Family Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Family Law.
Many people are unaware of probate courts and what they do. If you've begun your estate planning efforts you may know that probate courts are responsible for supervising the estate administration process, even though they also do a lot more. Though each state court has different responsibilities, let’s take a look at some of the more common matters that probate courts handle.
Married couples planning on divorcing sometimes under estimate the extent to which the divorce will impact their estate plans. Not only will you have to change key documents such as your will and your advance directive, but you may also have to create additional estate planning tools to protect your property and ensure the divorce will not cause problems with your estate plan later.
In some situations, a married couple may decide to separate legally, instead of divorcing. While a legal separation contains very similar provisions to a divorce there are certain estate planning concerns that legally separated couples have that a divorced couple does not. It's important to speak to your estate planning attorney if you plan on getting a legal separation.
Pursuant to s. 19(1) of the Ontario Family Law Act both spouses (married not common law spouses) have an equal right to possession of the matrimonial home. That is, both spouses of equal right to reside in, use and enjoy the matrimonial home post-separation regardless of whether title to the home is joint or in one spouse’s name solely.
Many people are unsure of the difference between a legal separation and a divorce. In this article, the benefits and the differences of both will be investigated. In many states, a legal separation can be granted to a couple if “irreconcilable differences between the parties have caused a temporary or unlimited breakdown of the marriage.”
One out of every five adults, or about 50 million Americans, have been diagnosed with some form of arthritis. Though many of these people are elderly, about half of all arthritis sufferers are under the age of 65. If you begin noticing any of the typical warning signs associated with arthritis, you should speak to your doctor so you can start a treatment regimen. Early detection is always better than catching it too late.
An estimated one out of every five American adults, or about 50 million people, will experience arthritis at some point. Though it's commonly believed that arthritis only affects the elderly, about half of all arthritis sufferers are under the age of 65. Early arthritis warning signs are often key in developing appropriate preventative measures, so if you notice any of these arthritis red flags you should speak to your doctor as soon as possible.
Florida is one of the few states in the nation that allows for permanent alimony and current laws do not limit on the amount of alimony that a judge can award a person. There is also no legal formula for alimony and no steadfast rules regarding the duration of alimony payments either. This has caused a certain level of unpredictability and inconsistency in alimony rulings in Florida from case to case, even though case facts may be similar.
Show about Divorce Hotel May Not be Realistic - By now, you may have heard about the Divorce Hotel in the Netherlands. This is a hotel that allows couples to get most of the details of their divorce worked out in a weekend. There is even talk of a reality television show that would follow this new idea. While the show is an interesting thought, and would likely be watched by many, there are some issues with it that may stand in the way of letting it become a reality.
Are you having difficulty making your child support payments? Or are you not receiving enough in child support? There are options available to help you in your current situation. If you have been through a divorce then you may have gone through the difficult process of determining child custody and visitation rights. If you have not been granted custody then you were probably granted some rights to visitation.
Dementia is a symptom of Alzheimer's disease, though it can also occur as a result of other medical conditions. Alzheimer's and dementia produce memory loss and a general cognitive impairment. Here are three common warning signs that Alzheimer's patients typically show. If you notice any of these in yourself or in a family member or loved one, you should consult a physician as soon as possible.
It really doesn’t matter if you are divorced or married, naming someone to act as the guardian for your children is probably the most important part of your estate plan. People that are divorced naturally assume that the other parent will automatically get custody of the children if something should happen to them. This is true in most cases, but there are some situations to where it would be helpful if you have named a guardian for your children.
Maryland - May 18, 2012 - A new story recently emerged in the heated debate over gay marriage. Last week, Maryland's highest court held that courts in that state must apply divorce laws equally, and grant a divorce, for gay marriages that were legally formed in another state.
A jury has awarded $3.2 million dollars to the family of a man who died in hospice care after leaving a Rocky Ford, Colorado nursing home. The Pioneer Healthcare nursing home is challenging the verdict. At trial, an expert found that the deceased had acquired 16 separate infections during his stay at the nursing home, and over 30 injuries. The final cause of death was determined to be a stage-four bedsore as well as malnutrition and Parkinson’s disease.
For adults engaged in difficult divorce and custody battles, it can be all too easy to forget the significant, long-lasting impact that these types of proceedings can have on those most sensitive to the fallout, children. Unfortunately, the setup of the court system promotes a competitive approach to determining custody in that one party is the so-called winner (the “primary” custodian) and one party is the so-called loser (the “partial” custodian) in most cases. Children do not see it that way.
