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Suffolk County Family Law Blog

Shared parenting may be best for child development

When children are involved, divorce is rarely easy. Custody battles can destroy families for years to come after a divorce is final, leaving the children at the heart of the conflict with a great deal of unnecessary pain and, in many cases, uneven maturation. If you and your spouse are approaching divorce and want to protect your children from harm, you need to think long and hard about a custody arrangement that is truly best for them.

In many custody disputes, it is difficult to approach the idea of shared parenting. Divorcing couples rarely enjoy the idea of remaining more involved than absolutely necessary with their soon-to-be exes, but according to recent research, shared parenting is often far better for children's development.

Think twice before moving out of your house during divorce

There are many reasons that people move out of their houses during divorce, even if they do not want to. For example, suppose you got home one day, and your spouse said, “I am filing for divorce. You need to get out. Go now. I have packed your bags.” In a confused daze, you left.

Or perhaps you are the one who filed, and you feel guilty about it. You decide to move out. However, moving out can be a mistake, whatever the reasons are behind it and whatever your financial affairs look like.

Yes, you can save your business from your divorce

As a business owner facing a divorce, you have some very tough decisions in front of you. The good news is that it is possible to keep your business intact through your divorce, but the less pleasant news is that doing so usually requires making some very serious sacrifices.

If you and your spouse are divorcing on relatively amicable terms, you might consider presenting them with a postnuptial agreement that allows you to keep the business without having to divide it up in the divorce negotiation. However, in the absence of this possibility, you must prioritize the business over virtually all other assets if you hope to save it.

How property is divided in divorce

Divorce can be a difficult realization for millions of people, even for those who are exiting a strong marriage. There are times when people realize marriage isn't for them or that they no longer want to be married to each other. Here's a brief discussion on how property is divided in divorce.

The state of New York operates under the rule of equitable distribution, which means that all the marital property will be divided equally among the divorcing couple. This is done by a judge, who will make the determination based on the earning power of each spouse, how long the marriage lasted and who earned the property being divided.

What happens to your home after a divorce?

Many married couples make a huge financial investment in a home with the idea that they will stay together and pay off the mortgage down the road. But if things did not go like you had hoped and the marriage ends before the mortgage is paid off, what happens to the loan when both your names are on it?

There are several options for handling a home loan during divorce. Choosing the right one is a matter of your financial circumstances, your credit score and the preference of your ex.

More older couples thinking about divorce financial impacts

More and more older couples are thinking about the financial impacts of divorce even though the number of gray divorces has doubled in the past 25 years, according to research from the Pew Research Center. Gray divorces are those that occur over the age of 50, for the most part. There are some who view gray marriages as those over 60 whose children are grown

As people age, so too does their marriage. The longer a couple remains married, the more complicated a potential divorce becomes. Some older couples decide to live apart for years instead of formally filing for divorce because of these complications.

How to appeal a family law ruling

Family law can be a contentious subject for some and not that big of a problem for others. There are some families that can handle issues involving child support, child custody, divorce and alimony without much arguing. But, there are plenty of families out there who need help solving family law issues. Here's how you can appeal a family law ruling.

There are only two people who can file a family law appeal; the petitioner and the respondent. The petitioner is the person who originated the family law case and the respondent is the person who the original case was filed against. An appeal can only be filed once the original case has been ruled upon by a family court judge.

3 mistakes to avoid during your high-asset divorce

Divorce not only has a significant emotional impact, but it hits your finances hard as well. Unless your divorce was short and neither of you had valuable assets, dividing property can be potentially difficult and contentious. If you and your spouse have significant assets, the stakes are higher and the process more complicated.

High-value assets affect nearly every part of your divorce. Due to valuable assets at stake, missteps can be costly. Here are mistakes to avoid during your high-asset divorce so you can protect your financial future.

What might you be asked during a child custody hearing?

Naturally, the questions you could be asked at a child custody hearing differ from case to case. There are always specific concerns and the answers you give can lead to more intensive questioning. However, if you're now getting ready for your first time in court, these are some questions you may face:

1. What do your finances look like? Do you work, or were you being supported by your spouse? This question can help determine if child support is needed, but, no matter how you obtain the money, the court will want to see that you can provide for and care for the child.

Child custody and the law in New York

Family law issues fall under the jurisdiction of the state where the family lives, and the same can be said for child custody issues. Child custody can become a serious matter when parents and even grandparents start fighting over who is supposed to have custody of the children. The following are the laws for child custody in the state of New York.

A child custody agreement is reached in New York using the best interest of the child in all cases. In the state, the courts refer to this as the best interest of the child standard. A host of factors are taken into account by the courts before making their decisions regarding the child custody agreement:

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