Blog

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Divorce is always a difficult time in life, no matter how long your marriage lasted. In New York, the same laws apply to all marriages of couples who meet the residency requirements. The state recognizes fault and no-fault grounds for divorce. No-fault grounds divorce in New York You are eligible to seek a no-fault divorce in New York if you and your spouse separated at least a year ago. Alternatively, if you cite an irretrievable breakdown of the marriage going back at least six months, you can file for a no-fault divorce in the state. Lastly, couples living apart for a minimum of one year can seek a divorce after filing a separation agreement. Fault-based divorce in New York When one spouse believes the other is to blame for the deterioration of the union, he or she can seek a divorce based on fault. These divorces require proof that the other party caused the marital breakdown. Fault-based divorces typically take longer and cost more due to the need to prove fault at trial. The spouse not deemed at fault can benefit from this additional time during custody and property decision-making. New York allows at-fault divorces based on the following grounds: adultery abandonment for over one year imprisonment for three or more years mental or physical abuse No one goes into a marriage with the expectation of divorce, but the reality is that it happens frequently in today’s society. Understanding your state’s laws can help you make smart choices as you embark upon this challenging journey.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Couples who have marital agreements know exactly what will happen when they divorce. They already set their property division rules in writing in their prenuptial or postnuptial agreement. The majority of couples divorcing in New York will not have an agreement dictating what they do with their assets, meaning they will have to arrange a settlement or have a judge handle the process for them. Even if you hope to resolve your property division dispute outside of court, understanding how New York approaches property division will give you more leverage during that conversation. After all, if you cannot reach an agreement, then you will have to go to court and apply the state rules to your assets. How does property division work in a New York divorce? The courts apply state law to your assets and debts A family law judge tasked with dividing your assets will use the state’s equitable distribution standard as a guide for the process. The goal is for the judge to review your disclosed assets and debts to fairly divided your marital property between you. Only marital assets are subject to division. The wages earned by either spouse during the marriage are typically marital property, and the same is true of everything you purchased during the marriage. Even your credit cards or student loans taken out during the marriage with the intent of supporting the family could be marital debt that the judge will have to split. Assets you owned before you got married and anything that you inherited will usually be separate property that the courts will not divide. However, if there has been commingling of those separate assets with marital assets, then those separate assets could also be vulnerable during the property division process. How can you determine who gets what? Unfortunately, there is no reliable way to exactly predict the distribution of your assets in a contested New York divorce. Much is left to the judge’s discretion, and everything from the length of your marriage to your custody arrangements can influence what a judge believes is fair and appropriate. The only way to retain control over the division of your property is to reach a settlement with your spouse outside of court, possibly through mediation if necessary. Thinking about your hopes for the future can help you establish practical goals for property division in pending New York divorce.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Divorce has the potential to affect children negatively. After learning about the end of your marriage, your children may experience anger, sadness, depression or even ambivalence. To help children cope with divorce, some parents choose nesting. Sometimes called bird nesting, nesting is a post-divorce arrangement that keeps the family home intact. With nesting, the kids always live in the same place. Each co-parent rotates into the family home while living in a separate location during non-parenting time. Nesting requires cooperation At the beginnings and ends of your scheduled parenting time, you and your former husband or wife must be willing to relocate to and from the family home. Consequently, for an effective nesting arrangement, you and your ex-spouse must be on good terms. Nesting provides stability Shuffling children between two households may discombobulate them. With nesting, your children always have the same place to call home, giving them access to a stable and predictable environment. Nesting smooths custody transitions Preparing the kids for the custody transition is often easier with nesting, as children do not have to pack or ready themselves emotionally to move temporarily to their other parent’s home. With nesting, there is also less chance of losing essential items, like homework or medication, or treasured ones, such as a security blanket or stuffed animal, during custody swaps. Nesting does not have to last forever A long-term nesting arrangement may be impractical. Fortunately, you, your ex-spouse and your kids do not have to nest forever. Nesting for a few months or until your children acclimate to their post-divorce world may help to minimize the negative toll your divorce may take on them.