While preparing for your upcoming wedding, the last thing you want to think about is getting divorced. When you are about to get married, you think of your partner as your best friend, so you are much more likely to be amicable and fair than when you are about to get divorced, when you probably, albeit not always, think of your partner as your worst enemy. That being said, here are 5 things to consider when drafting a prenuptial agreement:
In most divorces, the marital residence is one of the most substantial assets in the entire marital estate, if not the most substantial asset. What makes real estate unique from other assets, such as bank accounts, retirement accounts, and other investments, is that it is an asset usually tied to a liability, such as a mortgage or a home equity line. Consequently, when parties are going through a divorce, one of the challenges is determining what happens to the marital residence.
For many divorcing couples, retirement accounts can represent much of the value of a marital estate. Retirement accounts come in various forms and include Individual Retirement Accounts (IRAs), Roth IRAs, SEP IRAs, 401(k) plans, 403(b) plans, defined benefit pension plans, etc. Division of these various retirement accounts is a common concern for those separating or going through a divorce. Below are 3 important issues that arise with respect to retirement assets:
As people continue to live longer and medical science continues to make improvements, elderly people often face a range of legal topics that younger people typically do not have to deal with. Elder law attorneys are lawyers who specialize in knowing how specific areas of the law impact their clients and what people can do to protect themselves as they get older. Let’s take a look at some of the most common areas that elder law attorneys deal with.
According to the Alzheimer's Association, there are a variety of warning signs and symptoms that may indicate the onset of Alzheimer's disease. If you notice any of these symptoms, you should contact a doctor right away. Though many of these symptoms mimic age-related problems that almost all elderly people experience, Alzheimer’s disease symptoms are typically more significant than the common ailments associated with growing older.
Property settlement agreements are a great way for parties who are separating or divorcing to settle property issues amicably and to their mutual satisfaction. Without proper legal representation, however, these agreements can lock people into settlements that are detrimental. Following are five of the pitfalls people should avoid when working on such agreements:
Managing your money can be a challenge after a Virginia divorce. You can survive and thrive by staying positive and following some basic tips. You spent years sharing everything with your spouse, but now that your Virginia divorce is finalized, your money and life are all your own. There's a lot of freedom in being in control of one's own finances, but there are also major responsibilities. Despite the challenges, managing your money is an important part of post-divorce life.
There are many ways to go about getting divorced. Hiring a lawyer is generally the most common and logical choice, but the only problem is that not everyone can afford a lawyer. There are many things to keep in mind before proceeding with a divorce, and the two main ones are how much should you be prepared to spend and what things are the most important to you.
Child custody takes many factors into account a looks to determine what the best possible situation available is for the child. Which parent will they stay with, which school will they go to, how long will they be with each parent and who makes decisions for them are just a few of the questions that will need to be answered. For many, divorce is one of the most challenging moments of their life. That moment is only further complicated when it involves a child.
If you need the help of a family law attorney, you must consider some important things in this regard. These things include accessing a right lawyer, way of executing of the lawyer, if you are getting all the relevant information and aspects regarding your case and firm professional ethics etc. After considering all these points, you can definitely find the best family law attorney that will sort out your concern in highly effective way.
Prenuptial agreements still get a bad rap. People often crack jokes when talking about them, saying they are for the paranoid, the pessimistic, and the greedy and how unromantic they are. But wanting or signing a prenup doesn't mean you are planning for divorce. In reality, they serve a very important estate planning function, particularly in second marriages. Such agreements can also be made after marriage and are called post-nuptial agreements.
Covert Surveillance Tools Often Used in Divorce - If you are in the middle of a divorce, you may have considered using technology to get the upper hand. If so, you are not alone. It has been discovered that more people than ever are using covert technology, such as spy cameras, to try to find evidence to use against their ex. You might be interested in the reasons for this kind of instrument.
You may be told constantly to try to settle out of court when it comes to divorce. However, sometimes it makes more sense to go to court. In some cases, trying to settle out of court can just drag out the divorce, so you should learn the signs that you would be better off taking the case to the courtroom.
Every family dynamic is unique and the level of communication that exists among family members is going to vary on a case-by-case basis. Some families have very frank and open lines of communication and this can be helpful when you are considering the implications of the aging of a family member.
One of the most contentious issues in North Carolina family law is child support. How child support works in North Carolina is a very common question asked by those who are planning or facing divorce. Child support laws in most states are fairly fixed without taking into account the actual child-related expenses of both spouses.
