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New York City Divorce Law Blog

How can I eliminate stress from holiday custody exchanges?

Divorced parents who are not in a good place with their children's other parents typically experience the most stress during custody exchanges over the holidays. While there is no guarantee that there will be no glitches to mar this year's winter holidays, there are ways to reduce the likelihood.

Parents can eliminate a lot of the negativity surrounding holiday custody arrangements by having the details ironed out ahead of time in their agreements. Ideally, these matters will be detailed and determined months ahead. But because reality often is not ideal, difficulties may still crop up.

Emotions over parental divorce can continue into college

Parental divorce can impact kids past childhood, into college and beyond. Whether the divorce was many years ago or occurred as they were preparing to leave the nest and head to college, the emotions can still be strong.

One clinical psychologist notes that it's normal to feel a range of emotions, no matter what your age, when your parents break up, and that people should deal with them rather than ignore them or try to suppress them. She explains, "Emotions are actually designed to help us. They're designed to tell us when something is wrong. And in time we need to pay attention to it."

Will your business be safe during asset division?

Congratulations on your upcoming wedding! You are likely feeling overwhelmed with preparations and plans in addition to keeping your business running successfully. While it may seem like you can't fit one more thing into your schedule between now and the big day, there is another item you may be overlooking.

If you have not discussed the idea of a prenuptial agreement with your intended, you may find that oversight will cost you dearly in the future. As delicate as the topic may be to broach with the love of your life, failing to do so may cost you your business.

Making smart asset division decisions in divorce

When you're going through a divorce and dividing assets with your spouse, it's important to understand that what seems like an equal division of assets may not be. It's essential to look at what an asset is going to actually cost you in fees and taxes, for example.

Take the family home -- or better, maybe you shouldn't. You may want to keep the home rather than take the amount it's worth in liquid assets like investments, savings and retirement accounts. However, one certified financial planner notes that "many [people] keep their homes not realizing that upkeep costs are no longer sustainable."

What are kids' most common fears when parents divorce?

No matter how committed divorcing parents may be to ensuring that their children get through the process as emotionally unscathed as possible, kids nonetheless develop fears. These may stem from what they've seen their friends go through. They may come from movies or television shows or arise from fights they've seen or overheard as their parents' marriages unraveled.

It's helpful for parents to understand children's most common fears around divorce — even if they don't think these fears would be reasonable in their situation — and address them.

Divorcing millennials may find a lack of support among peers

Divorce rates are increasing among those in the baby boom generation, while they are decreasing among younger people. That's partly because people in their 20s and 30s aren't as likely to marry as people of their parents' and grandparents' generation at that age.

Therefore, when young adults (frequently referred to as millennials) divorce, they often find themselves without friends and acquaintances in their age group who can relate to what they're going through. They may even find that their friends are shocked to hear of their break-up.

The pros and cons of getting a prenuptial agreement

Prenuptial agreements began as a way for women to have some sort of financial protection if their husband died or left in an era when they had no legal right to own property.

Now they are an increasingly common way for men and women to protect their assets in case of divorce, particularly if one person enters a marriage with significantly more than the other or if they are going into a second or subsequent marriage.

Is there a way I can get out of paying spousal support?

Spousal support, also called alimony, is one of the many money-related issues that can cause contention and complication in your New York divorce. Like other issues, there is no one-size-fits all solution to questions surrounding spousal support, and many couples choose to reach an out-of-court agreement on this matter.

When the issue of spousal support goes before the court, the court has a significant amount of discretion in how much to grant and for what duration. Factors such as the length of the marriage, job status and income levels of both spouses will also come into consideration. However, there are other options than making payments for a significant amount of time. There may be some alternatives available to you.

Who gets the house in your divorce?

Except for matters involving child custody, determining the fate of the family home is usually the biggest debate between divorcing spouses.

People are emotionally attached to their homes, especially if the home is where the children were reared and happier times between the spouses took place. Neither may want to give up ownership or see the property sold off to strangers.

High-profile couple asks for privacy in divorce

The troubled marriage and break-up of former congressman Anthony Weiner and Hillary Clinton aide Huma Abedin have been fodder for the press here in New York and worldwide for some time. However, the couple is now seeking to keep the details of their divorce private.

The divorce filing is listed as "Anonymous v. Anonymous" to help protect their privacy and that of their 5-year-old son. However, that didn't keep the press from showing up in at Manhattan Supreme Court recently where the estranged couple sat together. The judge acknowledged the media attention, saying that "despite your attempt to keep this anonymous, it does not appear to be anonymous."

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