Divorce

New York Divorce Laws You Should Be Aware Of

New York Divorce LawsWhether you are considering a divorce or are already in the middle of divorce proceedings, understanding some of the basics of divorce laws in New York can help you through the process.

No-Fault Divorce Permitted

Although New York was the last state in the country to allow for a no-fault divorce, it is in full effect now. This means that either spouse can request a divorce without having to prove the fault of the other, and instead simply signing a sworn statement that there has been an “irretrievable breakdown in the marriage for at least six months”. A final divorce order is now much easier to secure than before the no-fault New York divorce laws were in effect.

Residency Requirements for Filing in New York

Before you file for divorce, you must meet certain New York residency requirements. First of all, if either spouse has lived in New York for two years or more prior to the divorce, the suit can be filed in the state. However, if the reason for divorce occurred in New York AND both spouses lived in New York at the time when the suit is filed, it can also be filed in the state. The last residency option is that if either you or your spouse lived in New York for at least one year immediately before the suit is filed AND you (a) got married in New York, or (b) lived as a married couple in New York or (c) the reason for divorce occurred in New York.

Living with Your Spouse

You can still get divorced in New York if you are living with your spouse. If you file a fault-based divorce, you can remain in the home with your spouse at the time of filing. However, you may want to consider moving out for safety reasons.

You do not have to live separately from your spouse for a no-fault divorce if you claim that the marriage broke down for at least six months before filing suit.

Contact the Sabra Law Group Today

If you are considering filing for divorce in New York or need representation in a divorce filed by your spouse, having an experienced divorce advocate can help you navigate the process effectively. An experienced attorney can ensure that you are protected under divorce laws and can move on with your life.

Call the Sabra Law Group at 646-472-7971 to discuss your divorce case today. Attorney Sabra Sasson helps clients through the entire divorce process in New York to protect their interests. Contact the Sabra Law Group for representation in your New York divorce case.

Why Divorce Mediation is a Better Option Than Litigation

Manhattan Divorce Mediation Lawyer

 

 

 

 

 

 

 

When contemplating divorce, many people envision themselves enduring contentious courtroom proceedings. While some portions of the divorce process do take place in the courtroom, this does not have to be true for all of the proceedings.

Divorce mediation is a more amicable and creative method for settling disputes in a marriage dissolution, and it has numerous benefits when compared to litigating every issue in the split.

For instance, mediation gives the divorcing couple more control over the proceedings and the outcome of the divorce. Rather than having important decisions dictated by a judge, the couple can work together, with an impartial mediator, to resolve even the thorniest questions in their divorce.

Moreover, the collaborative process of mediation may help the couple to improve their communication skills. Since they may need to continue to work together for some years after their divorce is finalized, this improvement may smooth the way for future interactions. Having learned that they can talk to each other and reach mutually beneficial decisions in a more harmonious and less contentious way, the couple may use the newly acquired communication skills for years to come.

When children are involved, mediation is nearly always a desirable alternative to litigation. Divorce is most painful for kids no matter which method of divorce, so it's in your children’s best interest to resolve the dissolution quickly, amicably and with as little disruption to their lives as possible. Plus, knowing that their parents can work together sets a wonderful example for children and their future relationships.

It's also worth noting that mediation tends to be less expensive than litigation. Filing numerous motions, making court appearances and dealing with all related issues in a contentious battle can mean that legal bills quickly climb. Since divorce mediation helps to avoid the filing of some motions and making court appearances, costs are kept to a minimum.

More couples also are choosing mediation because the proceedings are private. Motions that are filed with the court may become a matter of public record. However, the mediation sessions and the discussions that take place during them are utterly private. While some of the decisions made will result in court filings, the negotiation process and a great deal of sensitive information never needs to be revealed.