The vast majority of us will need to entrust an elderly family member’s care to a stranger at some point in time. This may be for anything from a monthly home visit by a caregiver, to full-time, around the clock nursing home care. Unfortunately, statistics tell us that elderly Americans are also being abused, neglected and generally taken advantage of at an alarming rate.
Atlanta child custody lawyers at The Margolis Legal Group, P.C. can offer quality legal aid and counseling to families fighting for custody of their children. Claiming legal custody of your baby should be the last thing on new parents’ minds. But for the Blairs, a military family from Georgia, obtaining an Atlanta child custody attorney was top priority following the birth of their daughter Makayla last year.
When you file Chapter 7, rights to some assets must be protected or you could risk losing them during discharge. A Texas bankruptcy lawyer can help you deal with your responsibilities. When you file bankruptcy under Chapter 7 your rights to certain exemptions and reliefs are held up by federal and state bankruptcy laws. In order to protect these rights, you need to first make sure that you comply with all of the responsibilities you have under these laws as well.
Social media can play an important role during a Seattle divorce. Find out how from Seattle divorce and family law attorney Eric Engel of the Engel Law Group. Social media sites are helpful tools when looking to network or reconnect with friends and family. However, these types of sites can also negatively impact your divorce, as well.
As you get older, different laws have a greater or lesser effect on your life. Elder law is simply a phrase used to describe all the legal issues that affect people as they age, retire, and die. Let's take a look at some of the more common issues that elder law attorneys deal with.
A good estate plan is one that takes into consideration all of your major life events, including a planned retirement and the money you'll need once you stop working. However, whether you have already retired or have yet to, you may wish to reconsider your decision to stop working. For many people, choosing not to retire is one of the best decisions they make. Here are several reasons why it may be right for you.
When you are making your estate plan you may hear the phrase “elder law” but not really know what it means. Elder law is simply the collection of legal issues and topics that most often impacts the elderly. Creating an estate plan, for example, is one aspect of elder law, though the topic includes numerous other legal issues. Let’s take a look at some of the most common elder law issues.
As of January 1, 2010, same-sex marriage became legal in the U.S. state of New Hampshire. The journey to this momentous decision was anything but smooth, and Republicans have even recently filed a bill to repeal the gay marriage law. The bill was not successful and was defeated in the state House with a vote of 211-116. New Hampshire is one of 31 states that have had ballot measures related to same-sex marriage since 1998, and the opponents have prevailed in every state.
A child custody case in Texas may be affected negatively if domestic violence is involved. If you are pursuing a child custody case in Texas, allegations of domestic violence can have an impact. To better understand family law code and what your rights are, contact a divorce attorney as soon as possible.
Tens of thousands of elders fall victim to some form of abuse every year, and the abuse is very often at the hands of caregivers or close family members. The signs of elder abuse can be hard to recognize, for a couple of reasons. First, many of the signs overlap with what appear to be normal signs of aging – frailty and mental decline.
Those about to begin the Pennsylvania divorce process often find themselves overwhelmed and emotionally exhausted. For many, meeting with a divorce lawyer can seem like a daunting task, especially if you don’t know where to begin. Below, I’ve listed 4 common major issues that you should discuss with your divorce lawyer.
The elderly population has always been an easy target for financial fraud by both illegitimate and legitimate companies. During the recent economic recession, reports of fraud against the elderly have been rising. The Federal Trade Commission in conjunction with state attorney generals has been increasing their consumer protection programs to protect elderly consumers.
In cases of divorce one of the issues that can occur is whether or not spousal support should be awarded. In order to properly make a decision a number of items will be weighed to choose if one of the spouses has a right to support. For many people when their marriage ends they are shattered not just from the emotional strain but the worry of how they will continue on and support themselves.
In practice, Kentucky courts give slightly weaker emphasis to the law which appears to grant visitation rights to grandparents. Grandparents who are primary care providers for their grandchildren are given equal consideration under the law by the courts when the court determines custody issues.
Congress will soon be considering a bill aimed at better protecting the child custody rights of military parents. The proposed new law, called the Service member Family Protection Act, would prevent family court judges from basing child custody decisions solely on service members’ past or future deployments. The bill seeks to amend the Service members Civil Relief Act to provide for the protection of child custody arrangements for parents who are members of the Armed Forces.
It is good to go through life staying positive, but at the same time you have to be aware of certain dangers that exist and take precautions to protect yourself. This can become even more important as you consider the eventualities of aging.
