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Brooklyn Family Law Blog

Are you and your spouse interested in collaborative divorce?

If you and your spouse are heading for divorce court, you probably want to spend as little time there as possible.

One way to avoid lengthy court sessions and the accompanying battles is to choose collaborative divorce, and there are two options that may be of interest to you: mediation and arbitration.

Misconceptions may set men back in divorce

Divorce can affect different people in different ways, depending on many factors like their personalities, the circumstances of the divorce, the length of the marriage and the assets and children involved. Some experts also say men and women may have slightly different experiences of divorce, with men tending to struggle more with certain aspects. While men may bring up these issues more than others, both men and women divorcing in New York may struggle with some or all of them.

One of the common issues men struggle with in a divorce is not standing their ground in custody cases or with shared assets. This is because many believe the family court system favours women. However, this kind of thinking can be a trap because it often prevents men from standing up for what they want in fear of losing the case.

More women paying child support, according to survey

Finances are a frequent challenge for couples divorcing, especially when one spouse has significantly more than the other. Typically, the more money a person has, the more likely he or she is to pay alimony and child support. As more women become the breadwinners in New York and across the United States, this means an increasing number of mothers are being ordered to make such payments. 

According to the American Academy of Matrimonial Lawyers, 54 percent of attorneys say more mothers have paid child support during the past three years. A similar number of lawyers noted an increase in alimony payments from women to their former spouses. They credit an uptick in women's earning power as well as increasingly gender-neutral family law standards.

Does having kids increase the risk of divorce?

When parents get divorced, additional complications like child support and custody must be considered. But are New York parents more likely to get divorced than their counterparts without kids? While some may believe the stress of parenthood increases divorce risks, the statistics tell a more interesting story.

It is true that some studies show that marital satisfaction often takes a hit when children come into the picture.  However, research in the Journal of Personality and Social Psychology found that childless couples also experience a decline in satisfaction over time. So the question is, do the children cause marital satisfaction issues or are the social and financial pressures associated with raising a family to blame?

Jets tickets and other assets headed for property division

If you and your spouse have made the decision to dissolve your marriage, you are probably dreading property division, one of the most stressful aspects of any divorce.

You can cut down on the anxiety by being well-prepared. For example, make a list of assets to give to your attorney. Here are five items you may not have thought of, and this group may trigger a memory of others:

Tips for co-parenting following a divorce

When couples break up, there is often conflict and emotion involved. However, when that couple has children, finding ways to manage these challenges and create a healthy co-parenting plan is important for the children's well-being. Here are some ways that New York couples manage parenting together following a divorce.

It is common for children to act out when their parents are going though a divorce. This may be the result of confusion, anxiety, self-esteem issues or simply testing the boundaries of the new living arrangement. For parents undergoing an emotional challenge themselves, it may be easy to mismanage and lash out at the child's behavior. However, it is best to take steps to control this reaction.

DNA testing to be conducted on man's remains in paternity case

It is not unusual for paternity tests to come into play in family law cases. However, one New York dispute has resulted in an unusual DNA testing predicament. Recently, a judge ruled that bones and fragments of a man no longer alive could be tested to determine parenthood in a dispute over the late man's $1 million estate.

The case revolves around a 24-year-old man, who claims to be the late bond broker's next of kin. The alleged father was killed in the attacks on the World Trade Center in New York on September 11, 2001. Science is available that allows the medical examiner's office to conduct DNA testing on the man's remains.

Is it possible to share a business after a divorce?

Many people are familiar with the challenges of co-parenting after a divorce, but what about running a business together? For many New York exes, shared commercial ventures are among the most contentious things they face when untying the knot. Many may wonder about their options when it comes to a shared business, and whether continuing to run a lucrative business together despite the divorce is a good idea.

One of the major issues that can arise for exes who choose to continue with a shared business venture is that new partners may have difficulties with the arrangement. This can be particularly problematic for new partners if running the business requires close contact between both parties. Establishing boundaries is important in these cases, and partners should do what they can to support these boundaries and clarify their comfort level early on. 

Critical aspects of a valid New York prenuptial agreement

As the true benefits of prenuptial agreements become widespread knowledge, more couples are considering them. Before choosing to create a prenup, it is important to understand all that it entails.

A poorly constructed prenuptial agreement may not hold in court. Therefore, it is imperative that the parties work with skilled attorneys to ensure that their agreement meets specific necessary requirements in New York.

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