Williamsville, New York, Legal Blog

If, like many others in New York State, you signed a prenuptial agreement, you may wonder about its implications for your divorce. Prenuptial agreements may contain provisions governing spousal maintenance, property distribution and other issues, which may differ from how a court would decide based on New York law. Courts cannot eliminate or reduce child support or require either party to go against the law.

Sometimes, people may want to know whether they can challenge the prenup or a particular provision in it. While courts usually favor upholding a written document signed by both parties, they will also consider evidence that goes the other way.

When a married couple decides that they are better off alone, the process of separating two lives that have been merged together can be tedious and strenuous.

To ensure that the parties receive a fair split, it is important to understand the different elements of a New York divorce. One key element of the process is equitable division. 

Cellphones, tablets and other mobile devices have become such a large part of our lives now that most people cannot imagine being without them. For many people in New York and elsewhere, this means using their phones while they are driving. It is important for you to understand the consequences you can face for using a mobile device behind the wheel.

The National Highway Traffic Safety Administration states that 3,450 people across the United States died in 2016 in distracted driving accidents. As you are probably aware, cellphones pose one of the greatest distracted driving risks, especially for teenagers and young adults. Many young people are unaware of the impact that texting or checking social media can have on driving. The following points illustrate New York’s handheld device laws:

• Drivers may not use a handheld device while driving, including talking on the phone, but they are allowed to use a hands-free cellphone.
• Sending and reading text messages, checking email, playing games, taking pictures and other activities are also banned while driving.
• Commercial drivers must not use a handheld device even when their vehicles are temporarily stopped, such as at a red light or in heavy traffic.
• Commercial drivers may use a hands-free device as long as no more than one button is pushed to use the device.
• Violators of cellphone driving laws may face a traffic ticket, fines, points on their driving record and possible suspension of their driver’s license.
• Drivers with learner’s permits will lose their license for 120 days their first time with a cellphone driving violation, and will lose their license for at least one year on the second offense.

One challenge that you may encounter while divorcing your spouse in New York is protecting your kids. You are already aware of how beneficial it can be for children to grow up with both parents in a single home. But what you may not know is that there are circumstances where divorce can be beneficial for them. 

You may have worked hard to save your relationship. All marriages are not meant to last. It is up to you to recognize when it may be time for you to leave your partner and move on to protect you and your children’s overall well-being. Here are some reasons why divorce can be healthy for children.