Going through a divorce can be highly stressful and emotional. Once it’s finalized, you feel like a weight has been lifted off of your shoulders and you have a new lease on life.
In addition to starting a new life, at some point you may begin to date as well. Questions such as “Am I ready?” or “Is it to early?” come into play. Read the rest »
The usage of social media in the U.S. continues to grow. A recent Pew Research Center report in 2015 indicated the following data relating to social media use nationally:
- Approximately 65% of the population engages in social media
- Roughly 68% of women use social media, compared to 62% of men.
- The percentage of those using social media increases based on household income and educational levels.
- Usage based on racial demographics was 65% for whites & Hispanics, and 56% for African-Americans.
Read the rest »
Going through a divorce can be a traumatic and overwhelming experience. It places stress on your relationships with family and friends, disrupts often long established routines, and can lead to emotional issues such as depression. And this is without considering the often complicated legal questions that must be addressed before a divorce can be finalized.
One option many couples turn to is mediation. Under New York state law, it is possible to get an uncontested divorce, in which both parties meet the following criteria: Read the rest »
Many Long Island residents are devoted to their pets. The family pet is just that: family. And when a couple divorces, questions about who will have custody of the pet can be just as emotionally wrenching and complex as questions about who will have custody of the children.
Unfortunately, the law in New York is still catching up to recognizing the place pets have in the home. In many states, pets are unequivocally classified as property. Deciding who “gets” them is no different than deciding who gets the couch or the silver ware. In New York, some judges have acknowledged that pets have a more important place in the household, but the law still tends to view them as property rather than family members. Read the rest »
For many Long Island couples, their retirement savings represents their single largest asset – and the item that creates the most contention during the divorce process. To help you address questions about your retirement savings constructively, it helps to understand the role your retirement savings is likely to play in your divorce agreement.
Like other assets acquired during your marriage, retirement savings are treated as marital property, no matter which spouse earned them. This means that any retirement savings earned or collected during your marriage must be included in the equitable split of marital property between the spouses. Read the rest »
“Gray divorce” is the term used to describe a divorce that takes place during a couple’s senior years – when most people are developing gray hair. These divorces are becoming increasingly common, especially among couples who find they have grown apart. Here are some common questions that Long Island divorce attorneys receive about gray divorce:
Are the rules different for divorce at our age?
Your divorce settlement will have to follow the same rules as any other New York divorce. In that way, a gray divorce is no different from a divorce carried out at a younger age. However, your priorities may be very different from those of a younger couple who have not accumulated significant assets or who have had children. Read the rest »
New York’s divorce laws recognize seven different grounds for divorce. But, some are more commonly cited by divorcing couples than others. Here is a list of the most common grounds for divorce in New York:
Irretrievable Breakdown of the Marriage
“Irretrievable breakdown” has the most common ground for divorce in New York since it was introduced in October 2010. It allows couples to file for “no-fault” divorce, which can help them split assets more amicably. Issues of property, custody, visitation, and spousal or child support must be settled before this type of divorce can be granted. Read the rest »
Text messages and information collected from social media apps like Facebook, Twitter, and Snapchat have become popular evidence in divorce cases, according to a recent survey by the American Academy of Matrimonial Lawyers.
Ninety-seven percent of family law attorneys who responded to the survey said they’ve seen an increase in divorce case evidence that comes from Smartphone apps, social media, and texting in recent years. Lawyers estimated that text messages made up 46 percent of the evidence increase; emails made up 30 percent and phone numbers or call histories were up 12 percent. The rest came from phone apps – not just those for social media. Apps like Find My iPhone, which locates the device, have also come up in divorce cases. Read the rest »
Discussing the financial aspects of divorce can be stressful for anyone. When one or both of the divorcing spouses are over the age of fifty, a divorce can do more than just affect who gets the house or how the income is split. It can also affect your hard-earned retirement savings.
Divorces among older couples may put the spouses at a greater risk for financial instability than divorces among younger pairs. Studies have found that while divorce rates among Americans ages 50 and older are growing, 30 percent of divorced women over age 62 live below the federal poverty line. Fourteen percent of men who divorce at this age are impoverished, as well. But, for married couples who are 62 or older, the poverty rate is only 4 percent. Read the rest »
A recent bill signed into law by Gov. Andrew Cuomo will make changes to divorce law in New York. The new law gives clearer guidelines about how to calculate final maintenance awards, and how to treat spousal maintenance payments when calculating child support obligations.
The law amends the state’s Family Court Act and the Domestic Relations Law. Before the amendment of the Domestic Relations Law, a final award of maintenance was determined by the court based on a list of factors. The court was given great leeway in determining the amount and term or (length of time to pay) of maintenance. Read the rest »