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Garden City NY Divorce Law Blog

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.

What are child custody issues with parents and mental illness?

In some states, parents can lose custody of their children if they suffer from mental health issues. In some cases, parents won't even seek mental health services because they fear they will lose their children if they do so. What are some issues that arise in child custody when parents deal with mental illness?

According to some studies, custody loss rates for parents with mental illness range as high as 70 to 80 percent. These studies have found the following:

'Prank' videos could end in parents losing custody of 2 of 5 kids

Several videos on a YouTube channel could end up costing a father and stepmother custody of two of their five children. The videos were heavily criticized by viewers who believed the actions of the father and stepmother amounted to verbal and physical abuse.

Deputies with the local sheriff's office took two of the children and placed them with their biological mother. A hearing will be held to determine if the temporary custody will become permanent custody.

What is marital and separate property in a divorce

Considering the number of people who marry later in life or remarry after a divorce, it's quite common for spouses to have separate property they already owned.

Marital property includes any resources or assets that a couple amass collectively during the course of their marriage. While signing either a prenuptial or postnuptial agreement with your spouse is a particularly effective way to document ownership of assets, many fail to protect themselves this way.

Must I let my ex take my minor child out of the United States?

Some divorced parents want to expose their children to international travel at a young age. While rearing globe-trotting tots may not be a goal of all parents, there are many who choose this type of lifestyle for themselves and their children.

However, American kids 15 and under require both parents to personally appear in order for application to be made for the child to get a passport. Both parents must supply proof of parentage at the time.

Divorce and pets: New York bill introduced for pet custody

Custody disputes aren't just for couples with children. Fights over pets can quickly evolve into dramatic battles during a divorce.

Courts see pets as property, for the most part. Recently, though, some advocacy groups and state legislators are starting to promote the idea that the courts need to ensure the best interests of these beloved creatures.

How mediation can help during divorce

When you're getting divorced, one option that you have is to use mediation for at least part of the process. Now, it's not for everyone, but it's important to consider some of the benefits.

For one thing, it means you get to make decisions in a more relaxed setting. If going to court makes you nervous and you're worried you won't really get to fight for what you want, meeting with your legal team, your spouse, and the mediator can help take some of the pressure off.

Plan for your children far into the future

One thing that many people don't think about when they are dealing with divorce and custody issues is how future plans could impact those issues. If, for example, you spend a great deal of time and effort fighting for sole custody of children because you don't think they would be safe with the other spouse, you probably don't want to leave their care up to chance if something should happen to you.

Even if you aren't in such an extreme situation, you still might want to ensure some of your wishes are adhered to as your children grow, even if you aren't still there. If you have joint custody, for example, you might want to try to ensure that your children will still see your parents on a regular basis or be involved with your side of the family should something happen and full custody go to the other parent after you are gone.

Wednesday, July 26, 2017

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