If you are interested in knowing more about how divorce mediation is a healthy alternative for every member of the family and how you can get a harmonious divorce, call the Sabra Law Group at (646) 472-7971. The many years and extensive mediation experience makes these legal professionals well-suited to guide you through the process efficiently, painlessly and cost-effectively.

 

Tips for Telling Elementary School-Age Children About a Divorce

Telling Elementary School Age Children About a DivorceNothing about getting a divorce is easy. One of the most painful parts of the process is breaking the news to your children, who will probably have a difficult time understanding the adult concerns that led to your decision.

When children are in elementary school, approximately between the ages of six and 11, they are more sophisticated than younger kids when it comes to recognizing and talking about feelings. Still, they're not likely to grasp the reasons behind their parents' split. 

This is why it's critical to make time for children to ask questions. They are figuring out why the divorce is happening. Younger children may equate the situation with a particular fight over a small event. Always listen to questions when they arise, and take the time to answer to the best of your abilities. You may not have all the answers, but that's ok. 

When you tell your children about getting a divorce, try to present a united front. This means that both parents should be present to meet the perhaps unpredictable reactions from the children. Getting the whole family together prevents sending conflicting messages so that everyone is on the same page. 

While you do want to be honest, it's just as crucial not to give away intimate details. These complex, adult concerns are beyond their understanding, and they may foster later resentment if they are shared. Keep things on a forthright level but refrain from trying to argue your "side" of things or casting the other parent in a negative light.

Make certain that the kids are told that they did not cause the situation. This statement may need to be made several times and over an extended period of time. At the same time, provide constant reassurance that both parents love the children and have every expectation of spending plenty of quality time with them.

Let your kids know what your immediate plans are. Is one of the parents moving out of the family home? When will that parent be seeing the kids? Answers to questions such as these help children to conceptualize how things will work in the coming weeks.

 

You may want to purchase books that are available to help you start the conversation and introduce this change to the children.  You can find many age-appropriate books on Amazon and other places where books are sold.

If you are getting a divorce, contact the Sabra Law Group at (646) 472-7971. With an emphasis on mediation to resolve even the most complex issues, Sabra's legal team makes it possible to achieve a resolution in less time and with far less acrimony.
 

 

When Considering Divorce Do You Move Out of the Marital Home or Do You Stay?

Marital HomeWhen considering a divorce, it's possible that your situation makes it incredibly difficult to continue cohabitating in the marital home. This is especially true if the circumstances surrounding the split are acrimonious, but it may simply be that you're experiencing an undue amount of stress and would like to have some more space.

Does that mean that you should move? It may not make sense to do so in all situations, and it is never wise to make a major change, like moving out of the house, on the spur of the moment. Instead, it may make sense to consider how moving out of the marital home might affect divorce proceedings.

For instance, consider that moving out of the home may provide your soon-to-be ex-spouse with exclusive access to the property. He or she may be able to get an order that grants temporary exclusive possession of the home. This means that the other partner cannot return there. 

Consider that even if such a motion isn't granted, you'll probably have to leave some of your personal possessions at the residence. Do you trust your former spouse to provide proper care of these items? Additionally, do you trust your partner not to cause serious damage to the structure, thereby hurting the home's value on the market if it must be sold?

It's also worth considering whether or not moving out of the marital home might affect your custody rights. Leaving your children in the home with the other partner indicates to the court that you consider that individual to be a fit parent. Accordingly, your spouse now has de facto custody of the minor children. If you have any concerns about your partner's ability to be an effective parent, then it is rarely advisable to risk moving out of the family home before custody issues are decided. 

If domestic violence has played any role in your relationship with your former partner, then it is always wise to seek somewhere else to live. However, in all other situations, it is almost always recommended to remain in the home until settlement of the divorce.

If you are considering a divorce and are wondering whether or not you should move out of the family home, contact the Sabra Law Group at 646-472-7971. With a focus on mediating the toughest marriage dissolution questions, legal professionals are prepared to help you make a wise and informed decision.

