Three Signs You Need a Family Law Attorney

Dealing with family law issues can be daunting, especially if you do not have any representation. There are quite a few legal matters in family law you should never try to tackle on your own. This is why you should hire a family law attorney in NY.

Your Spouse Files for Divorce

One of the first signs that you need a family law attorney is that your spouse has filed for divorce or is threatening to file for divorce. This is definitely one legal matter you should never handle on your own. You should also not let your spouse talk you into using their lawyer for the proceedings either. You need to hire your own family law attorney to deal with divorce.

Your Fiancée Asks For a Prenuptial Agreement

If a request has been made for a prenuptial agreement by your fiancée prior to marriage, this is definitely a sign that you need a family law attorney. This is not a document you can draft on your own and hope it works if it is ever needed.

If Children Are Involved

In what is associated with the first sign discussed in this post, if children are involved in your marriage and divorce is imminent, you will need a family law attorney. Custody battles can become fierce during a divorce and only a lawyer will be able to help you navigate the rough waters of a custody battle.

As you can see, there are three major reasons why you might need a family law attorney. This is not an exhaustive list, so be sure to monitor your situation and hire an attorney as needed.

Four Things That Might Jeopardize Your Prenuptial Agreement

A prenuptial agreement is a good planning document, but it is only valuable if it is valid.  In order to ensure that your Westchester County prenuptial agreement is valid, you will need to have it reviewed in full by a legal professional.  Here are the four most common reasons that a prenuptial agreement might be considered null and void.

Fraudulent Agreements

Each spouse is required to provide full disclosure of assets in a Westchester County prenuptial agreement.  If one spouse discovered that the other hid assets, the first spouse may be eligible to argue that the agreement should be thrown out.

Improper Paperwork Filing

The enforceability of a prenuptial agreement can come down to seemingly small details.  Careless or overlooked errors might mean that the agreement is less airtight than you expected.  If it was not drafted and filed properly, the agreement can be rendered invalid.

Signed Sans Legal Representation

Both parties signing a prenup should have their own legal counsel.  It is never a good idea to sign any legal documents without having an attorney review it.

The Agreement is Considered Unfair

If your Westchester County prenuptial agreement has ludicrous provisions inside or is determined to be too unfair, there may be a chance of invalidating it down the road.  This is especially true of agreements that include statements regarding claims that no child support will be paid or provisions about weight gain or hair color.

All of these mistakes can be avoided by going over the document carefully under the guidance of an experienced professional.  It can be surprising and confusing to have a prenuptial agreement thrown out, so do your due diligence.

What are the Difference Between a Post-Nuptial Agreement and a Separation Agreement?

These agreements in Rockland County might end up serving similar purposes, but they are different largely based on the time in which they are used.  To understand which one might work for you, learn about the differences between these three documents.

A post-nuptial agreement is similar to a prenuptial agreement, the primary difference being that a post-nuptial agreement is made while the parties are still married.  The couple might still have a healthy relationship but be interested in getting some clarity on property that would remain separate.   Resolution of key issues in a binding document can help a healthy marriage continue to stay strong.   Sometimes a post-nuptial agreement is made to provide a guarantee that both spouses remain on the health care plan of one spouse if the marriage ends.

A separation agreement in Rockland County, however, is different.  These agreements should contain decisions related to all areas marriage dissolution such as child support, child custody, maintenance, and property division.  If these issues are agreed upon through a separation agreement, usually the divorce can be uncontested if and when the parties decide to file.  A couple will still need to file for divorce before the actual uncontested divorce package can be submitted to the local court, however.   Addressing these concerns in a separation agreement can help expedite the divorce process, if it comes to that.

While both documents have their differences, both can be helpful for addressing possible divorce issues ahead of time.  This gives both parties peace of mind about what to expect if the marriage does eventually dissolve.

Does Party Conduct Influence Equitable Division of Property in NY?

Since New York is an equitable distribution state, the assets of the parties will be divided up “equitably”.   This is done with the concept of considering what the parties contributed towards the marriage.  One of the most important aspects of determining equitable division in New York has to do with determining all of the property linked to the marriage first.  Since property division sets the tone for the future, more often than not parties to a divorce are curious about what will influence the final decision.

