If a married couple has a child together, the presumption will typically be that the husband is the father. However, when the couple is not married, it is necessary to establish the father’s paternity when the child is born to protect both parent’s parental rights, and the baby’s long-term support. Disputes involving child support and child custody will factor in…
In New York, spouses may seek a no-fault or fault divorce. In no-fault divorce, the filing spouse only needs to demonstrate an irretrievable breakdown of the marriage for at least six months. The stakes are a bit higher in a divorce filed with fault-based grounds, as the filling souse must prove the presence of physical or mental abuse, abandonment (at…
Relinquishment of parental rights can occur forcibly or voluntarily. It most commonly occurs during an adoption process, in which birth parents relinquish their parental rights to give an adoptive family full legal custody over the child. While that does not necessarily mean the birth parents can never again have contact with the child, there are some cases in which that…
In some situations, certain extended family members of either spouse (such as grandparents, aunts, uncles and cousins) may wonder what rights they have to visit or even take custody of a child. While there are some limited visitation rights available for some extended family members (and only if the parents approve of the visitation), custody rights are an entirely different…
Sometimes, a severe lack of trust between two people can make the discovery process in a divorce much more difficult than it otherwise needs to be. The use of a private investigator can help discover missing assets or identify risky or dangerous behavior that could impact the decisions made in your divorce. Before you decide to hire a private investigator,…
Parental alienation is a severe side effect of divorce, one that often occurs as a result of one parent attempting to brainwash their children into having negative feelings toward the other. Some level of parental alienation occurs in up to 15 percent of divorces. However, it is crucial for children to be able to emerge from the divorce process with…
It likely comes as no surprise that a couple’s financial situation can have a large influence on strains in the relationship that could lead to divorce. According to a survey by SunTrust Bank, money is the leading cause of stress in relationships, with 35 percent of people surveyed naming finances as their chief source of trouble in their marriage. The…
One of the most common pieces of advice people receive after they’ve gone through a divorce is to use their newly found freedom and free time to get involved in new hobbies. This might seem a bit trite or overly simplistic, but it’s true — both your mental and physical health can benefit from trying new things after you’ve emerged…
If you and your former partner have children, you will need to maintain a relationship with some level of cordiality for the sake of raising those kids. Co-parenting can be a tough challenge for divorced parents, especially in particularly contentious relationships. Fortunately, the challenges that come with it can be overcome with maturity and communication. Below are just a few…
Numerous studies have shown how Millennials are waiting longer than previous generations to get married. This, many experts believe, is the primary reason for a drastically decreasing divorce rate nationwide. However, that’s not the only trend Millennials seem to be driving in the world of marriage. They are also more likely than previous generations to use prenuptial agreements. Attorneys conduct…