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Patchogue Family Law Blog

Residency requirements for filing grounds for divorce in New York

Divorce isn't something any couple go into marriage anticipating, but the reality is that about 50 percent of marriages end up that way. Up until recently in New York, a spouse filing for divorce had to show grounds that the other spouse irreparably damaged the relationship. But with a new no-fault law in place, couples can simply claim irreconcilable differences; in the eyes of the court, neither party is held accountable.

While the majority of divorces are now filed under the new no-fault law, there are still options for filing on grounds, which may provide some advantage in property, maintenance and custody settlements if the "at-fault" party is, indeed, found accountable by the court.

Marital issues that often lead to divorce for New York spouses

When you got married, you likely assumed you'd be with your spouse for a lifetime. Whether five, 10, 20 or more years have passed since then, you've no doubt had to overcome some challenges in your relationship. That's typical for most married couples. There are certain issues, however, that often cause spouses to reach an impasse in their marriages, differences that they feel they can't resolve without parting ways.

While your relationship is unique, you may be able to relate to other spouses who cite common reasons for wanting to divorce. Whether a particular spouse actually files a petition in New York or finds a way to rise above relationship problems depends on many factors. In any case, if you really think your marriage may be headed for divorce, you'll want to begin building a strong support network as soon as possible.

What can you do when your ex won't let you see your kids?

For most married couples with children, the potential to lose time with those kids is often one of the biggest deterrents to divorce. Almost everyone has heard a horror story about a good parent who doesn't get to spend time with their children because of a contentious divorce. In most cases, those stories are either very old or exaggerated.

Modern family courts really do try their hardest to fairly split custody between both parents. Sometimes, one parent can still receive primary custody. However, even in that scenario, the non-custodial parent should likely get liberal and reasonable amounts of parenting time. If your ex won't let you spend time with your children, you may need to take legal action to assert your rights.

Why do married people cheat?

You begin growing suspicious when your spouse starts staying late at the office. Then they start sending text messages that they don't let you see. It feels like they're either gone or on their phone all the time.

That's when they leave their Facebook open on your laptop. It doesn't take you long to find all the evidence that you need. They're cheating on you, and they have been for months. This marriage is over.

How will New York courts handle your pet in a divorce?

People often refer to dogs as man's best friend. There is no question that you become very attached to your pet, whether it's a dog or a cat. However, your spouse likely feels a similar level of attachment. If you don't have children, that could make your pet one of the major sticking points in your upcoming divorce.

In fact, even if you have children, the custody of your dog or cat could play a significant role in divorce proceedings. After all, the children are likely attached to your pet as well. Understanding how the courts in New York handle the custody of animals can help you make better decisions in your divorce. You may hope to arrange an actual custody schedule, but that isn't likely.

When spouses hide assets in a divorce: Here's how to find them

Hidden assets in divorce proceedings are a lot more common than anyone cares to admit. In fact, some spouses have been known to lie about their incomes while socking away stockpiles of cash in secret -- and the other spouse never finds out. However, these activities do not have to remain hidden and undetectable.

Spouses who suspect that the other party in their divorce is hiding money may want to investigate the matter further by discussing it with their family law attorney. Here are a few strategies that lawyers and forensic accountants might do to uncover hidden money in a divorce:

Do couples who drink together actually stay together?

It goes against one's better judgment to constantly get drunk with one's spouse. And many couples are drunk enough on love to the point that they don't need alcohol to solidify their love union. Nevertheless, a study published by The Journals of Gerontology seems to support the idea that drinking with your spouse will help you stay together and not get divorced.

According to research conducted by the University of Michigan, spouses who drank together were less likely to say that their husband or wife was "irritating, critical or too demanding." This interesting result of the study was only true in cases where both spouses drank. If one spouse was a nondrinker, and the other spouse engaged in drinking, the chances of viewing the other spouse negatively increased.

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.


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