New York High-Stakes Family Law Blog

When people get divorced, the last thing they want is to feel that their lives are an open book to the public. High profile professionals who wish to shield their family and personal issues from the public may be motivated to keep the divorce confidential. Many divorces in New York have public records, which means that others may be able to gain information that you likely do not want them to have.

Records of divorce proceedings remain public unless a judge agrees to seal them. To protect divorce documents from being open to the public, you will need to file a motion with the court and provide an affidavit that explains how you or family members would suffer if the records were open to public scrutiny. Courts are often hesitant to seal entire cases. Sometimes judges decide on narrowly tailored seals that do not privatize more than the judge deems necessary.

If you and/or your children experience domestic violence in New York, the most advisable course of action is to protect yourself and them by leaving the home. During the child custody hearing that will likely follow your escape, you may think that if you report the abuse to the court, you will receive custody of your children over your former partner. Unfortunately, the opposite may be true. The Washington Post reports the results of a recent study at George Washington University that found that reporting abusive behavior by a past partner may actually hurt your chances of obtaining custody. 

According to the study, the courts may interpret a report of abusive behavior against a former partner as an attempt at parental alienation. In other words, the perception is that by reporting domestic violence, you may be trying to turn the child against the other parent so that he or she will side with you instead. The study also found that reports of domestic violence tended to disadvantage mothers reporting domestic violence against fathers more often than fathers making reports against mothers, suggesting a gender bias.

The desire for one's children to go to college is a normal thing for many New York parents. When a couple gets divorced, the potential for a child to get a college education could be at risk unless the costs for this are addressed during the divorce negotiations. Whether a child is five or 15, parents should outline basic provisions and terms for how they will fund a higher education for their child when the time comes.

Forbes explains that parents review a variety of options in their terms, such as preferences for a student to apply only to institutions that are in their home state and that are publicly funded versus privately funded in an effort to keep the costs down. Some families choose to have one parent provide an up-front payment designed to cover their portion of all college costs. This money can be put in a trust fund or other account for safe keeping until it is needed.

It is not uncommon for a married couple in New York to own and operate a business together. The pair might have been married before they formed the business or they may have been business partners who eventually became romantically involved. Either way, there are unique benefits and challenges to running a company with the person you are married to. One of the challenges arises if you end up separating and divorcing from your spouse.

As explained by Forbes, along with deciding who will get the house, when you will each have time with your children, and other matters, you must now also choose what to do with your joint business. Like family homes, some businesses end up being sold to third parties when the owners get a divorce. The proceeds of the business then must be addressed as part of your asset and debt division agreement.