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On Behalf of The Law Offices of Joseph H. Nivin, P.C. A grey divorce, which refers to the dissolution of a marriage among couples aged 50 and older, presents unique challenges and considerations compared to divorces among younger couples. As the divorce rate in this age group continues to rise, it is essential to understand the key differences between a grey divorce and a typical divorce involving younger couples. Financial complexity in grey divorce One of the primary differences in a grey divorce is the financial complexity. Couples who have been married for several decades often have more intertwined financial assets, such as retirement accounts, real estate and investments. Untangling these financial connections can be a time-consuming and intricate process, requiring careful negotiation to ensure that both parties receive a fair share of the assets. Impact on retirement planning Another significant difference between grey divorces and divorces among younger couples is the impact on retirement planning. Older couples often have less time to recover financially from a divorce before retirement. Splitting assets and income can drastically change each spouse’s retirement plans and may require adjustments to their lifestyle expectations. In some cases, one or both spouses may need to delay retirement or seek additional sources of income to maintain their financial security. Emotional considerations While the emotional toll of divorce is not unique to grey divorce, older couples may face additional emotional challenges. They may have built a long shared history and developed deep connections with mutual friends and family members. The process of disentangling their lives can be particularly challenging and may require additional emotional support from friends, therapists or support groups. Understanding the unique challenges of grey divorce can help couples navigate the process more effectively and ensure a smoother transition into their new lives.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. When you face a divorce, the settlement process can be contentious and hostile if you do not agree on how to handle things. This can leave you waiting for a court hearing and at the mercy of the judge after litigation. If you want more control over the outcome of the settlement, you might consider mediation. There are a few facts that you should understand about the mediation process. The mediator does not make the decisions One of the most common misconceptions about mediation is that the mediator makes the decisions and you have to abide by them. The mediator only facilitates conversations about the settlement, guiding you and your spouse to a mutual agreement. You will not sacrifice your freedom to make decisions if you choose mediation. You do not have to be in agreement for mediation to work Some people hear about mediation and think that it is best suited for couples who already agree on their settlement. Mediation will help you come to those agreements, so you do not need to agree on those decisions beforehand. Mediation works for divorces of all values Sometimes the parties in a high-value divorce feel as though litigation is the only solution to settle their case. The truth is that mediation is just as effective even in high-value cases. Mediation is a valuable resource for couples trying to settle their divorce sooner than the courts could schedule a hearing. The right mediator can guide you through your settlement agreement and help you finalize your divorce.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Addiction is a disease that impacts many families across the United States. For couples with children who are going through a divorce or who are already divorced, the topic of drug and alcohol abuse might come up in discussions of how the disease impacts parental fitness. Couples dealing with substance dependence may wonder if and how it can impact who has custody of their minor children. How can addiction affect child custody in New York? It can cause loss of custody If a judge believes that a parent poses a danger to their children due to their substance abuse issues, this may cause the parent to lose custody of those children. Courts want to do what is in the best interest of the children, even if it means separating the minors from one of their parents for a while. Something like supervised visitation, however, may still be an option in these cases. Parents can regain custody There is reason to still be hopeful after a parent goes through something as painful as losing custody of their child. For example, when a parent shows that they are willing to take steps to get help for their addiction, that can go a long way toward showing that they are on their way to being a fit and capable parent again in the eyes of the legal system. When parents and loved ones are aware of how addiction can affect child custody, they can make better decisions regarding seeking help and keeping the child’s best interests at heart.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. In most cases, child custody and visitation get split equally between parents in a divorce to preserve the parental relationships with the child. Although this is the standard expectation, certain situations call for a different approach. If you have children with special needs, there are other considerations that apply in a custody determination. Consider these elements as you approach the custody hearing for your special needs children. What accommodations do the children need? Special needs children often need a variety of accommodations depending on the nature of their disability or diagnosis. For example, children on the autism spectrum may need full-time care, secure living environments and additional support. Children in wheelchairs need accessible living, including wider hallways and doors as well as ramps and other navigational support. Are both parents capable of providing those accommodations? If the marital home is already modified to suit the children’s needs but one parent has since moved out, ensure that both homes are safe and accessible for the children. This includes wheelchair access if necessary and security doors for children who need extra protection. If one parent is unable to meet those needs, address those concerns in court. Custody arrangements and visitation schedules must account for the safety of the child, and that includes the living arrangements and ability to meet special needs. Special needs children require additional considerations with custody and visitation orders. Ensure that both homes are safe or adapt the visitation so that it happens in your child’s supportive, safe living environment.