A long and protracted divorce or matrimonial litigation is a great harassment to the parties of the dispute. Without a proper plan, many people commit mistake when getting divorced and ultimately fail and suffer serious stressful situation. Many people, after decided to break the relationship enter into expensive and ugly battle and end up in hurting all involved parties, making the divorce and life more miserable.
A plan should be well laid and executed for a divorce just like anything in life. Only by knowing and planning what you exactly want, you can actually get it. First of all the amount of finance required should be decided for getting divorce. If there are any children out of the wedlock, the frequency of your visit to the children should also be decided.
Before initiating the divorce litigation, it has to be determined whether the divorce will be no-fault or uncontested or at-fault, all out battle. You should also determine when you actually want divorce. After doing this exercise you should realistically write down possessions wanted by you and any other details that are to be established in the divorce. After making the list they should be thoroughly reviewed and examined whether the items in the list are worth doing hard work or fighting litigation. You can save many hassles by merely knowing what is to be fought for and what is really worth for you to address your worries. A time line and schedule should be worked out by taking help from the calculated figure and list. An expert divorce lawyer can be contacted in case you desire divorce within a period of three months. Choosing a bad lawyer can disturb the whole divorce process.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Thursday, September 30, 2010
Wednesday, September 29, 2010
Uncontested Divorces
About 95 percent of divorces in the US are "uncontested," because the two parties are able to work out an arrangement concerning property, debt, children and support issues. When the parties can agree and present the court with a fair and equitable agreement, approval of the divorce is almost guaranteed. If the parties can’t work out their differences, divorce laws govern the fair and equitable disposition of these issues.
Divorce laws generally recognize two types of property during property division proceedings - marital property and separate property. Marital property consists of property that the spouses acquire individually or jointly during the course of marriage. Under divorce laws, separate property constitutes any property that one spouse purchased and possessed prior to the marriage and that did not substantially change in value during the course of the marriage because of the efforts of one or both spouses. Under modern divorce laws, separate property is returned to its original owner, while marital property is divided according to negotiated settlement and what the court deems equitable.
In cases involving children, divorce laws attempt to ensure the matter does not spill over into the family court system. In many jurisdictions, divorce laws require divorcing parents to submit a parenting plan spelling out each party’s rights and responsibilities.
Divorce laws also provide for the establishment of alimony, often depending on the length of the marriage and other factors. Spousal support is becoming less common, however, as more women are entering the workforce and earning their own income.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Divorce laws generally recognize two types of property during property division proceedings - marital property and separate property. Marital property consists of property that the spouses acquire individually or jointly during the course of marriage. Under divorce laws, separate property constitutes any property that one spouse purchased and possessed prior to the marriage and that did not substantially change in value during the course of the marriage because of the efforts of one or both spouses. Under modern divorce laws, separate property is returned to its original owner, while marital property is divided according to negotiated settlement and what the court deems equitable.
In cases involving children, divorce laws attempt to ensure the matter does not spill over into the family court system. In many jurisdictions, divorce laws require divorcing parents to submit a parenting plan spelling out each party’s rights and responsibilities.
Divorce laws also provide for the establishment of alimony, often depending on the length of the marriage and other factors. Spousal support is becoming less common, however, as more women are entering the workforce and earning their own income.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Monday, September 27, 2010
Fault vs No-Fault Divorces
Divorce is a painful and extremely difficult process. Knowing how divorce laws function and understanding the court’s role in a divorce can help to make this transition smoother and easier, however.
Divorce laws govern the dissolution of a marriage. Every country has its own laws regarding divorce and, in fact, divorce laws can vary from state to state or province to province within a nation. Knowing your jurisdiction’s divorce laws can keep a bad situation from becoming worse, and save you future turmoil.
In the United States, divorce laws, in general, provide two basic forms of divorce: fault based and no-fault based. However, even in some jurisdictions whose divorce laws do not require a party to claim fault of their partner, a court may still take into account the behavior of the parties when dividing property, debts, evaluating custody, and support.
Fault-based divorces can be contested and may involve allegations of collusion of the parties, connivance, or provocation by the other party.
In a no-fault divorce, the dissolution of a marriage does not require an allegation or proof of fault of either party. Forty-nine states have adopted no-fault divorce laws, with grounds for divorce including incompatibility, irreconcilable differences, and irremediable breakdown of the marriage. New York is the sole exception divorce laws there still require a proof of fault.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Divorce laws govern the dissolution of a marriage. Every country has its own laws regarding divorce and, in fact, divorce laws can vary from state to state or province to province within a nation. Knowing your jurisdiction’s divorce laws can keep a bad situation from becoming worse, and save you future turmoil.
In the United States, divorce laws, in general, provide two basic forms of divorce: fault based and no-fault based. However, even in some jurisdictions whose divorce laws do not require a party to claim fault of their partner, a court may still take into account the behavior of the parties when dividing property, debts, evaluating custody, and support.
Fault-based divorces can be contested and may involve allegations of collusion of the parties, connivance, or provocation by the other party.
In a no-fault divorce, the dissolution of a marriage does not require an allegation or proof of fault of either party. Forty-nine states have adopted no-fault divorce laws, with grounds for divorce including incompatibility, irreconcilable differences, and irremediable breakdown of the marriage. New York is the sole exception divorce laws there still require a proof of fault.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Saturday, September 25, 2010
Why Choose Collaborative Divorce?
The collaborative process can be used in cases involving:
What Are The Key Benefits Of Collaborative Family Law?
Why is the Collaborative Process A Better Way to get a Kentucky Divorce?
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
- Separation and divorce
- Custody and parenting arrangements
- Spousal support
- Child support
- Division of assets, retirement accounts and debts
- Marital and non-marital property
- Breakup of relationship of cohabiting or unmarried couples
- Premarital agreements
- Modification of post decree of court orders
What Are The Key Benefits Of Collaborative Family Law?
