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Patchogue Family Law Blog

The most common reasons for annulling a marriage

Most spouses who want to end their marriages need to go through the divorce process, but some spouses will qualify for "annulment." When a spouse annuls his or her marriage, it means that the marriage was never a legal marital union in the first place.

There are many reasons why a New York family law judge might agree to annul a marriage. If you qualify for annulment under one of the reasons, the process could be a simpler, less expensive and faster way to dissolve your marriage.

Constructive emancipation could relieve you from paying support

There are some situations in which parents may be relieved of the duty of paying child support. They are few and far between, but they are often because the custodial parent refused or interfered with visitation with the noncustodial parent on a continuous basis.

If you would like to seek relief from paying child support because the other party will not let you see your child or your child unreasonably refuses to see you, make sure you do not stop paying without permission. If you stop paying child support without the court approving your wish to do so, you could end up owing back child support. That comes with fees and interest, which adds salt to the wound.

Create a parenting agreement now to avoid trouble in the future

As your divorce case continues forward, you may have one thing on your mind: doing whatever it takes to put your marriage in the past as quickly as possible.

While it's okay to feel this way, you don't want to make rash decisions that could impact you in the future.

Are your kids suffering from parental alienation syndrome?

It's only natural for children to love their parents. When you're a child, "mom and dad" are the centers of your universe and you look up to them as heroes. While it's natural for children to see the "humanness" of their parents as they grow older in incremental ways, it's not natural for children to judge and disconnect from their mothers and fathers.

However, when one parent interferes with the other parent's relationship with the children, it can result in parental alienation syndrome. This syndrome, identified by a child psychologist in the 1980s, refers to what happens when one parent paints a bad negative image of the other parent to their children.

How to frame the divorce conversation for efficiency, success

As nervous as you may be, if you come to realize that divorce is the best decision for you, there will come a time when you have to discuss it with your spouse, as much as you may be dreading this conversation.

Depending on your situation, your spouse may be receptive to everything you say. This is often the case if your spouse also feels that divorce would be in his or her best interest.

Divorce mediation: There are things you need to know

No one wants to go through a divorce, but if you find yourself in this position, it's best to tackle the process in an efficient manner. This is why so many people turn to mediation as a better alternative to divorce.

There is no guarantee that mediation will work, but there are many benefits when compared to litigation:

  • More control over the process, as you don't have to worry about a judge making decisions on your behalf
  • An opportunity to discuss the matters at hand and compromise with your ex-spouse
  • Less expensive than litigation
  • Power to create an equitable divorce agreement
  • Minimize hostility to make it easier to get along in the future, e.g., when co-parenting

How will a New York court decide my child custody matter?

Aside from matters relating to money and assets, the biggest area of disagreement in New York divorce cases relates to child custody. This is because, when it comes to children, emotions and feelings run hot.

As difficult as child custody issues can be, parents are well-served if they can come to agreement and reach an out-of-court settlement -- as it will save them time, money and stress in the long run. However, sometimes parents need to take their child custody cases to court.

A property division checklist can save you time and money

Are you heading for divorce? Are you beginning to wonder what will happen in regard to property division? Do you have some concerns about losing out on property that you should be able to retain?

There is a lot to think about when going through divorce, with matters of property division at the top of your list.

Divorce, property division and your house

You may have lived withyour spouse in your family home for the last 10 years, but after your divorce is finalized, you won't be living with him or her anymore. One or both of you will have to move out and find a new home.

This begs the question: Who gets to keep the family home after a divorce?

Questions about child support modification

If you or your ex-spouse's financial circumstances have changed -- whether you're the recipient or the payer of child support -- you may be able to apply for a child support modification. If successful, a judge will permanently or temporarily alter the child support payments that apply to your divorce decree.

Parents who want to modify their child support orders will likely have a lot of questions about the process. Here are three general questions that will probably be on their minds:

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