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. It can be difficult to separate the goings-on of daily life from the constant online presence that everyone shares in today’s world. When you are going through a divorce, however, the ability to detach yourself from social media can save you a great deal of trouble and effort throughout the proceedings. Anything you post on social media is visible to the public, and that includes your spouse and their legal team. Even if your spouse is no longer in your social media network, you should understand how they might come across your posts and the role those posts might play in your divorce. Social media posts can serve as evidence Venting your frustrations about your soon-to-be ex-spouse or participating in gossip at their expense can be a harmful thing to do over social media during your divorce. The possibility always exists that the things you say will find their way to your spouse and that those posts can paint you as an aggressor in the relationship. Relationship updates can affect the distribution of marital assets If you are dating or pursuing a new relationship while also proceeding through a divorce, it is important to avoid posting about that relationship on your social media. You might find yourself accused of spending marital assets in your new relationship. According to the New York Courts, the state follows an equitable distribution law that prioritizes an even divide of property, but you may struggle to get your fair share if your spouse uses your new relationship status as evidence against you. Divorce is a sensitive issue, and the use of social media has a tendency to stoke the flames at unfortunate times. Avoiding social media altogether might be in your best interest while trying to navigate the complexities of your divorce.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Child custody arrangements happen when the parents of minors dissolve their marriages. Divorce courts consider many factors when determining the most favorable situation. When an order becomes official, it tends to feel final. That said, there are many reasons why a judge may eventually want to alter an original agreement. Parent relocation When one parent moves far away from another, there is likely to be a significant impact. Traveling to maintain the current courtroom order may become overly burdensome. To compensate, alterations in scheduling are often justifiable. Child need The stages of childhood development are rapid. What could seem appropriate at a particular time may no longer be sensible. It might become clear that one school system provides a better fit than another. When a doctor identifies a developmental delay, it warrants proximity to psychological professionals. Parent situation A mother or father could overcome a problem that triggered receiving less time with a child. Noncustodial parents might escape a struggle with addiction. Persistent depression could vanish with appropriate treatment. Courts weigh the conquering of these types of personal hurdles. Child endangerment Physical, sexual and psychological abuse remain intolerable. Information sometimes surfaces that suggests a parent is putting a juvenile at risk. Courts typically rush toward corrective actions when evidence of such behavior appears. Family courts try to be responsive in the face of situational changes. Still, they only act once they become aware of relevant factors. How one presents the reasons for a modification has a way of affecting the results.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Child custody arrangements happen when the parents of minors dissolve their marriages. Divorce courts consider many factors when determining the most favorable situation. When an order becomes official, it tends to feel final. That said, there are many reasons why a judge may eventually want to alter an original agreement. Parent relocation When one parent moves far away from another, there is likely to be a significant impact. Traveling to maintain the current courtroom order may become overly burdensome. To compensate, alterations in scheduling are often justifiable. Child need The stages of childhood development are rapid. What could seem appropriate at a particular time may no longer be sensible. It might become clear that one school system provides a better fit than another. When a doctor identifies a developmental delay, it warrants proximity to psychological professionals. Parent situation A mother or father could overcome a problem that triggered receiving less time with a child. Noncustodial parents might escape a struggle with addiction. Persistent depression could vanish with appropriate treatment. Courts weigh the conquering of these types of personal hurdles. Child endangerment Physical, sexual and psychological abuse remain intolerable. Information sometimes surfaces that suggests a parent is putting a juvenile at risk. Courts typically rush toward corrective actions when evidence of such behavior appears. Family courts try to be responsive in the face of situational changes. Still, they only act once they become aware of relevant factors. How one presents the reasons for a modification has a way of affecting the results.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. After parents call it quits on their marriage, child custody typically becomes contentious. Divorcing spouses experience conflict in the majority of cases. The following problems can worsen the situation. Everyone benefits from finding a resolution. Parenting techniques One reason for a couple getting a divorce could be an inability to agree on child-rearing tactics. For example, ideas about discipline, religion and nutrition might be different. Nonetheless, acting in unison can help maintain a peaceful coexistence. Parenting logistics Even when both parents agree on vital matters, scheduling still poses an obstacle. Constantly shuttling between houses burdens everyone in the family. Back-and-forth travel becomes even more demanding when there is a great distance involved. The question of who should give little Johnny or Sally a ride may become a constant theme. Fortunately, there are coparenting apps to help divorced parents with complex calendars. Sampling a few before settling on one remains a wise strategy. Parenting fitness Sadly, some are incapable of creating safe and loving environments for their offspring. One parent might be struggling with drugs or alcohol. Psychological problems, such as depression or post-traumatic stress disorder, may impede parenting skills. Abuse of any kind, physical or verbal, is never acceptable. All these scenarios cultivate dangerous conditions for little folk. Those with troubled counterparts ought to consider the involvement of professional services. Intervention could be lifesaving. There exists a greater possibility of the responsible adult receiving full-time custody. Raising a child after the dissolution of marriage poses a hefty challenge. Awareness of potential complications grants an opportunity to prevent them from taking root.