Making the decision to end a marriage can be a long, emotional process. Some spouses think for years about leaving their husband or wife before finally contacting an attorney and initiating legal action. For many people, the process of choosing whether to divorce can be so burdensome that they don’t spend a lot of time… Read More »
The divorce process legally ends a marriage and necessarily creates agreements about spousal support, division of assets and child custody if there are children. Many couples can make decisions themselves or with the aid of an attorney or mediator. However, if you are not lucky enough to be half of one of those couples, your… Read More »
Rotating spheres of influence are usually done when there is joint decision making but the parents can’t decide equally on all decisions, because one parent has specific specialty or knowledge or interest in an area of decisions. For example, since the commencement of a divorce, one party has a specific religious zeal or passion that… Read More »
Deciding to live together is a big step in a relationship. You make a commitment that feels similar to marriage. Unfortunately, you do not receive the automatic legal protections that you do through a marriage. For example, New York inheritance laws provide protections for each spouse that is not available to unmarried partners. In addition,… Read More »
In the past, many jurisdictions in the United States relied upon the tender years doctrine in child custody cases. This doctrine essentially created a presumption in favor of the mother in custody disputes involving children under a certain age. Most states, including New York, have departed from this doctrine as an officially recognized principle of… Read More »
Divorce litigation can be lengthy and expensive. Court and attorney fees are high and waiting for a hearing can take months. Additionally, court-ordered divorce settlements often end up being all-or-nothing arrangements that skew in favor of one party or the other. For divorcing couples who are still able and willing to work together, litigation alternatives… Read More »
Many people see prenuptial agreements as a poor way to start a marriage because they seem to anticipate its failure. But with nearly 50,000 New York marriages ending in divorce in 2009, getting married without a prenuptial agreement—also called an antenuptial agreement or prenup—can be a risky proposition. A prenuptial agreement is essentially a contract… Read More »