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New York City Divorce Blog

What is domestic violence?

Some people in New York may think that domestic violence is limited to physical attacks. However, the National Coalition Against Domestic Violence provides a broad definition of what constitutes domestic violence. Domestic violence occurs between intimate partners and can involve physical abuse, psychological abuse, sexual abuse and emotional abuse. Domestic violence does not have to follow a pattern or happen regularly. It may look very different from household to household, but generally involves the desire of the abuser to control their victim.

Domestic violence occurs throughout New York and impacts individuals of all economic, social and racial backgrounds. Victims of domestic violence can seek help with the harm they suffer, though, and in many cases may secure protective orders to prevent their abusers from making contact with them. Protective orders may stop an abuser from calling their victim, approaching their victim or even living in the same home as their victim.

Athlete waived from team due to domestic violence claim

As previously discussed on this New York family law blog, domestic violence is a serious problem that does not limit itself to only affecting individuals of certain social, economic or ethnic backgrounds. It is an issue for communities all throughout the nation, and despite its pervasiveness it can feel incredibly isolating as victims often suffer alone. However, stories of domestic violence often hit the national news when famous individuals are involved in the claims.

Most recently a player for the New York Giants was accused of committing domestic violence against his girlfriend. Michael Bowie, an offensive lineman for the team, allegedly took ahold of his girlfriend around her neck and threw her down to the ground during their dispute. He has been waived from the Giants and turned himself into authorities to face the claims made against him.

New York divorces may be based on fault or no-fault grounds

In 2010, New York became the final state in the country to provide its residents with a no-fault grounds for divorce. Prior to the change of law divorcing parties had to choose a fault ground to include in their proceedings, just to finalize the process. This was true even if the parties were pursuing an uncontested divorce and both desired to end their marriage.

However, now married people who satisfy the state's residency requirements may live separate and apart from their partners for a year and then pursue divorces without alleging fault. Those who wish to use grounds of fault may still do so, and the remainder of this post will discuss those options.

Let our firm help you manage your child custody needs

Even when their parents are mindful of their needs and work to minimize the stresses that may fall upon them, children of divorce can have difficult lives at first. New York parents who have ended their marriages in divorce understand that it is difficult to protect children from the strains of ending a marriage. Not only must children learn to live without both of their parents living under a single roof but they may also have to adjust to a child custody schedule that throws off their normal routines.

In New York and jurisdictions throughout the country courts seek to preserve the best interests of the children who will be subject to their child custody orders. Determining a child's best interests is subjective, and readers of this post should understand that while one child may thrive in a particular physical custody situation another may suffer under the same custodial structure.

Rights of victims of domestic abuse

The image that a New York family shows to the world may be very different than the reality of the family's everyday life. While many families operate with love and disagreements, never allowing either to cause extreme or dangerous behavior between the members, others are plagued by a very real and very damaging problem: domestic violence. Members of a family may conceal their abuse from others and carry the burden of violence alone, without the support of those they may trust.

Being the victim of domestic violence can be scary and isolating. A victim can feel shame over their role as an abused person when in fact the fault of the problem lies with their abuser. In some cases victims may avoid help with their abusers in an effort to stop their torment from getting any worse.

Don't let divorce derail your financial future

Many New Yorkers have spent their lifetimes working hard and building up their wealth so that one day they may retire and enjoy a less stressful existence. From savings accounts to retirement plans to individual investments their financial assets may be just enough for them to leave their jobs and live off of their prior earnings until the ends of their lives.

Retirement can be require careful planning but one major life event can throw even the most detailed retirement structure into chaos - divorce. When a couple divorces the parties must identify what property they own separate and apart from each other and what property they jointly own. Property that is jointly owned by the partners to and ending marriage must be divided between them.

How a business is valued during divorce proceedings

Divorce can be an emotionally draining process for everyone involved. To make matters more difficult, divorce can be a legally complicated process, too. Generally speaking, the more assets you and your spouse have acquired, the more complex your case may be.

One reason that high-asset divorces can be complicated is that one or both spouses have ownership in a business. Determining the valuation of the business is often contested and can be a time-consuming process.

Health care concerns cause some to put divorce on hold

When investigating new employment opportunities many New Yorkers look at what their salaries would be as well as what benefits they may receive as part of their compensation packages. For example, they may find that their prospective employers' offer retirement savings' plans or that they contribute to their employees' pensions. Many, however, look for one very important benefit that can be rather expensive to cover out of pocket: health care insurance.

Having health care insurance can be the difference between catching a serious disease early and suffering failing health from a missed diagnosis. Quite recently access to affordable health care and health care insurance has been all over the news as Congress seeks to make major changes to the current state of health care affairs. It is possible that the Affordable Care Act may be repealed without a replacement which could leave some individuals without a means of acquiring health insurance without employer-provided coverage.

How to successfully vacation with your children post-divorce

It’s prime time to get a vacation in before school starts. The first vacation after a divorce can be difficult. You must imagine your vacation in a whole new way. A successful trip post your divorce can be difficult, but it can also be empowering.

Communication will be a key factor in making your vacation successful. You should discuss your travel plans with your ex. Make sure your ex understands where you and the kids will be going, and how long you will be gone. It is helpful if you agree to keep in contact with one another while you are gone. Let the kids check-in. They will want to share the experience with both parents. A phone call or email system will allow the children to do this.

Poll: Majority of all types of Americans find divorce morally OK

A recent poll by the Gallup organization found that the majority of U.S. adults, regardless of age, religiosity or marital status, now view divorce as a morally acceptable option. Americans are coming to see both marriage and divorce in a more formalistic, legal way than they used to, the analysis concluded. This is a trend that continues even though the divorce rate is at its lowest point in decades.

According to Gallup, the percentage of U.S. adults who agreed with a statement saying divorce is “morally acceptable” topped 70 percent for the first time in the poll’s history. This year, Gallup's annual Values and Beliefs poll recorded 73 percent as agreeing with that statement.

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