In general, misconduct that could be classified as “ordinary” does not influence how marital property is divided up in the courts.  In the event that one party attempts to hide assets to protect them from being divided, the court does have some leeway if this secrecy is uncovered.  The trial court may even decide that NY equitable division in these cases involves giving all of the concealed funds or assets to the other spouse.

If assets have been dissipated in other ways, the court has the authority to rule in a manner that is determined to “fairly compensate” for the dissipation.  This might include situations where a party has caused the other party to sustain a permanent disability or money that has been spent on gambling or drugs.

In short, you need to consult with someone who is experienced in the process of equitable division in NY to determine how property could be divided in your case.  While general misconduct does not influence property awards often, there are exceptions.

What if My Uncontested Divorce Becomes Contested?

Some couples planning to get a divorce in New City, NY intend to pursue an uncontested divorce.  It does happen sometimes, however, that planning to settle quickly does not work out.  There are many reasons why this can happen, but it can be a surprise to learn that the approach you thought you’d be able to take is no longer on the table.

Perhaps your former spouse spoke to friends and family and determined that a contested divorce was a better option.  If you were planning to move forward with terms of agreement you had already reached and your spouse announces a change in plans, you need to educate yourself as quickly as possible about your next steps.

During the process of a divorce, there are numerous issues that must be decided before you can move forward with your life.  These are related to property division, child custody and visitation, and alimony.   Even if you and your spouse thought these issues could be resolved simply, plans and perceptions may change.  The most important thing you can do to protect your interests whether you are involved in a contested or uncontested divorce is to retain legal counsel at the outset.

An experienced professional in your corner can advise you of the specific next steps to take if your divorce elevates from uncontested to contested.   You may need to reconsider your approach and prepare yourself for what the other spouse is likely to ask for.  You will want to brush up on the factors that judges consider in determining final divorce arrangements, too.   An alteration in plans for your divorce can be jarring, but you can help things by educating yourself and preparing for a contested divorce.

Most Common Dilemmas in Child Custody Mediation

Child custody issues are frequently some of the most contentious and complex involved in any divorce.  In order to succeed in mediation, you must be willing to listen to the other side and be open-minded.  Depending on the dynamics of your relationship, several common dilemmas can really throw a wrench into negotiations.  Be aware of issues and ensure that you choose with comfortable in helping you work through complex challenges.

One of the biggest challenges that can erupt during child custody mediation has to do with one or both parties pursuing a new relationship area whether it’s moving to continue a new relationship or getting married again, this can often inflame old emotions very quickly.  This is especially true when the other parent is concerned about his or her ability to maintain a relationship with any children.

Another common issue has to do with having one home base for the child and one or more parents being concerned about establishing stability and uniformity in each house.  While a troubled marriage certainly isn’t the most positive atmosphere for parenting children, it can be just as difficult to adjust to maintaining two separate households with different rules.  To the extent that you are able, compromise with the other spouse about what rules you would like to be consistent across both households.  Some of this involves a learning curve, but an experienced Suffern child custody mediator may be able to help you work through these complex issues.

Knowing ahead of time what can make conversation more difficult is helpful, but only when you have a talented mediator to help you address the concerns outright.

What Are the Essential Elements of Successful Family Law Mediation?

While each family law mediation is unique, there are several elements that can often be found in cases that have been closed successfully.  Knowing these ahead of time to help you get the most out of the White Plains family mediation process and reduce any tension or anxiety feel about working through your family law conflict.

The first common element that contributes to success has to do with the selection of the right mediator.  Regardless of the kind of family law issue you are facing, find someone who is experienced and comfortable in working with those kinds of issues.  It’s rare that a family law mediation is straightforward, but knowing common stumbling blocks and ways to work through problems is a must-have for any mediator.

Second, bring an open mind to the table.  Of course you likely feel entrenched in your beliefs or you wouldn’t be in need of mediation services to begin with, but you have to approach the process with the right mindset or you’ll struggle to succeed.  One such example is refusing to compromise at all- if the other party feels the same way you’re going to hit a stalemate very quickly.

