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Divorce

What is Collaborative Divorce?

Collaborative Divorce helps divorcing couples stay out of Court while at the same time providing both you and your spouse with independent and dedicated attorneys. At the beginning of the collaborative divorce process, both you and your spouse along with your respective attorneys will sign a collaborative participation agreement. In this agreement, everyone agrees to stay out of court and in the event that either party decides to litigate, the two attorneys will be precluded from representing the respective clients in the context of the litigation. This good faith contract helps couples to settle their divorce issues in an amicable and cooperative manner and avoid the pitfalls of divorce litigation. It is a good idea for you and your spouse to avoid court for many reasons. Firstly, legal fees really begin to mount and pile up quickly once the Court is involved in your divorce.…Read More

Custody Case: The Forensic Mental Health Evaluator

In a contested custody case, often the Court will appoint a neutral mental health evaluator to aid the Court in determining various parenting issues and what type of custody arrangement is in the best interests of the children. This expert is usually a psychologist or psychiatrist and is often referred to as “the Forensic Expert” or “the Forensic”. The Forensic will meet and interview the parties and often conduct psychological testing such as the MMPI-2: the Minnesota Multiphasic Personality Inventory, a very widely used test of personality and the existence of possible mental disorders. The Forensic will usually meet with the children as well and talk to them about the custody issues. The Forensic will often observe each parent and how they interact with the children. Most Forensic Evaluators will meet with each party 3-5 times and meet with the children 2-3 times depending on…Read More

Can I Get A Divorce In New York State?

Just because you currently live in New York does not necessarily entitle you to file for a divorce in a New York Court. In order to determine whether you can obtain a divorce in New York, you need to find out if New York courts have jurisdiction over your divorce action. The first step is to see if you or your spouse satisfy the residency requirements set forth in Domestic Relations Law Section 230. To start a divorce (commence an action) in New York you must satisfy one of the following residency requirements: The marriage ceremony was performed in New York State AND either spouse is a resident of the state at the time of the commencement of the action AND has resided in this state for a continuous period of one year immediately prior to the commencement of the action The couple lived as…Read More

Recessions and Divorce Rates: In Good Times and in Bad

Many people believe that financial stress is the number one reason why couples divorce. But divorce rates have actually declined during our recent recession. Although you may find this fact odd, a decrease in divorce rates during economic recessions is actually a trend. Divorce rates decreased during the Great Depression, the 1990-1991 recession, as well as the most recent recession. In fact, economists regularly predict a decline in the divorce rate during recessions and spikes in the divorce rate during times of economic improvement. So why do divorce rates decrease during recessions? Do divorce rates decrease because couples are willing to do more to make their marriages work during times of economic hardship? Many economists and divorce lawyers speculate that divorce rates decrease during recessions because couples can’t afford divorces during difficult economic times. Rationales for postponing a divorce include waiting until married couples can…Read More

“Finally, New York has Brought its Divorce Laws into the 21st Century”

In the fall of 2010, former Governor Paterson exclaimed with relief that New York has finally joined the 21st century, following the rest of America, by adopting a No-Fault Divorce law. So why was the former Governor happy about New York’s No-Fault Law? A No-Fault Divorce enables a married couple to obtain a divorce without placing blame or fault on one of the spouses for the failure speed dating à cincinnati ohioprofesseurs site de rencontresgraphique simple of the marriage. Moreover, some legal experts in the matrimonial field assert that the No-Fault Divorce law will make breaking up “easier” to do. How can getting a divorce be easy? What does No-Fault Divorce mean to you from a practical standpoint? Until 2010, if you were seeking a divorce you had three options. Your first option was to establish fault against your spouse, which meant proving cruel and…Read More

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