New Hampshire has long since recognized the privileged nature of communications between husbands and wives. However, with the widespread use of electronic communications, it has become unclear whether such communications remain within the realm of “marital confidences”.
Senior citizens and elders are increasingly victims of scams. Abuses by attorneys in fact are among the worst. Elder Financial Abuse: Power of Attorney Scams - How to protect seniors from abuse of a power of attorney by family or friends, and how to spot this type of financial abuse.
Prenuptial agreements are written agreements that delineate each party’s rights and obligations in the event of a divorce. A prenuptial agreement is signed before the wedding and the agreement goes into force once the couple weds. The typical agreement addresses issues such as property division, distribution of marital assets and property, spousal support, the making of a will or trust, life insurance and other relevant rights or obligations in the event of divorce or death.
If you and your spouse are considering filing for a divorce, there are probably numerous questions going through your mind. Not only will you have to decide if divorce is the best option for you, but you will have to determine which type of divorce to pursue.
Ratification of Settlement and Separation Agreements - As an alternative to divorce, married couples often opt to enter into s separation agreement without dissolving the marital relationship. There are countless reasons why a married couple may choose separation over divorce.
When the child was only four months old, his mother was murdered by a man she had previously dated. Less than two weeks after the murder, Givens filed a petition seeking to become the child’s “sole legal and sole physical” custodian. At the time of filing, Darst was presumed to be the father; however, Givens did not notify him about her petition.
For our clients whose assets are sizeable, we understand that there are specific issues that will arise during a divorce. Complex financial holdings and property division must be reviewed carefully in order to create an equitable distribution of assets. First and foremost, any prenuptial or postnuptial agreements must be reviewed.
A divorce is one of the most stressful events that may occur in a person’s life. Many people do not know how to focus their energy and can feel lost during their divorce proceedings, but it is extremely important not to get discouraged. There are a few things that you should try to do or avoid during the divorce proceedings in order to help keep your sanity.
One thing to consider when contemplating the contingencies of reaching an advanced age, is the possibility of being unable to handle your day-to-day needs on your own. The likelihood of a stay in a nursing home or assisted living community may be the first thing that comes to mind. These options exist, but there are some pitfalls that go along with these types of facilities.
Some parents think that getting their spouse to agree to joint legal custody during a divorce means an end to the bickering over decisions in their child(ren)’s lives: obviously the parents will discuss and reach important choices together, come to an agreement like adults, and move forward for the best interest of the child(ren), right? Wrong. Do not succumb to the deceptively sweet sounding siren song of “joint legal custody” without knowing the law.
By Jaburg Wilk
Determining the valuation in divorce proceedings can often be contentious and difficult. There are three approaches to value any asset, business or business interest: 1) the asset approach, 2) the income approach and 3) the market approach. By: Mitchell Reichman
Pennsylvania parents who owe back child support and who receive checks from the federal government may see less money each month due to a cost-saving change to be made by the Treasury Department nationwide. Beginning in March of next year, the Treasury Department will begin paying federal benefits electronically, rather than by paper check.
There are many questions that arise when it comes to Child Support. Parents wonder how taxes will affect their Child Support, and how will their child be divided for the Child Tax credit between the two parents.
When you are considering the eventualities of aging it is important to understand that there is a good possibility that you will need living assistance at some point in time
In Ethiopia, there are three forms of marriage. i.e. civil, customary and religious marriages. But the effect of dissolution of all forms of marriage is the same.
In social life it is expected that one person help another person in times of need. Especially members of a family are more intimate than any other persons. So they maintain one another. Such social values are backed by law.
After dissolution of marriage by divorce the next step will be liquidation of pecuniary relations. The pecuniary relations between spouses shall be liquidated by agreement or by retaking of personal property.
After a divorce involving underage children, many parents would love an equal 50/50 split of time would be spent by each parent with each child. However, a myriad of conflicts may prevent this from happening. Some conflicts can be avoided or rectified, whereas others may be permanent obstacles around which both parents must navigate.
Getting divorced in Virginia can be a complicated endeavor. If you have children, assets, or any other likely points of dispute you should contact a Virginia divorce attorney for women. If you're getting divorced in Virginia, you might be wondering whether you need to hire an attorney. While the idea of having a Virginia divorce attorney for women on your side can seem appealing, you may not know much about working with a lawyer and be unsure of what to expect.