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. The findings of a study consisting of women in various stages of divorce showed that many were unprepared for upcoming financial “surprises.” The women cited a variety of potentially problematic financial issues as a result of divorce, and, among all age groups, there was one universal concern. About the study The online marketplace Worthy conducted the 2018 study entitled “Building a Financial Fresh Start.” The participants included 1,785 women who were either already divorced, facing divorce or somewhere in the process. When asked if they had encountered any unexpected financial issues, 38% of the women aged 55 or older said they had while nearly half of those in younger age groups admitted to experiencing financial surprises. Financial role in marriage To better understand these answers, the survey questioned participants about their financial role while married. About 23% of women between the ages of 18 and 54 said they had relinquished all marital financial control to their husbands while 18% of the women 55 and older had done so. Biggest financial concern Many of the survey participants worried about having to take responsibility for all post-divorce financial decisions, including earning a living, managing a budget and saving and investing for the future. Overall, the biggest financial concern was having to live on one income. Retirement worries The study showed that 38% of the 55-and-over age group expressed concern about the retirement years, a number that was twice as high as reported by millennials who have more time in which to prepare for retirement and become educated about investment matters. The survey highlighted how important it is for women to cultivate an understanding of their finances while married, just in case divorce ever appears on the horizon.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Many households find that it is more cost-effective to have one spouse stay home to take care of the house and children than it is to pay for childcare and to hire professionals for things like cleaning and cooking. Staying at home can have a lot of benefits, from maintaining control over the state of your house and your diet to having time with your children while they are young. Unfortunately, if you are the one who stays home with the kids, it can put you on uneven footing with your spouse if your relationship starts to fall apart. You might feel like you have no options because you can’t currently support yourself or your children with the kind of wage you can command. Instead of staying in an unhappy marriage just because you feel like you don’t have options, it is smarter to learn about what resources you do have if you believe you need a divorce. If you file for divorce, you may be able to stay in the family home If you are the one who provides most, if not all, of the care for your children, it could mean that you have a claim to at least temporarily stay in the family home when you file for divorce. The courts will consider your current role when setting a temporary custody order. They want to do what’s best for the kids, which usually involves minimizing disruption. That could mean a temporary situation where you stay in the family home with the kids until the courts make more final decisions. You can ask for spousal support in some cases Child support is more or less automatic when a couple with minor children initiates divorce proceedings. However, you will have to ask for alimony or spousal support if you think you need it. The court will evaluate your request based on factors like the length of your marriage, your earning potential, the custody of the kids and your spouse’s income. You can even ask for help paying for your attorney Good legal advice is critical for those going through drastic life changes, like divorce. You shouldn’t have to forego getting adequate help just because you haven’t been earning a wage in the last few years. New York courts can and do allocate attorney costs to the spouse with resources in a divorce situation where one spouse does not have enough income to cover their attorney fees. Even if the courts do not order your ex to pay your lawyer costs, there may be other forms of help available. Your parents, for example, may help cover the cost of getting a lawyer because they want to ensure good custody terms that will protect the relationship with their grandchildren. Extended family can also help you by offering you resources for employment or education and even a place to stay where you won’t have to incur steep rental costs. Asking for help and getting advice before you initiate divorce proceedings as a dependent spouse can set you up for a more comfortable transition to your new life.

by josephnivin By now you’ve probably figured out that mediating your divorce makes sense in most cases — and you may be wondering about what types of cases are not a fit for mediation. If there is domestic violence, child abuse or neglect, or parental alienation, litigation becomes the only option. It is generally impossible to mediate a case if: You are genuinely afraid of the other side. You and/or the children need protection from the other parent’s abuse. The other parent is actively trying to alienate your children from you. In those cases, you generally need to go to court to get orders protecting you and/or the children from the other parent’s behavior. That said, there are certain situations in which resolving your case in mediation is highly improbable. Sometimes people find themselves in court simply because an ex is hellbent on going there. In that case, an attorney can create a “game plan” to put you in the best possible position for settlement or trial. Even with an ex who wants his or her “day in court,” most cases end up settling before trial. Sometimes it’s not the ex who is pushing you into court. I once represented a father who had already come to an agreement with his wife about how often he would see his children. The documents were drafted and ready for signatures. However, his mother-in-law did not like him, so she convinced his wife to change her mind about agreeing to the schedule. She only let him see the children at the home that she shared with this same mother-in-law, and she took him to court for custody. The judge put into place the schedule that my client and his wife had previously agreed to, and then adjourned the case for possible settlement. After my client dutifully avoided arguments with his wife and mother-in-law, the wife withdrew her application for custody and agreed to follow through with the original agreement.  Nobody’s telling you to be a doormat, but as I always say, it’s always better if your situation is as boring as possible while you’re in court.  “Boring” usually means less expense, less stress, and fewer court appearances. Whether your case is in mediation or you’re already in court, your lawyer can advise you on what to do (or not to do) to prevent your case from going into a tailspin. When your case is on the “settlement track,” a lawyer can advise you about whether the settlement options being discussed are fair, and more importantly, whether they are likely to give you a good future. We can also advise you about any issues that should have been discussed that were missed and whether the proposed settlement has “holes” that leave you vulnerable to future litigation. To summarize, if you are in settlement discussions with the other parent, then lawyers can advise you on issues that should be discussed, whether the proposed agreements are fair to you and to the children, ways to make the agreement less vulnerable to future litigation, and possible creative ways to come to a resolution that is in your child’s best interests. Stay tuned for the final installment of my Just the Facts series. Have any questions about mediation, litigation, or any other family law matter? Don’t hesitate to reach out to me via my website or call me at (347) 642-0376. Joseph H. Nivin, Esq. The Law Offices of Joseph H. Nivin, P.C. (347) 642-0376 118-35 Queens Boulevard, Suite 1220A Forest Hills, NY 11375 The Chanin Building 122 E. 42nd Street, Suite 2100 New York, NY 10168

On Behalf of The Law Offices of Joseph H. Nivin, P.C. How will I survive after divorce? What are child custody options? Who can I confidentially talk to about divorcing my spouse? As a divorce attorney, these are questions our clients often ask. We understand the hardship and know the emotional toll a divorce can take on a couple and their children. Feelings of fear, sadness, anger and confusion are common. If you’ve decided to begin the divorce process, then it’s time to get down to business. Information is power and a solid plan is key for a successful outcome. It’s important as an experienced divorce attorney or child custody lawyer to listen to each client’s personal situation, and then discuss a plan of action for divorce mediation or prepare documents for court. Topics you can expect to discuss during your first appointment: Your rights and responsibilities Setting realistic expectations Divorce mediation as an option Finances and division of property and assets Family Court required documents Alimony (“maintenance” in New York) Child custody Child support payments Legal fees and how to save money during a divorce Before your first appointment, be sure to have as much information as possible about your children and their needs, your home, financials, assets, debts and ongoing expenses. The more detail you can provide, the more productive our meeting will be. Our experienced lawyers are compassionate and responsive, and will provide trusted representation. For more information, or to make an appointment, please c ontact us.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. An uncontested divorce simply means that you and your spouse have come to an agreement regarding the terms of your divorce and prefer not to go to court. However, even during the best of times a Family or Divorce Lawyer is needed to work out mutual terms for a separation, negotiate the terms of a fair judgment, prepare the necessary paperwork, serve papers and ensure the process moves efficiently so both parties can begin their lives anew. An Uncontested Divorce Lawyer can assist with six main issues. Division of marital property Division of debt Child custody and visitation or parenting time Child support Maintenance Counsel fees An uncontested divorce offers many benefits to couples over a contested divorce. A contested divorce can can cause stress, high legal costs and significant time in court. Another important factor is preparation which can minimize the length of your divorce case, stress and legal costs.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. If your marriage is about to end, here are five tips on what to do next and how to minimize the emotional and financial toll through the divorce process. Ensure that your financials are manageable. If you share a joint account with fixed expenses of rent/mortgage, utilities, etc., it’s important to keep it funded so that payments can continue throughout the process. If you have separate bank accounts and your monthly expenses are paid out of one or more accounts, establish a steady and consistent system. If you were just laid off, don’t continue paying all of the expenses out of your account and watch the funds dwindle. Speak with your spouse about establishing a fair, sustainable plan. The Court is likely to order that your method of payment for monthly expenses be the same throughout the process. If the money runs out, you’ll end up paying your lawyers thousands of dollars to figure it out. It’s cheaper and more efficient to create a system on your own before going to court. Get your financial records in order. Make a list of your assets, debts and expenses. If the divorce is contested, meaning that you’re unable to reach an agreement and the judge needs to make decisions, then you’ll need to produce discovery. The discovery process includes completing a critical document, called a statement of net worth. A general discovery list will include, but not limited to, three years of checking and saving bank statements plus credit card, brokerage, pension, 401K, mortgage, student loans and retirement statements. You’ll also need to provide copies of your title for automobiles.If you’re hurrying to obtain statement copies while in court, then the process can be more stressful, costly and lead to a less favorable outcome. If there is a deposition (a day when your spouse’s attorney asks you questions), be prepared to provide very detailed information about your answers on statement of net worth. Of course, an experienced attorney can prepare for the deposition, but the preparation will be much easier if your finances are organized well in advance. If you’re self-employed, make sure that your reported income makes sense. Many self-employed people have complicated stories about what they make. Example: “I drive a luxury car and my rent is $3,000 per month, but I only make $20,000 per year. My luxury car depreciates and I write off my rent as a business expense. “If the judge needs to do mental somersaults to make sense out of your income, then your account will likely not be deemed credible. As a result, your income is likely to be disregarded when orders of support are issued. Total your fixed monthly personal expenses (rent, utilities, car