- The well being of your family is preserved
- The dignity and self esteem of you and your spouse are protected
- Empowerment of client
- Focus on sparing divorcing couple's children from unnecessary pain
- Eliminates battling in court and the loss of relationships that result
- A cooperative approach to solve problems creatively
- Cost effective and time efficient
- Allows both parties to move forward with their lives
Why is the Collaborative Process A Better Way to get a Kentucky Divorce?
- Full disclosure of all financial information
- Private meetings attended by the parties and their lawyers
- Jointly selected experts and advisors
- Focus on negotiation rather than confrontation and argument
- Signed Collaborative Agreement that requires everyone to work together to resolve issues and not go to Court
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Thursday, September 23, 2010
Peaceful Divorce Are Easy Divorces
Couples ending their marriages and other relationships face many challenges. These challenges exist especially in a family with children. With Collaborative Family Law couples can work toward a complete settlement that benefits everyone through an effective and efficient process. Parents must make very important decisions that will have a significant impact on their children's future. Collaborative family law provides an opportunity to positively deal with decisions and concerns.
Why Collaborative Family Law?
The personal and financial costs of litigation can be staggering. The costs, especially when measured in lost relationships and the impact on children, often outweigh the gains.
Collaborative Law is an alternative to going to Court. You and your spouse will each work with an attorney trained in the collaborative process. Through a series of meetings attended by you, your spouse and both of your attorneys, you and your spouse work together to resolve the issues in your divorce or other family matter instead of allowing a judge to make those decisions for you.
The collaborative process is for you and your spouse if you want problem solving rather than fighting; and if you want a result that is fair to both of you.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Why Collaborative Family Law?
The personal and financial costs of litigation can be staggering. The costs, especially when measured in lost relationships and the impact on children, often outweigh the gains.
Collaborative Law is an alternative to going to Court. You and your spouse will each work with an attorney trained in the collaborative process. Through a series of meetings attended by you, your spouse and both of your attorneys, you and your spouse work together to resolve the issues in your divorce or other family matter instead of allowing a judge to make those decisions for you.
The collaborative process is for you and your spouse if you want problem solving rather than fighting; and if you want a result that is fair to both of you.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Tuesday, September 21, 2010
Alimony and Sensibility
Alimony is money paid by one spouse (usually the husband) to another spouse (usually the wife) for the purposes of continuing to live after the divorce. The amount and timing of payments are set out in the divorce ruling. Here are some tips which apply mainly to the spouse who is required to make such payments.
#1 Always pay by check never by cash. The recipient spouse is not required to give a receipt so it is pointless for you to ask for one but in case there is any dispute you need a bank statement indicating if and when the check has been cleared. Keep good records. Many divorce settlement returns to court in a dispute over different matters including alimony payments. Make sure you are on solid ground.
#2 Make sure the divorce settlement declares that your alimony payments are deducted from your income and added to the income of the recipient spouse. This means you will have a lower income for taxation purposes whereas your spouse will have a higher income for taxation purposes. Have this ruling as part of the settlement. You are the one having to make the payments. The least you can get in return is some taxation relief. And if your spouse is getting part of your money, it is arguably fair that they should declare this as part of their income.
#3 Follow the rules of the divorce settlement on the letter. Don't be late with payments, don't try anything different or unusual, never pay in cash and make sure every payment is delivered in the way required.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
#1 Always pay by check never by cash. The recipient spouse is not required to give a receipt so it is pointless for you to ask for one but in case there is any dispute you need a bank statement indicating if and when the check has been cleared. Keep good records. Many divorce settlement returns to court in a dispute over different matters including alimony payments. Make sure you are on solid ground.
#2 Make sure the divorce settlement declares that your alimony payments are deducted from your income and added to the income of the recipient spouse. This means you will have a lower income for taxation purposes whereas your spouse will have a higher income for taxation purposes. Have this ruling as part of the settlement. You are the one having to make the payments. The least you can get in return is some taxation relief. And if your spouse is getting part of your money, it is arguably fair that they should declare this as part of their income.
#3 Follow the rules of the divorce settlement on the letter. Don't be late with payments, don't try anything different or unusual, never pay in cash and make sure every payment is delivered in the way required.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Sunday, September 19, 2010
How to Negotiate in a Divorce
When trying to negotiate a good divorce settlement, keep the following in mind:
When you are not satisfied with any of your spouse's terms, prepare a logical rebuttal, rather than get defensive and emotional. By all means, speak up!
Be willing to try and consider your soon-to-be-estranged spouse's wellbeing. If things get ugly, remember that a change in your approach (yes, it's hard) can turn things around 180 degrees.
Just do your best to avoid having the case go to trial. The benefits of mediating your own agreement include keeping your marital problems confidential, sparing yourself of open court proceedings and the related costs, speeding up the process and not to mention helping to make it all easier on the kids.
Divorce can get complicated with all its legal and financial details and disagreements. It's no wonder that you are seeking divorce help and divorce support.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
When you are not satisfied with any of your spouse's terms, prepare a logical rebuttal, rather than get defensive and emotional. By all means, speak up!
Be willing to try and consider your soon-to-be-estranged spouse's wellbeing. If things get ugly, remember that a change in your approach (yes, it's hard) can turn things around 180 degrees.
Just do your best to avoid having the case go to trial. The benefits of mediating your own agreement include keeping your marital problems confidential, sparing yourself of open court proceedings and the related costs, speeding up the process and not to mention helping to make it all easier on the kids.
Divorce can get complicated with all its legal and financial details and disagreements. It's no wonder that you are seeking divorce help and divorce support.
Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
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