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New York City Divorce Blog

Can psychology predict the likelihood of a couple's divorce?

When it comes to relationships there is no magical crystal ball that individuals in New York may look into to see if they are destined for happiness or for bitter ends. However, an American psychology professor has reviewed significant research on divorce and has suggested that the presence of certain factors in a person's life may make it more likely to predict that their marriages will end in divorce. New Yorkers who read this blog are encouraged to review the contents of this post, though as every divorce is personal its contents do not imply that any one person may be in a doomed marriage.

For example, the professor found that age at the time of marriage may suggest a likelihood of later divorce. Individuals who got married later in life were less likely to divorce than individuals who got married during their younger years. Also, he found that individuals with more education were less likely to end their marriages than individuals with less education.

What does it mean to have legal custody of a child in New York?

In New York, there are two different types of child custody that must be settled when parents separate or divorce. The first is physical custody. Physical custody covers where a child actually lives and with which parent they spend their time. It is possible for a court to assign both parents physical custody of their child in a joint custody plan, but this type of determination will only happen if it serves the best interests of the child.

It is not uncommon for a child to be placed in the sole physical custody of one parent and have visitation time with their other parent. This is done to accommodate the needs of the child, their schedule and schooling and other important factors that can weigh on the development of the child. However, just because a parent receives sole physical custody of a child does not mean that they will also receive sole legal custody of their child.

Know the possible outcomes of a New York child custody dispute

After the divorce or separation of parents in New York, it is imperative that the children of the failed relationship are looked after and provided with as much support as possible. To this end the courts of the state seek to preserve the children's best interests when they make decisions regarding their custody. A number of factors are considered when courts decide how the custody of children should be managed, and their decisions may result in a variety of different child custody outcomes.

First, courts will look into factors related to how able the parents are to care for their children. They may consider the parents' work commitments as well as their physical and mental capacities to care for their children while on their own. If there is evidence of violence perpetrated by either of the parents that may weigh against a parent having custodial rights, but as with all legal matters individuals should seek their own counsel as different cases may result in different outcomes.

Anti-vaccination beliefs vs. a child’s best interests

When planning for divorce, many people expect their interactions with their ex-spouse to become easier. Once you no longer cohabitate, the differences will be minimized. While divorce can reduce that stress on a personal level, parents still need to work together for the best interests of their children. Sometimes determining what, exactly, best interests means is a challenge.

There are many co-parenting arrangements in New York. In most, one parent has physical custody and the two parents split time with the children. While one parent may get more time than the other, both tend to have decision-making capabilities—and this can lead to conflict.

Can unmarried fathers in New York seek child custody?

When children are born to married couples there is usually no question regarding the parentage of the newborns. However, many New Yorkers choose to start families before they marry or when they are in relationships that may never be formalized through marriage. When a child is born to an unmarried couple the filial relationship between the mother and child is clear. If the father and mother are no longer in a relationship or if the mother is unsure of the child's father, though, issues regarding paternity may arise.

A father may recognize a child as his own by signing an Acknowledgement of Paternity. This document legalizes the relationship between the father and child and grants in the father rights to custody over the child as well as responsibilities to support the child through financial care. If a father is does not sign such an acknowledgement, then he may have to undergo paternity testing to prove that he is the biological parent of the child.

Issues surrounding co-parenting and religious differences

Divorce in New York City is certainly different in many ways from divorce in other parts of the country. Our city provides a way of life that many who live in less metropolitan areas never have to consider. Of course, for as many advantages as the city has to offer, there are also many additional concerns.

Parents who face divorce in New York may have serious disagreements about how raising children together while living separate lives may impact the religious priorities of one or both parents. As a diverse population with many deeply rooted religious communities from many faith backgrounds, divorcing parents may find that they have strong conflicts surrounding how to raise children to participate in faith practices.

What forms of relief may an order for protection provide?

Orders for protection are issued by New York courts for the protection of victims of domestic violence. Because domestic violence may take on many different forms, orders for protection are not limited to simple restrictions on the aggressors' behaviors. A variety of different actions may be prevented and prohibited for a domestic violence abuser per the terms of a valid order for protection.

For example, an order for protection may require an aggressor to keep a certain distance between themselves and their victim. The aggressor may also have to leave the family home and establish a residence somewhere else.

Money matters can complicate post-divorce life

When a New Yorker makes the difficult decision to end their marriage, they may prioritize getting to the end of their legal proceedings above all other considerations. However, there are a number of important issues individuals should address before and during their divorce proceedings that can help smooth out the financial transition they will inevitably have to make when their legal relationships are terminated.

For example, a person contemplating divorce should make a realistic budget of their post-marital expenses. After inventorying their sources of income and listing the financial commitments that they will have to retain after completing their divorce, they may find that their intended strategies toward settling property and support matters may need to change.

Will I be awarded spousal support after my divorce?

When a New York divorce is finalized, the parties to the ended marriage are returned to their single status and are free to marry again if they so choose. The parties are no longer obligated to each other as they were when they were married, though agreements and orders created during their divorce proceedings may continue to bind them for many years into the future.

For example, if the parties shared minor children at the time of their divorce they may be required to work together to co-parent their kids and support them through custodial and financial agreements. If the parties owned a business together they may choose to continue their business relationship even after their marital relationship has ended.

Asset division and the active appreciation of separate assets

When young New Yorkers decide to get married, it is not uncommon for the future marital partners to have few assets to their names and only a modest amount of money in the bank. As individuals age, though, their overall wealth generally increases through work, savings and investments. When individuals choose to marry later in life they can bring a lot more money and a lot more property to the relationship.

Often when a person owns property on their own prior to their marriage that property is considered separate from the shared marital assets the couple owns together. The comingling of assets can convert separate property into marital property, but this post will not address this complication any further. Rather, the remainder of this post will address a unique wrinkle that can convert the value of appreciation on separate property into marital property, and thus subject to property division if the owner of the property and their spouse divorce.

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