payments, etc.) and pay yourself a salary that allows you to pay your personal expenses without writing them off as business expenses. Make your life as simple as possible. This is not the time for a new relationship or starting a business venture. If you do, it can cost more to pay a lawyer by the hour to fight for you, because there will be more ways For problems to arise with your spouse. Keep your life as boring as possible until you settle your divorce. Don’t do stupid stuff. This sounds simple, but when people are really, angry and nervous, they tend to violate this simple principle. –Don’t make false allegations about your soon-to-be ex, no matter how many times he or she threatens to take the kids away, leave you with no money, etc. –Don’t ask your boss to remove you from the books because you’re about to get a divorce. –Don’t hide your assets. If you think you’re being sneaky, you’ll regret it in the long run. –Divorce is difficult, but an experienced attorney can provide sound advice to give you the best outcome.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Divorce Mediation allows separating and divorcing couples to meet in a less-stressful environment than a courtroom. A mediator is a trained and neutral party who will guide you and your soon-to-be ex through the process of reaching a fair agreement. Mediation is a smart plan helping couples to avoid the emotional toll and financial burden of divorce litigation, which is far more expensive and time-consuming than mediation. Mediation helps couples to take control of planning their new lives. A mediator will facilitate the meetings, provide information about the legal system when requested, and help the couple to explore potential resolutions. Although divorce can be an emotional and difficult time, mediation has shown historically to work and save couples time and money. For complicated cases, outside experts such as accountants, appraisers, financial planners may be consulted. Before and during the mediation process, you have the right to consult with independent legal counsel. Both parties will meet with the mediator and after an agreement has been reached, the mediator will draft a Memorandum of Understanding.  A drafting attorney will prepare the final documents for signature by a judge. If you’re looking for a more peaceful and civil way to divorce, than mediation should be strongly considered.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Here are 10 tips from a family law and divorce attorney on how to save money and reduce your legal fees during a divorce, child custody or alimony case. Get Organized Preparation is key when trying to reduce legal fees. Organize your thoughts and documents and you’ll save time and money. If you don’t than you’ll pay your lawyer or someone else to do it. What You’ll Need Be prepared to give your lawyer tax returns, pay stubs, 1099’s, credit card statements and bank account records. Write down your questions and be brief when speaking with your lawyer so you keep the clock from running overtime. Keep Your Cool Minimize the amount of acrimony, which simply means to keep your anger, bitterness, harsh words and feelings outside the case. Although emotions can run high, it’s best to keep calm and focus on the outcome you want! Stay Put In child custody cases, it’s important to maintain a steady home and financial life that shows the courts that you are stable. Try to avoid moving your residence unless it is absolutely necessary. Appearances Matter During a divorce, child custody or other family law case, it’s important to show the court that your home is safe and those around you care about your children. To prevent allegations against you, it’s recommended not to start a new relationship that may interfere with your case. By maintaining a good appearance, you’ll have fewer issues to litigate. Allegations can be made against you if a new girlfriend or boyfriend is presented as a bad influence on your children. Keep It Simple In child support or spousal support/maintenance cases, it’s recommended that you keep your financial condition as simple as possible. Numerous businesses, partners, assets and excessive personal expenses that are inconsistent with your income will not reflect positively on your case. Financial Transparency For a period of time, your life will be an open book. Hiding financial documents is not an option. Make sure your bank accounts show enough income to pay your expenses and that those expenses are paid directly from your personal checking account. Tax returns should reflect a declared income that is consistent with your lifestyle. Time = Savings If you want to save on legal fees, respond to your lawyer quickly and efficiently with the documents being requested. Email is a good way to communicate. Be brief, use one string of emails, list your questions and answers and attach necessary documents. Support Staff During the case, if you have a question or need more information, call or email your attorney’s office staff or paralegal. They will reply more quickly and you will be billed at a lower rate. Be sure to make appointments in advance so the staff can prepare your documents for the meeting with your attorney. Be a Team Player You’re not in this alone. Communicating with your lawyer will be of great value when it comes to getting the information you need to make decisions about your future. Your family law attorney is on your side and the more you work together, the better results you’ll have.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Divorce is a major life event that can cause emotional stress no matter what the circumstances are, but a Contested Divorce is an especially draining experience, financially and emotionally. There are ways to avoid this difficult road, and a family divorce lawyer can help you navigate an uncontested divorce by helping you and your spouse come to an agreement on things like child support, spousal support, custody, visitation, property division and more. Both parties will have to agree on all of these issues before an uncontested divorce can be achieved. Mediation can help, along with an experienced divorce attorney who can advise you on the best course of action, help you draft paperwork, and assist with quickly concluding the divorce process. If you want to avoid the financial and emotional expense of a contested divorce, contact Joseph H. Nivin.