Phillip J. Jusino & Associates, P.C.
Call Today, Free Consultation (631) 615-1724

Lake Grove Family Law Blog

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.

Obsessive thoughts may hinder the divorce process in New York

When going through the process of ending a marriage, some New York residents may have the urge to hold on to certain parts of their old lives. However, during the divorce proceedings, it may be helpful to let go of a variety of feelings and urges that could potentially hinder the marriage dissolution process. If done, parties may feel more at ease as their cases move forward.

During such a major life change, some individuals may find themselves obsessing over certain details of the situation. This type of behavior could result in people not thinking as clearly as they need to. Instead, parties may want to attempt to focus on other thoughts or activities that could help them let go of unhelpful obsessions.

Stipulations that may void your New York prenup

Individuals with high-valued assets stand to lose a large amount of property in the event of a divorce. For that reason, many institute prenuptial agreements before saying "I do."

It is important to understand and follow the requirements for the agreement for it to stand up in court. There are a few stipulations a prenup must follow for it to be valid in the state of New York.

Prenups may help with property division, asset protection

Getting married can be a joyous time in a person's life. However, this event could also lead many New York residents to consider how such a change could impact finances and other areas. Additionally, they may have even greater concerns about how divorce and property division proceedings could potentially effect their lives. Because of these concerns, creating a prenuptial agreement could be worth consideration.

These agreements could have a number of uses, and if parties are looking to protect their assets, a prenup could be the way to go. Individuals could use their agreements to determine who could be held liable for debts brought into the marriage and other financial issues. By detailing terms that indicate each person's responsibilities, each spouse may be able to protect his or her own assets.

New York parents may have child custody concerns during holidays

With the holiday season quickly approaching, many divorced parents may be experiencing some apprehension. If these will be the first holidays after the divorce, it may be worrisome to think about how the kids will handle the new arrangements. Additionally, some New York residents may also worry about how their exes will handle the situation. If these concerns exist, parents may want to reference their child custody agreements.

Because of the possibility for contention between parents during this time of year, individuals may want to work out a feasible holiday schedule. In order to ensure that these schedules are enforceable, parties may want to include terms as part of their original custody agreements. If these terms were overlooked during the creation of the arrangements, parents may have the ability to create a feasible schedule to which they can both agree.

Marital tension may have New York residents considering divorce

Being on the same page as a spouse when it comes to needs in a relationship can help that relationship grow. However, when parties are not aware that one individual may be unhappy, a marriage could be heading for dangerous territory. In many cases, New York residents could end up looking into divorce options if their marital tensions become too high.

It was recently reported that a 16-year study looked at the effects that tension has on marital relationships. Apparently, the majority of the women who participated in the study indicated a high level of tension when they first entered their marriages. On the other hand, men noted a lower level of tension at the beginning of the marriage, but their tension levels increased at a higher rate than those of their female counterparts.

Certain child custody decisions may need further review

It is not unusual for certain family court decisions to leave some parties dissatisfied. However, some outcomes could give cause for great dismay, and the decisions may need to be reviewed further. When it comes to child custody, concerning rulings could warrant modifications or turnovers of initial decisions.

New York residents may find the recent overturning of an out-of-state custody decision of interest. The report indicated that the judge presiding over the case involving a paternity petition did not find anything out of the ordinary during the initial review. As a result, the judge awarded joint custody to the biological father of a young boy. However, when further details of the situation came about, a great deal of concern followed.

Property division: Dividing marital debt can be challenging

When a New York couple considers a divorce, there are multiple issues to address. Along with child-related matters, the most challenging negotiations may be related to property division. Not all divorcing spouses realize that debt gets divided just like assets when a marriage ends. A couple can negotiate how to divide debt or leave it for the court to decide. However, it must be noted that creditors have little interest in divorce agreements or court orders and will typically continue to hold those who originally signed for the debt fully responsible.

The best option might be to settle all debts before filing for divorce, but this is not always possible. The next best option is to resolve the issues during settlement negotiations. The court typically only divides marital debt in which both spouses had a mutual interest, such as the marital home, automobiles or other marital property enjoyed by both. Debts can be secured or unsecured.

Millennials may have difficulty finding peer-support for divorce

Ending a marriage at any age can be difficult. New York residents who divorce at a younger age may find themselves wondering how the event will impact the rest of their lives. Additionally, individuals in the millennial generation may find themselves facing unique difficulties, as many parties their age are not divorcing -- or even marrying -- as often.

Most people typically want to find some sort of support when they go through divorce. However, because fewer individuals in the millennial generation are going through this type of process, the ones who do may have a hard time finding support among their peers. As a result, they may feel themselves struggling to make connections as they work through this difficult time in their lives.

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

Phillip J. Jusino & Associates, P.c.

Experienced & Aggressive Legal Representation

2780 Middle Country Road Suite 208 Lake Grove, NY 11755 Phone: 631-615-1724 Fax: 631-588-0603 Lake Grove Law Office Map

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