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Lake Grove Family Law Blog

Property division info may affect outcomes in New York divorces

Knowing what to expect when it comes to divorce proceedings is not always easy. Many people may have misconceptions about certain aspects of the process or simply lack the correct information altogether. When it comes to property division, a lack of knowledge could result in New York residents ending up with unwelcome outcomes.

One of the first aspects to understand when it comes to dividing property is what counts as marital property and what counts as separate property. Essentially, assets acquired during the marriage count as marital property, regardless of which individual is the actual owner. When it comes to separate property, assets that each person owned before getting married typically remain his or her own separate property and exempt from potential division.

New York residents may cite lack of closeness as divorce reason

The final straw that results in someone deciding to end a marriage varies from person to person. Though the exact cause of divorce is often deeply rooted in uniquely personal aspects of the relationship, there are some common factors that many New York residents may face over the course of their relationships. For some, the loss of closeness plays a role in their choosing to move on.

Having the ability to remain intimate with a spouse can often result in happy, healthy marriages. However, over the course of time, many couples find that their sex lives are no longer what they used to be, and they do not connect on an emotionally intimate level any longer either. As a result, they may have a breakdown in communication and closeness that leads to distant feelings.

Broaching the topic of divorce may differ for New York residents

Choosing to end a marriage is a major life decision that often comes after great debate and consideration. Though some New York residents may want to make their relationships work as best as possible, they do not always reach the outcomes they desired. Because deciding to divorce can impact many people, determining the best way to broach the topic can prove challenging.

One man gave his account of how he brought up the topic with his now ex-wife. Apparently, his wife had cheated on him with a co-worker, which could put any relationship on the rocks. He stated that she told him about the affair and expressed remorse over carrying out such actions. He wanted to get past the issue in hopes of making the marriage work.

Child custody, divorce stress may impact health of New York kids

Having kids and going through divorce can be one of the most difficult challenges for New York parents to handle. Not only must they deal with the legal aspects regarding child custody and other issues, but they undoubtedly also want to ensure that their children are handling the situation as well as possible. However, some children do not always come out unaffected.

It was recently reported that divorce can have certain health impacts on children in some cases. Apparently, children of divorce are twice as likely to have gastrointestinal, dermatological, neurological and other issues than children whose parents have not separated. The study used to find this data involved 467 children whose ages ranged from 2 to 18. Luckily, other potentially serious health issues like cardiovascular and respiratory problems did not seem to be impacted.

Fear may affect decisions when it comes to divorce in New York

Fear can drive many people to make decisions that may not necessarily be the best. Because fear is such a strong emotion, it can be difficult to quell that feeling in order to make clear choices. However, when the decision revolves around a significant life event, like whether to divorce, understanding what is causing the fear may help New York residents follow the best paths for their circumstances.

Though they may be considering ending their marriages, some parties may also consider staying married for various reasons. In some cases, the fear of being single or of making a mistake can cause individuals to remain in unhappy situations. However, some people may not fully realize that those fears are keeping them from moving forward. 

Dealing with divorce when you co-own a business

Divorce is a difficult situation by itself. Running a business is a high-pressure scenario, too. Combine these, and the results unsurprisingly add up to an excess of stress. When you own or operate a business with your partner, and your partner is about to become your ex, it may not always be clear what protocol would necessitate. According to the New York Times, some couples are able to continue working together, but many are not. No matter which direction you and your ex go, the following are important principles to keep in mind.

Redefine lines that became blurred

Business valuation may play role in New York property division

Business owners often want to put their best efforts forward when it comes to protecting their companies. However, some events may seem relatively unexpected, and parties could find themselves doing damage control in hopes of having their company face minimal impacts. For some New York residents, divorce and property division could be one of those life events that leave businesspeople looking for the best strategies.

During such a situation, knowing the value of the business can play an important role. If both spouses run the business, the possibility exists that the company will need to be divided between both parties. Therefore, obtaining a proper business valuation can help individuals determine how much money would be needed to conduct a buyout from one spouse or what similarly valued property could be exchanged in order for one party to retain full ownership.

Political strife may lead New York residents to divorce

A variety issues can cause couples to have disagreements. When those individuals have differing views on certain topics, it is not uncommon for conflicts to take place when those topics are broached. Though many New York residents may be able to look past those differing opinions and continue their relationships, some issues may become too great. As a result, couples could end up facing divorce.

One issue that often drives a wedge between individuals -- married or not -- is politics. A recent research study showed that numerous individuals have been ending their relationship due to political differences. In fact, one in 10 couples have seen such outcomes, and that statistic increases for younger couples. Recent political strife has apparently cause these numbers to increase.

Retirement accounts may be concern during divorce in New York

Though ending a marriage can be an emotional experience, individuals may do better to keep their emotions out of the legal proceedings as much as possible. By remaining level headed throughout the divorce, New York residents may have a greater chance of making rational decisions. Additionally, parties may also want to remember to focus on certain assets that could easily be overlooked.

Understanding what could happen to retirement accounts may be important to many individuals. When going through property division proceedings, retirement accounts will be divided fairly between both parties. Therefore, while a person's spouse may not necessarily gain a 50/50 take of the accounts, the possibility for this outcome does exist. The amount that each party gets depends on the worth of the account and other assets involved. 

Hostile divorce can impact New York parents and kids

Though many individuals may want to move on from their previous relationship after ending a marriage, repercussions from that situation could have lasting impacts. Many New York residents have children who will have to deal with the effects of their parents' divorce. Unfortunately, this situation can be made more difficult by a hostile ex.

Some individuals can face difficulties with an ex for years. One individual was even in a predicament in which his ex-wife went out of her way to spread lies in order to ruin his career. Other individuals have faced circumstances in which parents have made remarks to children regarding their disdain for their exes, and as a result, the children have had to bear the distress associated with hearing such comments. 

We can help. email or call (631) 615-1724 to schedule a free consultation today.

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Divorce: a Practical Guide

Divorce: A Practical Guide

Attorney Jusino’s new book on divorce is an easy read and full of valuable information. Learn More