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Common Mistakes To Avoid When Going Through A Divorce

Finances
Make sure you have knowledge of all household finances. If a spouse manages all of the economic decisions and earnings, that spouse will have an advantage in the divorce. It is important to be aware of what household expenses cost, as well as any joint earnings or holdings. You should gather as much knowledge as possible about all accounts, such as checking and savings accounts, bank statements, retirement account records, tax returns, and credit cards statements.
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Nesting In Divorce And Child Custody

Oftentimes, divorces are more difficult and complicated when children are involved. With much distruption to daily life and becoming newly accustomed to living arrangements, many children are left emotionally scarred.

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What To Do If A Child Custody Agreement Is Violated

The violation of a child custody agreement is a serious issue that could lead to severe consequences. A child custody agreement is considered a court order. This means that violating the agreement is a violation of a court order. Additionally, violation of a custody agreement may have a significant impact on the well being of a child. It can lead to emotional distress and even anxiety.

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What is an Annulment?

When seeking to legally end a marriage, couples have two options: divorce or annulment. Annulment, defined in Domestic Relations Law §140, is a legal process that cancels the marriage between spouses. Under the law, an annulment legally declares that the marriage never technically existed and is not valid.

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Child Support

Under New York State law, children must be financially supported until they are 21 years old. Regardless of whether or not an individual knows a child personally or lives with them, a parent is required to pay child support under the Child Support Standards Act (CSSA) in New York.

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Prenuptial Agreements

A prenuptial agreement is designed to protect both the husband and wife, even if they are of limited means. A prenuptial agreement is a contract entered into before marriage that is unique to their circumstances. It identifies what will constitute marital property and what will remain separate property. Furthermore, it establishes each party’s financial obligation, and lays out a framework of what will occur if the marriage results in a divorce or even death. It may also include spousal support and life insurance requirements.

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What is an Order of Protection?

An order of protection is a legal document that limits the behavior of an individual. An order of protection may be granted by a court if an individual threatens another individual or to address various types of safety issues. Orders of protection can be issued by a family, criminal, or civil court, however the orders associated with each court differ. In family court, an order of protection may be issued to stop violence between family members, or intimate relationship, and provide protection for the individuals who are affected.

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Division of Property in a Divorce

One of the first things individuals may ask when going through a divorce is who gets what? This question is one of the most frequent questions asked by divorcing couples, and the answer is covered by New York State’s Domestic Relations Law (DRL). New York’s DRL sets forth that New York State is an equitable distribution state.

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What You Should Know About Child Custody

When it comes to child custody determinations, there are many forms of custody that can be awarded by the court. For instance, there is a difference between legal and physical custody, as well as joint and sole custody of the child. If you are going through a divorce with children, it is important to be aware of the forms of custody that are available.

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Social Media and Divorce: What You Should Know

Nowadays most individuals are active on at least one social media site. A November 2016 study by the Pew Research Center indicates that approximately 68% of all adults use Facebook. When going through a divorce, the social media account of either party can play a major role. Serving as what appears to be an online journal for many people, parties to a divorce should be conscious of what they are placing on their social media during a divorce.

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