 

How to Tell Your Teenager That You Are Getting Divorced

How to Break News of Getting a Divorce to Your TeenagerGetting divorced is an undeniably stressful time in your life, but it is even more stressful and complicated when children are involved. Even if you have older children or teenagers, the impact of a divorce can be a serious strain on their development if not handled properly and proactively by their parents. 

 

Presenting a Unified Message

First and foremost, it is critical that you and your ex are on the same page about the message you will share with your children. This includes the timing of letting them know. It is best not to spring this type of news immediately before major changes, such as a parent moving out of the house, are about to happen. Allow time and space for your child to process these developments. 

Also, be clear with your ex about which details you will share with your teenager regarding the reason for the divorce. It is vital to convey to your children that they are not the cause of your divorce, but you should avoid sharing intimate details with them. To the extent possible, do not say anything negative about your ex because this will only make co-parenting more difficult and will encourage your child to act out. 

 

Prepare Your Resources in Advance

Do not be surprised if your child needs therapy to cope with you getting divorced. Do your research in advance to find a local, qualified therapist to work with your teenager. Additionally, be ready to share with your teenager as many of the details as possible about the logistics of the divorce and what this means for your child's life going forward. It is only natural that your child will be anxious to know how this situation will immediately affect their life. If you are able to keep your child in the same school, sports, and other activities, this will provide some continuity and stability throughout a scary and complex process. 

 

Contact the Sabra Law Group for Divorce Mediation in New York

Call the Sabra Law Group right away at 646-472-7971 to schedule an appointment for divorce mediation in New York or schedule a complimentary Discovery Session here. The sooner you call to get started with the divorce mediation process, the closer you are to having clarity and stability for your finances, emotional future, and family. 

 

Why Divorce Can Be a Win-Win for Both Parties

DIvorce can be a win-winDivorce has a reputation for being an acrimonious and litigious process. Fortunately, it doesn't have to be that way. With mediation in New York, divorce can be a win-win.

That may be difficult to believe. Anger, sadness, and confusion can make a divorce feel like a never-ending battle. If both of the parties can shift their focus to an outcome that is positive for everyone involved, then they may discover that their thought processes become more rational. Instead of becoming mired in the turmoil of the present, they begin to see a future in which both former partners and their children are flourishing.

Deciding to litigate a divorce frequently leads to increased rancor. Unfortunately, many people believe that the courtroom is the only place to decide issues like spousal support, child support, and child custody. Divorce can be a win-win when couples choose mediation in New York instead.

Mediation is a collaborative process that has spouses working together to resolve issues in a constructive manner. This makes the process far less emotionally draining on the former partners and their children.

A trained mediator listens to the viewpoints of both parties on each issue. And the mediator helps the parties to hear and understand each side’s perspective and facilitates a conversation so that they can reach decisions on each of the issues that are acceptable to everyone. It is rewarding and helpful for the family to feel that they have a voice and that they are being heard. The mediation process even lets each partner actively participate in making decisions. This is a vast improvement over having a judge dictate decisions with which neither party may agree.

Through the mediation process, divorcing couples may learn more effective communication techniques that will serve them in the coming years, particularly if a relationship must be maintained for the sake of any shared children. It's valuable to know that even at an emotionally difficult time it is possible to work together to find common-sense solutions. 

Just as importantly, divorce resolutions can be reached in far less time than litigation requires. This makes it possible for everyone to begin focusing on their new lives much sooner, and that's a win-win for the whole family as it allows for faster healing.

If you would like to learn more about how divorce can be a win-win with mediation in New York, contact the Sabra Law Group at (646) 472-7971. A collaborative process will put your family on the path to healing.

 

5 Parenting Tips for Divorced Parents You Need to Know

Parenting Tips for Divorced ParentsThe dissolution of a marriage is a difficult transition. For couples with children, the complications seem to never end as they meet the challenges of co-parenting. However, these challenges may be diminished with these parenting tips for divorced parents.

