On Behalf of The Law Offices of Joseph H. Nivin, P.C. 

Divorce is a lengthy process. There are a few major steps that you must take to go through it. If you want a legal separation, you would follow the same steps. If you separate, there is a waiting period before your divorce.

The key to successfully going through a divorce is to know the steps you need to take ahead of time. Here are the steps you must go through to get your divorce.

Start your case

To start your case, you must file for divorce with the courts and let your spouse know about it formally. Then, your spouse will respond by agreeing to participate or not.

Share financial information

If you filed for divorce first, you must share your financial information. Your spouse must also fill out this portion of the divorce forms if they decided to participate in the process.

Divvy up assets

Your next step is to divide your assets and debts as well as child care and spousal or child support. You can use mediation or agree to these things outside of the courts or you can let the state make these decisions for you.

Finalize it

The last step is the longest, but once you get through it, you are almost finished. Your last step is to submit your final paperwork and the court will dissolve your marriage.

If you have decided that you want a divorce, get started on these steps as soon as possible. That will help you get through it sooner so you can get your divorce.

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On Behalf of The Law Offices of Joseph H. Nivin, P.C. 

Alimony, also referred to as spousal support or maintenance, plays a crucial role in divorce cases. It helps ensure that both spouses maintain a standard of living close to what they enjoyed during their marriage. Many individuals in New York question if they can receive alimony if they hold a job during the divorce process.

In some circumstances, a working spouse may still be eligible for alimony in a New York divorce. Understanding these factors can provide clarity for individuals navigating the complexities of divorce proceedings.

Determining factors for alimony

Several factors contribute to a court’s decision on whether to grant alimony, regardless of whether the requesting spouse has a job. These include the length of the marriage, the age and health of both spouses, the present and future earning capacity of both spouses and the standard of living established during the marriage.

Income discrepancy

One of the key considerations in awarding alimony is the income discrepancy between the two spouses. If one spouse earns significantly less than the other, they may receive alimony to help bridge this income gap, even if they are working.

The role of the standard of living

New York courts also consider the standard of living established during the marriage when determining alimony. If a working spouse’s income is insufficient to maintain this standard of living post-divorce, they may receive alimony to assist in meeting these financial needs.

Length of marriage and age of the spouses

The length of the marriage and the age of the spouses can also affect alimony awards. Long-term marriages or situations where the lower-earning spouse is nearing retirement age often warrant alimony to ensure financial security for the less financially stable spouse.

Ability to become self-supporting

The court also assesses the ability of the less financially stable spouse to become self-supporting. If the working spouse cannot reasonably improve their financial status due to factors like age, health or job market conditions, they may qualify for alimony.

Having a job does not automatically disqualify a spouse from receiving alimony in a New York divorce. A working spouse can potentially receive alimony if the circumstances align in their favor.

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On Behalf of The Law Offices of Joseph H. Nivin, P.C. 

There are many misconceptions about child custody determinations ranging from mothers receiving preferential treatment to the courts automatically mandating an even split of custodial time. The truth is that every custody case is unique and there are no automatic rulings. The courts consider a variety of factors to determine the ideal custody situation.

Understanding what the court considers may help you understand your potential custody ruling.

Caregiver status

If one parent serves as the primary caregiver, has a stronger and closer bond with the child or shows more experience and understanding of any special needs, that relationship factors into the custody determination. Awarding primary custody to that parent reduces the emotional upheaval and trauma for the child.

Parental capabilities

The courts also consider each parent’s capabilities. If one parent lacks the parenting skills or necessary time to commit to raising the children full-time, the other parent may receive primary custody. Children need a capable, supportive and stable environment.

Sibling relationships

The relationships between siblings also factor into the ruling. When a child has established bonds with siblings, judges often try to preserve those relationships. Awarding primary custody in a way that keeps all of the siblings together helps reduce isolation issues and fosters stronger relationships.

Child’s preference

When children are old enough, judges often ask for feedback about which parent the child wishes to live with. While the child’s preference does not automatically guarantee a ruling, it can contribute to the decision.

Misconceptions about custody rulings can be troubling. These are important facts to consider before you go to court.

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On Behalf of The Law Offices of Joseph H. Nivin, P.C. 

One of the most important things divorced parents can do for their children is work as a team to provide love and stability.

Sadly, sometimes one parent not refuses to work as a team with the other, choosing instead to involve the child in the conflict through a tactic known as parental alienation.

Parental alienation and parental alienation syndrome

Parental alienation is an effort by one parent to manipulate a child and turn him or her against the other parent. This can result in a series of behavioral symptoms seen in the child, known as parental alienation syndrome.

Common parental alienation tactics

A parent engaging in parental alienation will often attempt to degrade and vilify the target parent. This may include name-calling, oversharing details of the divorce or even making false accusations of abuse.

Interfering with parenting time is a common parental alienation strategy. The alienating parent may interrupt the child’s time with the target parent or intentionally schedule conflicts during this time.

Parental alienation may also involve withholding information. Refusing to share information about school, appointments or important events can damage the relationship between the child and the target parent.

Symptoms of parental alienation syndrome

Children who have experienced parental alienation often display strong, irrational anger and resentment toward the target parent. In contrast, they might show unwavering loyalty to the alienating parent.

When questioned about this change in attitude, the child may repeat comments and accusations he or she has heard from the alienating parent. At the same time, the child might emphatically deny that the parent is influencing the behavior, even when it is clear that the child is parroting the parent’s words.

Parental alienation harms everyone involved. Divorced parents should be aware of the warning signs and note any concerning changes in behavior.

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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.

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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.

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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.

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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.

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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.

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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.

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