Patrick M. Noe, Jr., Attorney at Law

Patrick M. Noe, Jr. Attorney at Law

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Williamsville New York Family Law Blog

Both sides must play by the rules in divorce

Like most New York parents, one of your highest priorities in life is your children's best interests. This became a central focus when you decided to divorce. The good news is that most kids are adaptable, and with love and support from both parents, they can come to terms with the situation and move on. However, you may not be able to resolve other types of problem issues as easily. For instance, what if you suspect your spouse is not being forthright when it comes to marital assets?

New York is an equitable property state, which means the judge overseeing your divorce will determine a fair split of all property, assets and liabilities that you acquired during marriage. Such division can only be fair if both parties are being honest about what they own. If you think your spouse isn't, you'll want to investigate and perhaps seek the court's intervention.

Child custody options after a divorce

When New York parents divorce, the single most important thing they can do is work out a parenting plan that focuses on what's best for the kids. That often means that the couple needs to be mature enough to let the best interests of the children supersede the personal conflicts between the two spouses. If they do that, they can ensure that the children continue to have healthy relationships with both of their parents as well as with their extended families on both sides.

The parenting plan should address the form of child custody called physical custody, also called residential custody. Physical custody deals with where the children will live and for what periods of each week or month.

Many things affect alimony awards

When New York couples who were once in love decide to end their marriage, there's more at stake than just their shattered personal relationship. The division of the property and money they have is also a major factor to resolve. One part of that resolution is deciding who gets the house, who gets the cars and who gets the stock portfolio and the money in the bank.

Additionally, there may be an award of spousal support, also referred to as alimony or maintenance. Temporary maintenance, essentially payments to cover the lesser-earning person's living expenses, are often awarded when the two former marital partners part ways but have not yet finalized their divorce. That temporary maintenance can be a way of making sure that the lesser-earning person is all right during the period between the separation and the divorce.

Joint custody can work with the right steps

Divorce can be arduous, with two people who took solemn vows to be partners for life becoming adversaries instead. However, even if there are issues to work out over property and money, the most important area in which the two people should work things out is the arrangements for the care of their children. That is especially true if, by mutual agreement or court order, they are going to have joint custody of the children. Joint custody can work out very well if both parents commit to making that happen.

One of the keys to joint custody success is communication. Both parents have to keep track of their children's schedules and know where their children are, who they are with and what they are doing at all times. The parents also need to let each other know about any problems that their children have, including physical, social and personal problems.

Property division is based on many factors

When people marry, they want love and romance. When people divorce, they want money and stuff. Due to the latter fact, there are laws governing property division between divorcing couples.

Property division, also called equitable distribution in New York, is a process of dividing the rights and obligations pertaining to marital property between a divorcing husband and wife. The husband and wife can come to an agreement about their property via a property settlement or, if they disagree, they can go to court and have a judge decide what to do with the property.

Will getting a divorce affect my credit score?

The end of a marriage can be a stressful event, even when it is the best thing for all parties involved. Both spouses have to make several choices that can have a significant impact on multiple parts of their lives. Some of those impacts are quite obvious, such as child custody matters, but others may be unexpected.

Though most people realize that their personal finances may be altered by divorce, they're probably thinking about assets or property. However, did you know that divorce can affect your credit score? It's not a direct influence – you don't lose points simply because you're divorced – but the overall changes to your finances can, in turn, negatively affect your credit score. Fortunately, experts have advice for anyone considering divorce here in New York or elsewhere that can help minimize the impact on a person's credit score.

Why spying on your spouse during a New York divorce is a bad idea

Technology often plays a part in modern divorces -- but there are limits to how it should be used if you don't want to get yourself in trouble.

According to statistics, Facebook posts end up being used as evidence in 66% of all divorces. Knowing something like that, it's easy to understand why someone might be tempted to dig a little deeper into their spouse's private business during a divorce, using whatever electronic means necessary.

Don’t Forget Taxes in Your Divorce Negotiations

 

It is easy to overlook the long-term tax implications of decisions made in divorce. Parties are typically focused on the immediate issues of property division, spousal support, and child custody and support. Yet the legal result of divorce is a transition to a new lifestyle. In our firm’s opinion, seeing the big picture is just part of providing comprehensive advocacy to our clients.

How to win sole custody

Getting a divorce is one of the most tumultuous moments of your life. Not only are you ending a relationship with your spouse, but you must deal with custody of your children. If you believe the other parent is unfit to have joint custody-or even any visitation at all-you are likely facing a lot of stress. 

Your prenuptial agreement and your divorce

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.

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Patrick M. Noe, Jr.
1301 North Forest Road, Suite 2
Williamsville, NY 14221

Phone: 716-803-8741
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