1. Build a New Relationship with Your Ex

It may be helpful to view your relationship with your ex-partner as a new, separate one. The co-parenting relationship isn't about you and your partner; it's about your children. This may make it easier to let go of old resentments.

2. Put the Kids' Interests First

Parents that continue to fight after a divorce create a stressful environment. Making an effort to put rancor behind helps children to move forward. Always remember that the well-being of your kids is more important than any disagreements you have with your ex-partner. 

3. Be Consistent with Consequences

Too many parents who are splitting up let consequences for poor behavior slide. However, forgoing consequences condones misbehavior and encourages worse behavior. Stick to reasonable consequences, and talk with your children about healthier ways to express their feelings.

4. Stay Hopeful

Your family is going through changes. While some of these may be painful, others may be positive. No matter how bleak things may seem, there's room for hope. Your optimism is a wonderful thing to model for your children. It demonstrates your resilience in challenging situations, and that's a quality that will serve them well in their lives too. 

5. Tame Your Emotions

Whenever you are angry or annoyed with your ex-partner, your first instinct may be to fly off the handle and go on the attack. However, this is rarely an effective coping mechanism. Keep a running list of grievances instead, and periodically review them. Most may seem trifling after just a few days. The ones that are of greater concern can be discussed reasonably and without damaging the co-parenting relationship.

If you want to learn more parenting tips for divorced parents, contact Sabra Law Group at (646) 472-7971. These legal professionals also can help you find an amicable resolution to your divorce proceedings. Contact a legal professional today at 646-472-7971 or set up a free phone consult using our scheduling link here
 

Who Initiates Divorce More: Men or Women?

initiates divorce The correct answer is that women initiate divorce more than men.  In fact, according to a study conducted by the American Sociological Association, they found that women initiate 69% of divorces. 

 

Another interesting fact is that about 90% of divorces are initiated by college-educated women.   Times have changed and more and more women will not tolerate staying in a marriage that they are unhappy in.  A lot of women also have their own careers, which makes it easier to leave a marriage than if they were solely dependent on their husband financially. 

 

One of the most common reasons women file for divorce is infidelity.  In some cases, it may be the woman who cheated on her husband.  Many times, there may be an underlying reason for the infidelity.  Was there a breakdown in the marriage?  Whether it was a communication breakdown or an issue of disrespect, or one of many other issues, it is helpful to know what caused your spouse to cheat on you.  

 

Other reasons women file for divorce is feeling lonely in their marriage, an abusive husband, a husband that is a work-a-holic, or simply growing apart and not seeing eye to eye on anything. 

 

Financial stress can also lead to divorce.   If only one spouse is financially contributing to the household, they may feel overburdened with the finances to support the family. In addition, when a spouse does not recognize the efforts of the other spouse who is contributing to the marriage in non-financial ways this can lead to resentment and develop into anger. Lack of communication regarding spending and budgeting can cause a financial burden and stress the marriage.

 

Sometimes, men do not realize there is a problem in their marriage until their wife points it out.  Men and women have different ways of comprehending information.  This is why clearly communicating what is acceptable to you or not in a marriage is important to disclose from the very beginning. 

 

By openly communicating with your spouse, it may prevent you from making the same mistakes in the future.  In fact, you may even learn something that could salvage your marriage.

 

Why Do Men Avoid Initiating Divorce as Much as Women?

 

Men are scared that a divorce may lead to financial destruction and that they may be left with an almost empty bank account.  Some men choose to stay in a marriage because they feel it would cost them way too much to get out of the marriage.  Furthermore, men are just as scared of losing custody of their children as women are. 

 

Are You Thinking of Filing for Divorce?

 

Consult an experienced New York Divorce Attorney for guidance on the divorce process in New York.  Contact Sabra Law Group today at (646) 472-7971 to schedule a confidential consultation.

