Patrick M. Noe, Jr., Attorney at Law

Patrick M. Noe, Jr. Attorney at Law

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Williamsville New York Family Law Blog

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.

Divorce is nothing personal

One common mistake in contentious divorces in New York that help set the tone and pace of the process is making it personal. It is not easy to sever feelings and memories created throughout a relationship, especially if there are children, pets, businesses and real estate involved. 

The time for making emotionally driven decisions and dealing with unresolved feelings is not at the divorce table. To overcome hot issues that could cause a stalemate or raise unexpected reactions, it is a good idea to treat everything as a business transaction. People make and break promises all the time. Even if the decision to end the relationship is a mutual one, not everyone reacts to the circumstances the same way. Here are some tips to help prevent emotionally driven decisions in divorce. 

Understanding equitable division in a New York divorce

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. 

The process of relocating with a child after divorce

When a married couple decides to separate, one of the most contentious issues that will come up involves child custody and support. The parents may reach an initial agreement that provides both of them with sufficient time with the child, but after several years, one parent decides to relocate.

New York has strict laws concerning relocation. The parent wanting to move will need to seek permission from the other parent to still see the child after moving and seek a modification in the child custody agreement with a court in parents' jurisdiction. It is important to continue following the original court order until the matter reaches legal resolution.

Handheld device laws in New York

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.
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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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