By V&T Law Firm
The Supreme Court issued a Judicial Explanation recently over Marriage and Divorce Law. There is a clause which may have substantial influence to expat who is ready to get married in China.
In America today, marriage is common, however divorce is very common as well. Some factors that help to prevent divorce are: religious beliefs, a college education, a good example from the parents, and even waiting until the age 25 to marry.
Many of people do not know when the proper age is that a child is able to help in the decision of with which parent they will claim their primary residence.
If you are considering filing for a divorce, the spilt of the relationship is not the only aspect that will be affected. Families will also have to make decisions regarding child custody and visitation.
Going through a divorce can be a challenge emotionally all on its own, but add to the fact that you are leaving an abusive relationship and an entire new set of emotions comes into play as well. People tend to have their reasons for staying in an abusive marriage such fear, money, children, family, and many other reasons. This can lead to quite the emotional rollercoaster once a person is working toward freeing themselves of that abusive relationship.
In the past month, lawmakers in the state of Colorado have vocalized concerns that too many youth are being charged as adults, and they are now trying to scale back the authority that prosecutors have in the state. Colorado prosecutors have always been able to charge juveniles as adults when they commit serious crimes because of a process called a “direct file”.
A prenuptial agreement is a document that defines how a couple’s assets and property will be divided if the marriage happens to end in divorce, or in the case of a death of one spouse. Prenuptial agreements are filed before the couple is married as opposed to a post-nuptial agreement, which is essentially the same document; however it is filed while the two people are married.
Divorce brings up a number of issues that will need to be discussed and decided upon. The recent case of a divorce in Hollywood has illustrated the complexities that can be involved as well as the important choices such as how the parents will no divide custody over their children.
A prevalent issue in today’s society, many women face the devastating effects of domestic violence. Many are taking action to stop this atrocity, including some members of Hollywood’s elite. It was shock to many when allegations of Chris Brown and Rihanna having a violent dispute broke out. Pictures flooded the news of the young and hopeful star badly bruised from the beating she had suffered.
While divorce can be extraordinarily stressful for the parties, for children it is often even more difficult. Children of divorce often blame themselves and wonder if they somehow caused the divorce. This makes it very important that you let your children know that they did nothing wrong, the divorce had nothing to do with them, and both parents will always unconditionally love them.
The former governor Arnold Schwarzenegger and his wife of over 25 years say they have no plans to reunite despite recent reports that they may have been seeking counsel and are trying to resolve their marital problems. The couple has been spending time together with their children which spurred on the rumors of reconciliation, however, sources claim that they are a family despite the divorce case and they will continue to parent their children together.
Alimony, the payment of income to a former spouse is can be an important revenue for many who have grown dependent on their former spouse. To handle the differing needs, legislators are constantly observing it to determine the best way to distribute it. Many people have heard the statistics on the divorce rate at this point.
Tip 1: Consider the children. When people with children from a previous relationship get married the new spouses automatically become entitled to a portion of the other's estate. This can impact how much the children stand to recover. You can use a prenuptial agreement to waive your right to inherit from your spouse and ensure your children aren't left out in the cold.
Elderly driving – is it impacting our roadways and causing the accident rate to increase? Learn more about the potential dangers and threats that elderly drivers possess when behind the wheel. You’ve heard the stories of being “cut-off” or “rear-ended” by an elderly driver, yet you wonder if these drivers are truly posing a threat to other drivers on the road.
Answer: Though prenuptial agreements are available to any couple, those entering into a second marriage or who already have children, stand to benefit the most by making sure a good prenup is part of their estate plan. Once you get married in Arkansas, you are automatically entitled to a portion of your spouse's estate when he or she dies.
Long-term care is extremely expensive and the fact is that Medicare does not pay for it. So, if you truly want to be prepared for all the eventualities of aging you are going to have to be proactive about addressing these potential expenses.
Generally, Florida courts will uphold nuptial agreements if entered into and signed properly. This extends to both prenuptial (before marriage) and postnuptial (after marriage) agreements unless one party can prove there was no full disclosure of financial assets or that he or she signed it under duress, fraud or mistake. In the absence of extenuating circumstances, courts will uphold them. Courts will also allow spouses to waive their inheritance rights through nuptial agreements.
More than half of births to U.S. women under 30 are outside of marriage. This cultural shift has many implications for child custody issues. The number of single mothers in the United States has been on the rise for quite some time. In 1970, approximately 2.8 million single mothers had custody of their children. By 1995, this number had nearly tripled.