 

 

Source: American Sociological Association

 

The 5 Warning Signs That May Lead to Divorce If Not Resolved

5 Warning Signs That May Lead to Divorce

Don’t end up caught off guard if your spouse tells you that he/she wants a divorce; know what warning signs to look for so you are not taken by surprise.

  1. Cheating/Infidelity:  This is one of the top predictors of divorce.  When one partner is cheating, there usually is a bigger problem.  The bigger problem can equate to “unmet needs” or other issues in the marriage that remain unresolved. It is essential to get to the bottom of the reason behind the infidelity to determine if your marriage issues are resolvable or not.
  2. Lack of Communication: If you and your spouse barely talk or cannot have deep conversations about important issues; then you need to figure out what can be done to change the breakdown in communication.  If you are committed to your marriage, then seek professional help if you are not able to come to a resolution with your spouse.   Effective and open communication is the backbone of any successful relationship. 
  3. Money Matters: A lot of marriages break up due to money problems.  Whether it’s that one spouse spends too much, or the other spouse does not manage money well; it can definitely lead to conflict.  Furthermore, if couples do not see eye-to-eye on money and have different views on money; it can cause friction in a marriage.
  4. Always Fighting:  Arguing and fighting is another major cause of divorce.  It causes unnecessary stress and if it keeps happening all too frequently, one partner is bound to get frustrated and want out of the marriage.  Seeking professional help to see if this is an issue that can be resolved may thwart off divorce. If there is no resolve; then it may be better to part ways for the sake of everyone’s well-being. 
  5. Lack of Health:  This can have many different meanings.  Lack of health can pertain to letting yourself go and stop taking care of yourself and your health; resulting in weight gain.  Weight gain can lead to depression or intimacy issues. In rare cases, it can also mean that one partner is ill, and the other partner chooses to exit the marriage instead of staying and taking care of their spouse.

 

Considering Divorce? Be Well-Informed So That You Can Make the Right Decision

 

Contact Sabra Law Group today for a confidential consultation at (646) 472-7971 and get answers to all of your divorce-related questions.

How to Have Win-Win Mediation for Your Divorce

win-win mediation Divorce is never easy. It's an emotionally draining process that is painful for everyone involved. This is especially true in cases where couples decide to litigate the outcome. 

Too often, separating spouses believe that the courtroom is the only place to resolve complicated divorce issues like child support, visitation and the division of the marital assets. The reality is that mediation frequently is the far better alternative. 

Mediation is much less expensive than going to court will ever be. Plus, it's an extraordinarily private process that doesn't involve much in the way of public court filings. Mediation also is a more amicable and mature way to resolve conflicts. 

When the issues between a divorcing couple can be resolved via mediation, it is a win-win for the whole family. Of course, both of the former partners must be willing to come to the table and to keep their minds open. This isn't always easy, but a win-win mediation is possible when both enter the process with good intentions. 

Much of mediation is about negotiation and compromise. Accordingly, it is vital that both parties not be overly focused on getting their way. A better approach and one that is more likely to result in a win-win mediation is to consider what is in the best interests of the family. 

When children are involved, they frequently are the deciding factor in this determination. Throughout the process, the main concern of the parents is rightfully placed on the health and well-being of the children. When parents remember that less strife and more compassion are likely to favorably affect their children and provide them with a strong model for how to lead a healthy and well-adjusted life, then they are more likely to enter mediation with the best of intentions. 

Still, this doesn't mean that divorce mediation is always easy. Emotions sometimes run high, and occasionally the participants lose sight of the greater good. At these moments, it's wise to take a step back and a deep breath. Refocus your energy on creating a positive outcome that is good for everyone, rather than just for yourself. 

Call the Sabra Law Group at (646) 472-7971 to learn more about how a win-win mediation is possible in even the most complex of divorce cases. With a skilled attorney and a compassionate mediator, it is possible for the family to heal and move forward in a positive manner.