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Buffalo Divorce Law Blog

Divorce becoming more common among people over 50

People get divorced for a wide variety of reasons in New York. Some people simply have irreconcilable differences, while others have been cheated on and thus want to dissolve their marriages for good. For older individuals, among whom divorce is becoming more prominent today, one of the main reasons for getting divorced is that two people have simply grown apart.

Whether educated or uneducated, more and more people 50 and above are pursuing divorce. It may seem peculiar that people who have gotten used to living together for so long would suddenly want to call it quits. However, for many couples, it's the best time to get divorced because they don't have young kids to worry about fighting over in a child custody battle.

Child custody battles can be source of stress for children

Navigating the twists and turns of a divorce can certainly feel like a roller coaster ride for adults, and it can feel like this even more so for the kids. A child's psychological needs especially increase if he or she is caught in a child custody battle between the parents. It is imperative that children of divorce in New York have several specific emotional needs met during this potential tumultuous time.

First, children must feel that they are accepted. This is especially the case if the children are quite young. Children typically blame themselves for their parents' divorce, so it is important for parents to reassure them that they were not at fault and that they remain a priority in both parents' lives.

Divorce can be harmonious, have a positive outcome

A New York divorce can be an unnerving and stressful experience. This is especially the case if the two parties are at odds about how their assets should be split, including who should keep the family house. Some tips may help the couple to experience the most peaceful and personally favorable divorce possible in our state.

Although the two divorcing individuals may feel hurt, it's best not to use these feelings of hurt to attack one another. Instead, it may be beneficial to resolve these feelings through therapy. Bad-mouthing each other typically only makes the divorce situation worse, and it's especially unwise to do this where the children can hear what is being said.

Award of alimony is based on several factors in New York

The idea of getting divorced may cause a person to feel panicked about his or her future. Not only may the person have to adjust to life as a single person going forward, but he or she may also be concerned about his or her financial situation. Alimony, or spousal support, may help the individual to quiet his or her financial fears in New York.

It's important to note that not all former spouses receive alimony. Alimony is awarded only if previous spouses cannot meet their needs without having financial help from spouses who are financially capable of paying it. Alimony can be temporary if a previous spouse needs a little time to return to the modern job market, raise kids or complete college.

Complex child support issues may require assistance to resolve

New York, like all other states, has specific guidelines for setting child support payments. For some, the state minimum may be an adequate amount to meet the financial needs of the child. However, every family's needs and financial situations are different. If desired, child support arrangements can be negotiated beyond state standards to accommodate these different situations.

A lot of factors are often overlooked when determining child support payments. Instead of focusing on actual needs or expenses, state requirements generally set a dollar amount based on income and the number of children in the family. This number doesn't account for incomes higher than $80,000 per year and typically doesn't set specific provisions for things such as day care, college funds or any special medical or educational needs.

Pet parenting plan may be helpful following divorce

The pet that was able to bring the family together may, in some cases, be the pet that drives two divorcing people further apart in New York. Just as the parents may fight over who will keep the children following their split-up, the parents might also be in disagreement over who has the right to keep their furry friend. One way to approach this kind of dispute during a divorce in New York is to come up with a well-thought-out pet parenting plan.

Pets aren't given the rights that children are given since they are deemed property from a legal point of view. As a result, pet custody isn't an option. However, the two parents may decide on which parent will cover vet bills and who will assume responsibility for traveling to handle visitations. They can also agree to a time and date for regular visitations.

People getting a divorce may benefit from financial tips

Divorce can be an emotional shock to a person's system, as one must get used to being single again. However, it can also be a financial shock, as the person now has to adjust to living on his or her own income rather than relying on a spouse for support. A few tips may help people in New York to make wise financial moves following a divorce.

First, even if the individual has a tiny salary, this does not mean he or she cannot build a strong nest egg for retirement. The person may benefit from putting as much money as possible in a retirement account such as a traditional IRA. A Roth IRA is also a beneficial option because it allows people to pay contribution-related taxes at lower rates now, rather than at a future time when higher-paying jobs might push them into higher tax brackets.

Artwork can spark battles during divorce in New York

Divorce is often viewed as an unpleasant experience in New York because the two married parties are at odds when it comes to dividing their assets. Some of the biggest assets that must be addressed include the family house, cars and bank funds. However, when an estate is large, one of the biggest divorce proceeding fights may involve the artwork.

The reason that artwork can spark some of the most heated divorce disputes is because of the emotional ties to art that may outweigh the couple's financial considerations. This is why divvying up a valued sculpture or painting often takes longer than dividing other assets. One way to decide which spouse gets which pieces of art equitably and amicably is to create an inventory.

Debt must be addressed during New York divorce

Divorce often feels like a huge battle, with two spouses going toe-to-toe on matters such as how to divide their assets and who will end up with the family home. It's important that a divorcing individual in New York understand how to protect his or her own financial interests. A few tips can help people going through a divorce to fight for what is best for themselves long-term.

First, it's wise to cancel all joint expenses. For instance, people can remove their names from all joint utilities and credit cards. This prevents an ex from running up bills for which the other has to end up paying. It's worth noting that some creditors will allow people to do this, while others might not.

Collecting financial information is important step during divorce

When people finally decide to go through with a divorce, they may quickly become overwhelmed by all of the tasks they must complete. These include determining how to divide shared property and how to distribute assets. The first step in making sure that these matters are handled in the most personally beneficial way during a divorce is to collect important pieces of financial information in New York.

Financial advisers and personal accountants are a good place to start for getting a hold of financial information that exists for a couple. If a married couple has traditionally kept important papers in a certain area of the house, it's also wise to begin searching there for essential documents. It might further be necessary to contact insurance companies about the documents they have pertaining to oneself and one's spouse.

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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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