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White Plains Divorce Law Blog

Who makes the final decisions in a divorce mediation?

During a marriage in New York, couples will have disagreements about various issues that arise or simply get on each other's nerves from time to time. The couples usually are able to work through these disagreements, but that is not always the cases and many couples go through divorces each year. The divorce usually results in even more disagreements about how the couple will divide their assets, decide custody and visitation with their children, determine child support and other issues.

Couples going through divorces have different options on how to resolve these disagreements. They could present their side to a judge and have the judge make all the decisions. They could use the collaborative divorce process and work with attorneys to try and reach agreements. They could also use divorce mediation. This is a process in which the couple would meet with a third-party neutral mediator who will facilitate discussions between the couple and will guide them through the various issues that must be resolved.

Large inheritances can be kept separate in divorces

Throughout people's lives in New York they acquire various assets. Many of these assets come from what they earn through their incomes. So, the more people earn often times it means they will have more assets. These assets are more than just physical items they purchase or real property they buy. Assets also include bank accounts, investment accounts, retirement accounts, businesses and other types of assets.

If the person who acquires these assets is married, then they share these assets with their spouse. This means that they must split the assets if they ever divorce. Almost anything acquired during a marriage is considered marital property and each spouse has an equal claim to it regardless of who earned the money or bought the assets. However, there are certain assets that people may acquire during a marriage that will remain separate property despite the fact that it was obtained during it.

Do children have input in child custody determinations?

Parents in New York have to make many decisions for their children as they raise them. Early in children's lives parents make almost every decision for them and, slowly, as they grow older and mature, the children can make more of their own decisions. However, until the children are 18 years old generally the parents still have the final say on most major decisions. This is true whether parents are married or divorced, but if the parents are divorced which parent will have custody and decision-making authority for the children needs to be determined.

Child custody decisions are very complicated decisions that involve analyzing many different aspects of both the parents and the children's lives. The courts will need to determine which parent was the primary caretaker of the children. They will also analyze the children's needs and which parent can best provide for those needs. Each parent's mental and physical health will be analyzed to determine if they are fit to provide for the children. Courts will also look at whether there has been domestic abuse between the parents or involving the children and other factors.

Paternity is required before receiving child support

Children in New York are born into different types of families. However, one thing is easy to determine at the time of a child's birth and that is the child's mother. Determining the child's father can be more difficult though as that is not immediately clear. There are different processes for doing this depending on the relationship of the parents. There is one process for determining paternity if the parents are married and a different one if the parents are unmarried at the time of the birth.

If the parents are married at the time of the birth, paternity is automatically established. However, if the parents are unmarried the parents must establish paternity one of two ways. One is by signing an acknowledgement of paternity, which is a legal document that both parents sign stating the father is in fact the father of the child. The other option is going through a court process and eventually having paternity testing completed to establish the man is the father.

The main differences between mediation and collaborative divorce

There are many divorce cases each year in New York and each one is unique. Everyone's lives are different and so it follows that when people separate their lives through a divorce, the outcomes will also be different. Also, how people reach the final outcomes of their divorces differ as well. People can work out their differences on their own, they could use divorce mediation or the collaborative divorce process or people can litigate their differences and have a judge decide the outcome after a trial.

Many divorces are settled before trial and one of the main ways people are able to accomplish this is through divorce mediation. However, there is another process that is available for people as well and that is the collaborative divorce process. Both involve the couple working through their differences and reaching agreements on their own, but the process of how they reach those agreements is different.

High profile New York divorce case officially ends

Many people may have been aware that the President's son, Donald Trump, Jr., has recently been going through a divorce from his wife of 13 years. According to recent reports, the case is now complete and the couple is officially divorced. The details of the settlement are unknown, as the case was sealed. However, the couple did state that they will be raising their five children together. While the financial details of the divorce are unknown, they must have taken time dividing their many assets.

Trump Jr. and his wife likely had to go through the process of making determinations regarding child custody, child support, asset division, spousal maintenance and other issues associated with a divorce, just like other couples going through a divorce. While the couple may have had disagreements about who will have custody of their five children and determining a visitation schedule, this couple probably had added complications that many couples do not have due to the large amount of assets they own.

Can custodial parents move out of state with their children?

Being a parent can be complicated. This is especially true if a person is no longer with the other parent and there are child custody orders in place to govern relationships with the children.

When it comes to moving, there are a number of reasons that parents want to move, such as a job and to be closer to other family members. However, even custodial parents who have the children the majority of the time cannot simply move if the other parent has visitation with the children. This is because they cannot violate child custody orders. So, if they want to move out of state and it will affect the visitation rights of the other parent, they must modify the order first.

Calculating child support when a parent voluntarily quits a job

It is fairly common for parents in New York to not be together. This could be because they are divorced or because they were never married and ended their relationship. However, just because the relationship between the parents ended it does not mean that the parents' relationship with their children ends. They will always be their children's parents no matter how much they may not like the other parent. Being a parent includes providing love, affection and guidance and providing for the children's financial needs.

Parents may be reluctant to do this though, especially if they do not see their children as often as they would like or simply are upset with the other parent. However, it is important that both parents are contributing to the children's needs and therefore in most cases one parent will be ordered to pay child support to the other parent. There is a basic formula to determine how much a parent will be required to pay, but there are two main factors - the parents' income and how many children they have together.

What happens when people reach agreements at divorce mediation?

It is very common for couples to have disagreements during a marriage about many different things. People resolve them very differently though and sometimes couples are not able to resolve them at all. When they are not able to resolve them often times that leads to a divorce. Just like there are many ways to resolve disagreements during the marriage there are also different ways to resolve a divorce. The couple could litigate the divorce, utilize the collaborative divorce process or use divorce mediation to reach agreements.

Litigation involves trials and presenting evidence to a judge who then makes decisions for the couple. Collaborative divorce is a process where the couple decides to work together to reach agreements and agree to not use the court process at all. Divorce mediation involves the couple meeting with a third-party neutral mediator who helps the couple negotiate and hopefully reach agreements. However, one thing is true for all options, a judge needs to sign an order to make the divorce official.

Getting through the complexities of a high-asset divorce

Every marriage is unique, which means that every divorce is unique as well. Many divorces will deal with similar issues, such as child custody and visitation, child support, alimony and asset division, but the final determination for each issue depends on the circumstances of each divorce. Children have different needs and parents have different schedules, and the main factor that affects the financial aspects of a divorce is the wealth of the couple.

High-asset divorces are oftentimes much more complicated than divorces for couples with fewer assets. Not only are their more assets to divide, but the types of assets can be complicated to divide as well. Usually, this is because the couple needs to first value the assets, which can include multiple properties, various bank accounts, investments, retirement accounts, collectables and many other assets. So, the couple may need to utilize professionals, such as forensic accountants, business appraisers and people to determine the value of collectibles.

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