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Protection orders are unfortunate but a necessary part of the New York legal system. If you recently went through a difficult divorce or breakup, sometimes the relationship devolves into abuse or harassment. According to WomensLaw.org, a New York order of protection requires the victim to allege one or more family offenses against the abuser. A family offense occurs when the victim and abuser have blood relations, married or have a child in common. Continue reading for a brief overview of the crimes that fall under a family offense. Disorderly conduct Disorderly conduct is a crime that covers several possible offenses. According to the New York State Senate, disorderly conduct occurs when the abuser intends to cause a public inconvenience or create annoyance and alarm. Behaviors that fall under this category might include fighting, threatening behavior, unreasonable noise, abusive language or refusal to comply with lawful conduct. Harassment Harassment may be in the first or second degree. Second-degree harassment occurs when the abuser strikes or uses physical contact to threaten the victim. It also occurs when the abuser repeatedly commits acts of annoyance or alarm that do not serve a purpose. First-degree harassment occurs when the victim becomes reasonably afraid for their safety. Usually, first-degree harassment leads to an additional charge of stalking. People who do not suffer from physical abuse often do not realize they are in an abusive relationship. There are many more crimes that might warrant an order of protection. Look out for the signs of a family offense, and do not accept a dangerous or emotionally harmful relationship with your ex-spouse.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Going through a divorce is stressful and difficult. The rules around child support can add complexity. Read below to clarify some common misconceptions. Will my ex be allowed to stop paying child support when my child turns 18? No. According to the State of New York’s Child Support division, the noncustodial parent must pay child support until the children turn 21. Is child support just a cash payment every month? Not necessarily. Many noncustodial parents contribute toward health care insurance, child care expenses, and out-of-pocket medical costs in addition to paying monthly cash transfers. Is a biological parent the only one who can receive child support? No, any legitimate caretaker can apply to have child support sent to them. This includes legal guardians, grandparents, relatives, caretakers, and even the child themselves. What if my ex disappears and/or refuses to pay? The Child Support Enforcement Unit (CSEU) of the State of New York works hard to ensure that child support goes to the person who deserves it. In the event of a parent who flees town or the state, there can be a combination of state and federal enforcement actions designed to find the person. Do I have to trust that my ex will pay me every month? No. The Support Collection Unit (SCU) will automatically deduct your child support from their paycheck. The SCU also has access to lottery winnings, tax returns, assets and bank accounts. The child support system seeks to ensure you have everything you need so that your child can live a normal life after divorce.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. The relationship between grandparents and their grandchildren is precious and important. In many cases, grandparents not only provide love but emotional and financial support as well. Sometimes a divorce can overlook grandparents’ rights. If your son or daughter’s divorce has resulted in your seeing your grandchildren less than you would like, you can petition the court for formal visitation rights. What are the requirements to be able to file for visitation? The state of New York will grant visitation to biological and adoptive grandparents, as long as they find that the visitation order is in the best interest of the child. Before filing, the grandparent should be able to prove that: The pre-existing relationship with their grandchild was substantial and positive The children’s parents are preventing regular visits What else will the court consider? Once you establish a positive relationship, the court will consider other factors: The child’s age and wishes The distance between the grandchild’s home and visits with the grandparents The health and well-being of everyone involved The relationship between the custodial parent and the grandparents Can a grandparent file for full custody? In New York state, grandparents who wish to file for custody of their grandchildren must either have the consent of the parents or prove that there are extraordinary circumstances. Extraordinary circumstances may include: Child abuse or neglect Child abandonment Disruptions of custody for extended periods Grandparents are an important part of their grandchildren’s lives, and that relationship deserves support and protection. Filing for court-ordered visitation can assure both you and your grandchild that your relationship will continue despite the divorce.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Creating your custody arrangement can be overwhelming. Of course, you want to spend as much time as possible with your children, especially over the holidays. Incorporating vacations and holidays into your custody agreement is vital to avoid conflicts in the future. New York offers parenting plan options Think about your typical holiday plans and traditions to help you determine what is in the best interests of your children. There are three standard custody schedules for dividing parenting time over the holidays. A shared schedule gives both parents time This custody plan enables each parent to spend some time with their children during vacations, holidays or birthdays. You may address one-day holidays by having the children spend the morning with one parent and the evening with the other. You can divide longer breaks by giving each parent a few days. An alternating schedule divides time annually Most people choose an arrangement that alternates holiday time between the parents each year. In this type of schedule, the children spend one holiday with you, then spend that holiday with their other parent the following year. A fixed holiday schedule splits time by specific events You may like this option if you and your spouse prioritize different holidays or if you want your children to maintain annual traditions. You and your spouse determine which holidays each of you will spend with your children. You want your children’s school breaks to be positive events. Knowing your rights is the key to ensuring a fair child custody agreement that works for your family and establishes holiday parenting time.