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Lake Grove Family Law Blog

Using "nuptials" to deter cheating

One way that some couples try to deter one or both of them from cheating is the use of a prenuptial agreement or a postnuptial agreement. For example, a prenuptial might state that Spouse A is due $200,000 if Spouse B cheats and the marriage has to end. If there is no such stipulation in a prenuptial, a couple could decide to write a postnuptial agreement. This can be especially common if one spouse does cheat during the marriage.

In one regard, such an agreement gives the spouse who cheats a way to show how serious he or she is about committing to the marriage. By signing the agreement, the spouse acknowledges the financial consequences that may come if he or she cheats again. All that said, there can be some problems with using "nuptial" agreements to deter cheating.

Fear of embarrassment may have parties delaying divorce

Deciding on the best time to end a marriage is no easy task. Many New York residents have different reasons for choosing the timing of their divorce filings. However, certain fears may be keeping individuals together longer than they perhaps should be or want to be. Rather than attempting to move toward a happier future, some parties may let feelings of possible fear and embarrassment hold them back.

Feelings of failure are not uncommon when it comes to divorce. Numerous individuals may think that if they had tried harder or found the right solution, their marriage would have been successful. However, that is not always how these situations work. For many people, leaving an unhappy or unhealthy relationship can actually act as a beneficial turning point rather than a mark of failure or indicate that the people themselves are failures.

Emotional abuse may have New York residents considering divorce

When a person is in an abusive relationship, he or she may feel trapped. Unfortunately, many individuals have a difficult time escaping abuse, and finding the best way to do so can prove tricky. In some cases, New York residents may consider filing for divorce in order to remove themselves from the hostile environment.

Though many people may think that physical abuse often causes individuals to feel that relationships are toxic, emotional abuse can cause unhealthy relationships as well. This type of abuse can come in many forms, such as constantly facing blame. If a person is continually blamed by his or her spouse for issues ranging from insignificant to major, he or she may be facing emotional abuse. Even for issues that a person has no control over, an emotionally-abusive spouse may place unnecessary blame on that individual.

Retirement accounts need extra attention during property division

The time has come to inventory assets and work toward finding the best possible outcomes for dividing those assets in divorce. Many New York residents have likely dreaded this part of the legal process, but property division is usually necessary when marital relationships end. Over the years, numerous items and accounts were likely accumulated, and knowing how to divvy up those assets may not always be easy.

In cases of retirement accounts, some parties may wonder whether they can even be divided. Though these funds are typically provided by an individual's employer and remain in one spouse's name, they are not exempt from property division in divorce. However, because of protective measures placed on retirement accounts, certain documents will need to be completed in order for the division to take place properly.

Should New York parents consider co-parenting for child custody?

Nothing may have come more easily to New York parents than loving their children. From the moment they were born, the kids likely became the center point of their parents' lives. Now that they are going through divorce, however, those parents may feel a sense of worry when it comes to finding the best child custody terms.

One of the first thoughts that may come to mind when thinking about custody arrangements may relate to co-parenting. This type of arrangement has been gaining in popularity, but is it the best possible option? For many families, it may not be. Specific circumstances could easily impact what custody terms work best, and moving forward with a co-parenting-based plan may not be wise for everyone.

Is a narcissist making divorce more difficult?

Selfish tendencies, lack of empathy and refusing to accept responsibility may have resulted in many New York couples choosing to end their marriages. If one spouse exhibited these traits, he or she may have been a narcissist. While filing for divorce may have acted as the first step toward allowing oneself to find happiness elsewhere, going through legal proceedings with a narcissist can prove difficult.

Because narcissists often want to get what they desire through any means necessary, they may choose to lie at some point during the divorce process. They may attempt to make their exes look bad by making up stories. While the other spouse may want to prove the falsehood of such stories, speaking directly to the narcissist may not be the best option.

5 marital assets divorcing wives should not overlook

Getting a divorce has significant financial implications. Dividing marital property is often a point of contention. As you anticipate your divorce, you may have concerns about distributing property such as the family home, bank accounts and vehicles. While these assets are important, there are other substantial considerations you should not forget about.

Here is a guide to what you may be entitled to as a divorcing woman. 

Bethenny Frankel reopening child custody case

Having a child can often make life complicated, even though the birth of a child can also bring great joy. Greater complications may arise if the parents choose to end their marriage. Child custody disagreements can often lead to difficulties, and even after initial terms have been decided, one or both parents may feel the need to change the terms of the agreements.

New York residents may be interested in the custody issues of television personality and business woman Bethenny Frankel. Frankel and her ex-husband Jason Hoppy divorced in 2013. They reportedly have one daughter together, who is now 7 years old. Though their initial agreement resulted in the two parents having the ability to co-parent their daughter, Frankel recently reopened their custody case.

Divorce could open growth opportunities for New York residents

Individuals who have been relationships for numerous years know that there are ups and downs. For some, however, the downs may be far more significant than the ups, and as a result, they may choose to file for divorce. Though this step may seem like a failure to some, ending a marriage could open the door to new opportunities and situations that New York residents may not have considered before.

After divorce, some individuals may find that they have the ability to learn new skill sets. Because many people learn to rely on a spouse to handle various tasks, they may find it exciting to learn that they can complete those tasks themselves without assistance. These new skill sets could allow them to learn more about themselves and grow as individuals.

The family home may be main issue during property division

Now that the divorce papers have been filed, many New York residents may find themselves considering multiple aspects of the marriage dissolution process. One area that is often of particular interest involves property division. Because this distribution can have considerable impacts, many people often want to fight for their desired outcomes. One asset that typically garners a lot of attention is the family home.

There are many options for deciding what to do with a once-shared residence. For instance, one person could keep the home, and the other could relinquish ownership. If this is the route individuals wish to follow, the spouse retaining the residence could potentially refinance the mortgage in order to take over sole ownership and responsibility. However, parties may wish to remember that their single income could determine whether they qualify for the mortgage.

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