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Buffalo Divorce Law Blog

Divorce can affect holiday plans with children

Divorce can be challenging to cope with both emotionally and financially in any season. However, it may be even more difficult during the holidays, particularly when one's kids are scheduled to spend time with the other parent on Thanksgiving or Christmas in New York. A few tips can help parents going through divorce to cope with the anxiety and stress that this type of family law proceeding can cause.

It can be helpful to have two celebrations for the kids every Christmas -- one at the ex's home and the other at one's own home, even if one parent has to have the celebration on a day other than Christmas Day. In this way, both parents can build their own holiday traditions and not have to feel like they are missing out on enjoying the holidays with their shared children. If two exes are able to get along, they may consider having a joint celebration so that neither parent loses time with the kids on a holiday.

Divorce can have harsh financial repercussions for older couples

Divorce can be a traumatic experience for couples, both emotionally and financially. For New York couples who are over 50, the financial trauma can be much more damaging than the emotional trauma. Luckily, there are several ways that spouses can protect their finances from taking hits after their divorce is finalized. 

One spouse may desire to keep certain assets because of emotional ties. This is especially common when it comes to the family home. However, one should not allow emotions to drive one's decision making. Instead, decisions about the division of assets will likely be most beneficial if they are made logically rather than emotionally. To ensure that logic reigns over the process, some couples choose to have a mediator assist them with discussions concerning property division.

Co-parenting agreement may help to solve child custody dispute

When people are going through a divorce, they may understandably be fearful of losing their kids to the other party. This is why child custody disputes can become so heated for couples in New York. An intentional co-parenting agreement can help to alleviate the stress and hard feelings that often accompany child custody battles.

With intentional co-parenting, both parents agree to share the responsibilities associated with rearing and parenting the kids. This is helpful not only for the parents' well-being but also the children's well-being. Even if the two parents don't wish to remain romantically involved with one another, they can still treat their relationship like a business one, focusing primarily on the children's best interests.

Cooperation with an ex may lead to peaceful New York divorce

Sometimes, two married individuals simply can't get along, and they end up having to get divorced. If they're not careful, the arguing and bickering that may have led to the decision to end the marriage may continue throughout the divorce proceeding, thus causing more stress for the pair. A couple of tips can help those New Yorkers facing these issues to experience an amicable divorce.

First, it is preferable that the two spouses attempt to respect one another. They may not like each other anymore, but each may benefit by treating the other party as he or she would want to be treated. In addition, although a soon-to-be-ex may have not done everything correctly in one's eyes, that individual might have done some things well. It may be useful to start by focusing on these positive things.

Keeping divorce private is possible in New York

Getting divorced can be emotionally difficult to deal with behind closed doors. However, when one's divorce is brought before the eyes of the public, this can make the ordeal even worse. A few tips can help people to go through this family law process in as private a manner as possible in New York.

When a divorce is filed, the couple's public record becomes open in the state's family law system. This file is accessible to anybody. However, it is possible for a divorcing couple to form a confidentiality agreement, which will allow minimal documentation to be filed and thus be available for the public to view. This means that all agreements reached during the divorce in relation to child sharing, custody and support will be written down but will not be accessible to the public. Confidential divorces are ideal for celebrities, but people don't need to be celebrities to benefit from them.

Postnup or prenup can help during a divorce in New York

Getting married is a big commitment that can naturally make a person nervous. However, walking down the aisle is often a little easier when a person knows that his or her valuable assets, including an inheritance, will remain secure in the event that a divorce ends up taking place. A prenuptial or postnuptial agreement can help a person to shield such assets in New York.

A wide range of assets can be addressed in postnup and prenup agreements, such as rare art collections, property, money and inherited businesses. Even an antique stamp collection can be protected through this type of contract. A postnup or prenup may even be able to state that both spouses will forgo their rights to any major gifts or inheritances that were provided to the other party either before the marriage or during the marriage.

Taxes, insurance, important matters related to divorce

A divorce has a way of forcing a person to quickly make life-changing decisions and learn financial topics that he or she may have never had to explore before. It can understandably be overwhelming to tackle divorce issues such as property division and asset distribution in New York. However, a few tips may help people to more confidently deal with monetary matters during and after divorce.

First, following divorce, a person will likely have to file his or her tax returns as a single person. The parent with child custody may choose a "head of household" filing. It's important to note that, depending on which spouse keeps certain assets -- such as investment accounts or the family home -- any tax breaks that an individual may qualify for might change following divorce. In addition, only one of the two spouses can claim credits related to the children following a divorce. Understanding all new Internal Revenue Service tax rules can help people to file their taxes correctly post-divorce.

Divorce requires preparation and patience in New York

A divorce is like a marathon. It can seem to drag on until you finally get to the finished line, and the process can naturally be exhausting. A few tips can help individuals in New York to navigate the divorce process in a way that will help them to be in a better emotional and financial position in the end.

First, it is wise to come up with a plan that addresses a divorce's financial complexities. This involves creating a financial affidavit, which provides a glimpse of one's current financial situation, including all expenses, income, debts and assets. It's best for two divorcing spouses to cooperate in gathering this information, which may be challenging at times.

Asset division can be complex during divorce

Uncertainty and insecurity are normal feelings to experience during a divorce. People getting divorced may be most worried about how well they can stay afloat financially on their own going forward. A major debate that most couples have during a divorce is how to divide their shared property.

A divorce that is uncontested can rapidly become a battleground due a property division dispute. New York is an equitable distribution state, so marital assets are split in a way that a judge deems equitable. This doesn't necessarily mean the split will be 50-50. It simply means that both sides will maintain property that equals the same value.

Divorce negotiation can be easier than trial

When people get divorced, they often anticipate that the process will be an all-out war with their spouses. However, it doesn't always have to be this way. In reality, over 90 percent of divorce cases are settled before couples even have to go to trial in New York.

Going through the divorce litigation process can be emotional and stressful. This is why resolving divorce issues without court intrusion is typically preferred. Those who are affluent may especially benefit from avoiding a court trial, as they have large amounts of money that they could lose in an unfavorable divorce proceeding settlement.

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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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