You may want to talk with the debt collector once to be sure the debt involved is yours or to discuss a way to resolve it, but you can refuse contact. If you inform the collector you are represented by a bankruptcy attorney or other counsel, the collector must contact your lawyer rather than you.
Sometimes the relationship between an unmarried mother and Father falls apart before the child is born. In such a case, either parent may be forced to turn to the Courts to determine paternity and child support. Which begs the question: Can a party file a paternity action before the child is even born?
An article from the bench, bar and parenting coordinator. Honorable Judge Mary E. Staley - For the sake of their children, divorcing parents must communicate with each other in a healthy manner concerning parenting issues. This poses a serious problem for the approximately 20-30% of divorcing parents who exhibit high conflict behaviors. Research indicates that unrelenting parental conflict is the most common cause of poor adjustment in children following a divorce.
Paying spousal support to your former spouse after marriage can be an emotionally and financially painful experience. And if a divorce is imminent, she will come at you asking for the kitchen sink. Below are some tactics and techniques that you can use to reduce alimony payments in your divorce case.
Every year, thousands of people are arrested for domestic violence, many of which cases lead to divorce. If you or your child is a victim of domestic violence, an attorney can help you get a restraining order and file for divorce. Domestic violence refers to violence that happens in the home, between family members, or people who live together. It often occurs between spouses, parents and children, ex-couples, people who have a child in common, roommates, or other family members.
While most men do not mind supporting their wives during marriage, the thought of continuing the financial support months or years after the marriage ends can be difficult to swallow. Luckily, there is something men can do to minimize, if not eliminate, their alimony payments.
The dissolution of a marriage is a legal act that may not coincide with the emotional tearing asunder. Divorce is typically a painful process for all concerned. While it can take adults time to regain psychological equilibrium, there is also a threat to be involved in a court proceeding claiming for compensation for children’s maintenance and support. However different jurisdictions have different solutions to the issue. In this article we will describe the question under Dubai and UAE Law.
It can be extremely difficult to how to navigate through your divorce without a little bit of help. Below is a guide of what should you expect, and ways to help making the entire process go a little bit more smoothly.
Every year, elder abuse affects hundreds of thousands of older people. Many of these victims are frail, vulnerable and helpless against their abuser. Our nation’s elderly are men and women just like us who have lived their life to the fullest. They are not just elder adults, they are people with feelings, emotions and self respect. Unfortunately, every year hundreds of thousands of elderly adults fall victim to the abusive behaviors of their caregivers, nursing homes and even family members.
More and more couples are choosing to create a prenuptial agreement before becoming married. If you are planning on getting married in the near future, is this a necessary step for you? What are the benefits of a prenup? A prenuptial agreement, or prenup, is a legal document which stipulates the rights of each spouse. This could be in regards to property and other assets or it could be in regards to children.
Divorce is a painful and complicated process, and when children are involved, it is that much more complex. The parents must come up with a workable and hopefully satisfactory parenting plan, which can be easier said than done. The parent who is granted physical custody of the children will live with the children and provide for all the children’s daily needs.
These days it is not uncommon for divorce agreements to contain provisions requiring parents to pay for their children's college education; however, often their financial obligation is capped at "SUNY", that is, the cost of a public university.
Many divorces are far from clean and easy. Many spouses try to hide income and assets so that they are not considered during the divorce proceedings. Here are a few simple ways to discover hidden assets of your spouse.
Cruel and Inhuman Treatment - this breaks down into either physical cruelty or mental cruelty. Mental cruelty requires a course of conduct likely to have physical manifestations and physical affects upon the innocent spouse. (New York Domestic Relations Law, Section 170.1)
Parenting agreements or as they are sometimes referred to as a parenting plan can be helpful in dealing with issues your children will face in the future. During the process of developing the parenting agreement you must think about all of the issues involving your children's lives. In the event of a divorce, issues involving your children will be extremely important to you.
There was a case called Majauskas v. Majauskas in New York State. This case set the standard for the division for all types of retirement plans. The Majauskas formula regarding the division of Retirement Plans as follows: Retirement plans of all types and nature including but not limited to 401 k plans, 403 b plans, IRA's, pension plans, profit sharing plans and all other retirement compensation plans are equitable distributed in a divorce.
If child custody and/or visitation arrangements have not worked out, the non- custodial parent can bring an application to either the Family Court or Supreme Court to modify the child custody arrangements (if the parties have remarried). Men often do poorly when dealing with the Family Court or the Supreme Court in child custody and visitation matters.