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Buffalo Divorce Law Blog

New York appeals court provides guidance on support formula

The divorce process is often exceedingly complex. However, the family law courts aim to be as predictable and fair as possible. A New York court of appeals ruled in broad favor of these goals earlier this month.

The court determined that the strict criteria for temporary child support and spousal support payments outlined in a 2010 state law must be upheld. The 2010 law mandates that a certain formula must be used when calculating these payments. If a judge wishes to deviate from this formula, he or she must adhere to the conditions and criteria set out in the text of the law.

Help with finance-related divorce paperwork: Part II

Earlier this week, we discussed why it is critically important to accurately complete New York's Statement of Net Worth paperwork when pursuing a divorce. The financial affidavit process can seem daunting. However, there is a helpful tool that you can use to assist you in completing these important forms.

Given that this paperwork will affect every aspect of your divorce settlement, investing in a "Lifestyle Analysis" may be a worthwhile pursuit. This analysis outlines and verifies what the marriage's finances consisted of.

Help with finance-related divorce paperwork: Part I

When couples divorce in New York, part of the procedure usually entails completion of a Statement of Net Worth. This document is often referred to as a financial affidavit. Though this paperwork may look like "just another set of forms," it is actually a critically important element of your divorce process.

Why should you pay careful attention to your Statement of Net Worth? Because, the information it contains will likely affect nearly every aspect of your divorce settlement.

Judge grants New York's first contested no-fault divorce

New York's first contested no-fault divorce has been granted, under the no-fault divorce laws that took effect in late 2010. At that time, New York became the last of the 50 states to permit no-fault divorce.

The woman who filed the petition had been married to her husband for over 50 years. She claimed that their marriage was "irretrievably broken" in her divorce filing. But the husband argued that the couple should stay married, insisting that he had worked for everything they owned together as a couple and that he did not want to lose any of their mutual property due to divorce. He also argued that his wife was being urged to divorce by two of the couple's four children.

Divorce: what's love got to do with it?

Valentine's Day is coming up next week. For some Buffalo residents this will mean a romantic evening with their spouse or significant other. For others, it will be a painful reminder of a lost love or a failing marriage.

In some situations, Valentine's Day could even be a trigger for divorce. If you are in this latter category, you may be asking yourself what went wrong. How could you be getting divorced if you still feel love for one another?

Parenting during and after divorce

When a divorcing couple shares children, the people most affected by the divorce may ultimately be the kids. The strain of divorce can damage the relationship between parents and children, unless parents work to ease the emotional burden being placed on their kids.

Sometimes, a child's anger, frustration, fear, neediness or distance from a parent can seem disproportionate to the situation or out of control. The challenging fact is that children and teens are just learning how to manage emotional stress. It is a parent's responsibility to connect with children and help them cope.

Man loses both his house and spaceship in divorce

It used to be considered a "win" for whichever spouse got to keep the house after a divorce. But we have previously written that the mortgage/foreclosure crisis of the past several years has changed peoples' attitudes in this respect.

Now, more divorcing couples in Buffalo and around the country are actually fighting over who has to take the home rather than who gets to keep it. Of course, even if the home is rapidly depreciating in monetary value, there are some divorcees who have put so much work and personality into their property that they desperately want to hold onto it.

Toxic nagging seen as major trigger of divorce

If communication is indeed the foundation of marriage, then breakdowns in healthy communication can lead to the destruction of this union. Recent research has confirmed that one of the most toxic forms of interaction within a relationship is nagging. A co-director of the Center for Marital and Family Studies recently put it best: "Nagging is the enemy of love, if allowed to persist."

Experts have explained that people often feel the need to nag when they perceive that they are unlikely to receive what they need from their partner. They feel that they must ask repeatedly in order to have a chance to receive what is desired. Unfortunately, persistent nagging has been described as the kind of toxic dynamic which can spell the end of a relationship. In the context of marriage, persistent nagging can be the type of deal-breaker that inspires couples to divorce.

Deal breakers may inspire divorce

It is often said that no one can truly understand what occurs in a marriage other than the spouses themselves. The truth of this statement was reinforced by the recent announcement that "fairy tale" couple Heidi Klum and Seal is seeking a divorce.

Klum and Seal are known partially for the romance which seemed to characterize their relationship. They renewed their wedding vows annually and consistently displayed a great amount of affection for each other in public. However, this seemingly ideal union was apparently fraught with intense negative emotion.

Parts of New York face slow divorce turnaround

In January, people seek the freeing feeling of a fresh start. Unfortunately, those attempting a new beginning in some parts of New York may have to wait a little longer than usual.

Various factors are contributing to increased lag time in Staten Island's divorce courts. Layoffs and budgetary cuts, as well as the current economic outlook are all issues which are presently affecting turnaround time for divorce cases.

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Keith B. Schulefand, ESQ | No Fault Divorce

Keith B. Schulefand, ESQ | No Fault Divorce

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Keith B. Schulefand, ESQ.
Attorney and Counselor at Law

1301 N Forest Road
Suite 2
Williamsville, NY 14221-3277
Local: 716-568-4453
Toll free: 888-499-1552
Fax: 716-565-1575
E-Mail Mr. Schulefand
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