price tags and heavy emotional attachments. The difficulty is learning how to separate the two and considering the cost of both dispassionately.

Saturday, October 21, 2017

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