Brooklyn Family Law Blog

Couples who decide to go through divorce proceedings in New York have a lot of decisions to make regarding asset and debt division, living situations, child custody and support. Another decision they must make is whether to use litigation or mediation. Some couples choose divorce mediation because it is typically less emotionally stressful, more affordable and it is usually a faster process. However, it is also important to understand when mediation may not be the best choice. People who do choose this method should know what to expect so they can prepare correctly. 

Family Education outlines some circumstances in which couples should avoid mediation. There are some general questions that couples should ask themselves before choosing mediation. These include:

• Are we good at communicating, even about tough topics?
• Is divorce something we both want?
• Are we able to be flexible and negotiate? 

Social media is supposed to bring people together. While this is true in some case, many married couples experience a great deal of stress over social media. Unfortunately, it gives cheating spouses an easy and convenient way to carry out affairs, which can quickly lead to divorce. Very Well Mind explains some of the more common indications that a spouse is having an online affair. 

The biggest indication is more time spent on the computer or phone. While many people are quite attached to their mobile device, with an online affair the behavior often changes suddenly. You may also find that your spouse is password-protecting devices or deleting browsing history frequently. Again, this isn't always an indication of infidelity. But these behaviors raise red flags when they seemingly come out of nowhere. 

When New York’s court system has to make decisions regarding child custody or visitation, the people tasked with doing so will typically consider the child’s best interests before making any determinations. There are many different aspects that the courts will consider when determining a child’s best interests, and, as you might imagine, these factors vary to some degree based on a child’s age.

Maybe your child’s other parent is looking to gain custody, or partial custody, over your son or daughter, or maybe you are a grandparent, and you would like to establish formal visitation or custody rights due to extenuating circumstances. Regardless of your reasoning for requesting a custody change, you can count on the "best interests of the child” factoring into the final decision.

Marriages end for an array of reasons, but some can be more difficult to explain and less evident. For example, someone who has been subjected to domestic violence may understandably want to move on in their life and take steps to prevent additional abuse. Or, someone who has been cheated on may no longer wish to remain in the marriage. However, some people may also file for divorce because their marital partner is not the same person as a result of personality changes.

Someone’s personality may change for various reasons, whether they develop a substance abuse disorder, experience some sort of trauma or struggle with the consequences of a brain injury. They may become excessively angry or become difficult to be around, and these changes can spell disaster for the future of a relationship. In some cases, counseling and other strategies are able to address unhealthy behavioral changes, but some people will never be able to recover from certain issues or restore feelings of love in their relationships.