As you consider potential attorneys to represent you in your divorce, you’ll sit down with each candidate for an initial consultation. These meetings are very important, as they give you an idea of the way an attorney works, what he or she thinks of your case and how qualified he or she is to handle it. In a consultation, the…
Dissolving a marriage can be a difficult and confusing experience, and most people are not prepared for the emotional strain divorce has on them, their children and anyone else involved. Anticipating the stresses your divorce may bring can help you ready yourself and react to disputes in a mature and rational way. As you approach divorce, make sure to consider…
Some might say that divorce is at epidemic levels in the United States. We’ve all heard the statistic that 50 percent of marriages end up in divorce — and while, in actuality, this figure is a misrepresentation, the truth is that America’s divorce rates are the highest in the world. Additionally, older couples are divorcing more and more frequently. So…
Common law marriage is the concept of a couple living together for a certain amount of time and thereby automatically gaining status as a married couple. While some states recognize common law marriages, New York is not one of them. In New York, a couple must take measures to legally wed in a civil proceeding or church ceremony in order…
Going through a divorce is bound to elicit strong emotions — after all, you may be rehashing painful memories from your marriage and dealing with difficult issues such as child custody. It can be easy to let your spouse get the best of you emotionally, especially when he or she is acting in a spiteful, juvenile or contrary way. By…
In June, the U.S. Supreme Court addressed two cases before it concerning the rights of same-sex couples. The response of the court on these two issues was as follows: United States v. Windsor — The court ruled Section Three of the Defense of Marriage Act (DOMA) is unconstitutional and deprives citizens of their liberty under the Fifth Amendment of the…
In high-conflict divorce matters, the use of a parenting coordinator is sometimes suggested. What is a parenting coordinator, and can one really help? According to the American Psychological Association, parenting coordination is a nonadversarial dispute resolution process ordered by a court or agreed to and paid for by parents. For families routinely using lawyer-assisted negotiation and litigation to resolve disputes,…
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 case will continue toward trial…
A few years ago, a cluster of celebrity divorces gave rise to the idea that divorce could be contagious. It was thought that seeing high-profile couples calling it quits was having a ripple effect on people in general deciding to separate. Yet, there are still many people who stay in an unhappy marriage for decades before deciding they are done.…
When your spouse asked to separate, you agreed. Because you have children, you urged your spouse to work through divorce collaboratively or through mediation. Seven months down the road, you feel stymied. Your spouse appears to have no interest in recognizing the issues and, worse yet, is making serious, unfounded accusations against you. What’s going on? While it takes two…