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Divorce Archives

Tips may make divorce more amicable in new year

Some couples in New York may be contemplating getting divorced in the new year. Still, even if a couple chooses to go through divorce, the process does not necessarily have to be hostile. A couple of tips may help a divorcing couple to make their marital breakup as amicable as possible.

Requesting Temporary Exclusive Use of the Marital Home

When one spouse files for divorce, it often inspires a stressful-and sometimes even hostile-household environment. To resolve this issue, both spouses can work with their individual legal representatives to petition the court for temporary possession of the family home. Unfortunately, New York courts usually only grant temporary occupancy to a single spouse if there is significant proof of "domestic strife." Because some degree of conflict is expected during a divorce, the court is often hesitant to award a single person possession of the marital home unless the other spouse has an alternative residence available. After all, it's difficult to order one spouse to suffer financial difficulties because they have to rent or buy new property.

What Happens to a Timeshare During Divorce?

New York Is an Equitable Distribution State

Equitable distribution is legal principle that refers to division property and finances based on the relative needs and contributions of both spouses. This means when couples in New York get divorced, state courts attempt to divide assets as fairly as possible, which rarely means a 50/50 split, though equal distribution is still possible in some cases. Among other forms of property, the equitable distribution principle applies to real estate and timeshares.

What is a QDRO?

If you are considering divorce, you are likely concerned about your financial state of affairs, especially regarding you and your spouse's retirement plan. Perhaps one of the most important aspects of divorce, it is vital you do not forget to consider future pensions even if your divorce occurs years before you are ready to retire. If you do not ensure pensions or retirement funds are a part of your divorce settlement, you may be left economically bereft in the years to come.

Military Pension Division: A Simple Explanation

Couples that include a service member often have unique concerns to deal with when it comes to the law and their marriage. This is especially true in divorce. Our New York military divorce attorney wants you to be informed about what you're potentially entitled to during a divorce from a service member.

Forensic Experts in Child Custody Cases

A child custody case is centered on the life of the child just as much as it is concerned with the lifestyles of the parents. In some ways, it could be argued that a child custody case is actually a parental control case. In order to get an accurate glimpse into family matters so intricately detailed and intentionally obscured, a forensic psychiatrist may be necessary.

Giving Back to NYC

At Peter L. Cedeño & Associates, P.C., our New York City divorce attorneys and our friendly staff are always looking for ways to give back to our community that has given us so much. Centro Altagracia de Fe y Justicia is a great organization based out of Northern Manhattan that promotes social justice through community outreaches, collaborations, and unique charitable initiatives. Due to their goal and works, we are proud to say that they have our support.

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