Finally, know what kind of communication is going to work for you.  You don’t actually have to be sitting at the same table as the other party.  You can try to work things out in separate rooms by having the mediator travel back and forth between them.  Just be clear about what you think will work best during the initial mediation session.  Setting solid ground rules and guidelines during this initial session can be especially fruitful in family law mediation.

Three Rules to Follow When Hiring a Divorce Mediator

Divorce mediation is becoming increasingly popular not just in Middletown but across the state and country.  Still, it’s important to be informed so that you make the best possible decision in selecting a mediator for your case.  Follow these three tips to maximize your chances of success during divorce mediation.

Look for an expert in the field of divorce mediation.  Someone who has served as a mediator in numerous divorce cases will more likely be aware of the most common issues and how to help you navigate them.  Your divorce mediator should also be invested in helping you resolve the case outside of court in the most efficient and effective way.  To get your questions answered early, ask if the mediator is willing to work with you and your spouse during an initial divorce consultation so that you are both prepared for what to expect.

Second, look for an experienced problem solver.  There is no one pathway to successful divorce mediation in Middletown, so you need to find an individual who is capable of adapting and working through challenges without getting bogged down in them.  You may need to walk through various options before settling on a solution to a complex divorce situation, so selecting a mediator with the skills from the outset can significantly increase your chances of success.

Finally, seek a Middletown divorce mediator who is compassionate.  Even though there are important legal issues on the table during your mediation, this is also a highly personal and emotional process.  The mediator should be invested in the emotional and financial wellness of your family members.

Should I Represent Myself in a Family Law Matter?

It can seem very tempting to represent yourself when you’re headed to court for a family law issue, but you need to be aware of the risks of doing this.  While technically can represent yourself, it’s often in your best interest to retain a New York family lawyer.  More often than not, people who feel comfortable representing themselves are those who feel that they will have a relatively straightforward case in court.  What many find out is that the case can unfold and become more complex very quickly.

Laws relating to family issues in the state of New York can be very complicated.  It’s very frustrating to realize that you do not understand the nuances of the court system when you represent yourself.  Many individuals who choose to head into a family law conflict representing themselves get overwhelmed very quickly.  This is because the law is intended to be practiced by lawyers.  The best way to protect your rights and have someone advocating for you in court is to hire a New York family lawyer.  In any case, consulting directly with a lawyer can be a valuable exercise to get some grounding in the basic laws.

Many family law issues hit quite close to home, and therefore the outcome of such a case can have a significant impact on your life.  Don’t risk your outcome by making the mistake of assuming that you will be fine family and on your own.  Usually by the time you discover that you are no longer comfortable handling the issue alone, it is too late.  Instead, get help from the outset can feel confident that someone is advocating for you in court knowledgeably.

What Special Considerations Should Be Evaluated in Child Custody Mediation For Younger Children?

It can be a very emotional process to engage in New Rochelle mediation for child custody issues, but knowing what the unique needs of your children are can greatly increase the chances that your final agreement will be specifically aligned with your family’s situation.

For younger children, like those between birth and toddler ages, there are special considerations worth thinking about before you enter mediation.  Consistent schedules, for example, may benefit children in these age categories.  Bearing in mind that the guiding factor should be doing what’s best for your children, younger kids tend to adapt better when schedules are kept relatively consistent.

Imagine how much a change like a divorce is going to influence younger children.  Even if you have careful and highly-evaluated plans for what life will look like for younger children, there’s no doubt you’ll encounter some unexpected changes along the way.  This is most likely to happen when you put a parenting plan in place while the children are younger, expecting that it will continue to work throughout their childhood.  In mediation, talk about what the plan will be for addressing changes in living situations or the needs of the children.

Finally, it may be a good idea to include plans for handling emergency situations in your final agreement from mediation.  More often than not, each parent wants to be included in the notification process when a child is involved in an emergency.  Your agreement should include who will be called in these situations and when, and contact information should be shared regarding backup emergency contacts.

As with any child custody mediation, considering the best interests of the children and being open to communication are a key recipe for success in the future.