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September 2016 Archives

Fathers have rights during divorce. Know them.

The American social narrative says that women are always running after men to take responsibility for their children, but the modern truth is that men are often the ones chasing custody. It is this old school frame of mind that scares many men into thinking they cannot have an equal chance of being with their children. You should understand your rights as a father when separation happens and know that the law has your back.

Is your spouse hiding or lying about money?

Too many people don't find out that their spouse has been less than honest about financial matters until they're going through a divorce and that information has to be disclosed. Even then, there are ways for people to hide assets. If there's a suspicion that a person is keeping assets a secret to avoid having to split them, family law attorneys may recommend bringing in a forensic accountant to uncover them.

Gray divorce: why older couples are peacefully divorcing

Overall, the divorce rate is decreasing in the United States. But, one surprising exception is that divorce among the baby boomer generation is on the rise. Over the 30-year span from 1990 to 2010, the divorce rate for those over age 50 has doubled. Experts say a primary reason for this phenomenon is that many boomers have put off divorce due to financial concerns and wanting to keep the family together until the kids grew up. Additionally, with retirement planning, boomers begin to explore their options for what to do with the rest of their lives - often, they conclude that sharing their remaining years with their spouse is not attractive.

Why common-law marriages can be tricky

There's still a widespread belief that if a couple has lived together for a specific number of years (seven is the commonly-cited number), they are in a "common-law marriage." Ending that relationship, some believe, may entitle them to spousal support, an equal division of property and other elements of divorce.

Don't let divorce guilt affect your ability to be a good parent

Divorcing parents, no matter how committed they are to peacefully co-parenting their children, feel some amount of guilt over breaking apart the nuclear family that their children know. The parent with primary custody may feel guilt that their kids can't see the other parent every day and have to divide their time between two homes. The non-custodial parent feels guilty for not being around for the everyday moments of their children's lives.

New York makes bold statement in same-sex parental rights

On August 30, New York's Court of Appeals ruled that people in same-sex divorce cases who are not biological or adoptive parents have the right to seek visitation and custody of their children. This marked a departure from earlier rulings that people seeking custody must have either adopted their children or have biological connections. This is an important decision for gay parents who have found, since the Supreme Court ruled that all states must recognize their unions, that there are few clear rules around child custody when those marriages end.

When should you definitely consider a prenuptial agreement?

A prenuptial agreement can be beneficial to just about any couple getting married. Even if you don't have considerable assets or debts, the conversation regarding finances and your plans for the future that a prenup necessitates is worthwhile for two people embarking on a future together.

What is a 'Parenting Marriage?'

Many couples whose marriages end come up with creative solutions for minimizing the stress, particularly on the children. Some couples opt for "bird's nest parenting," where the children remain in the home and the parents take turns staying with them rather than requiring the kids to move between their parents' homes.

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Philip A. Greenberg, P.C., Attorneys at Law