Robert G. Smith, PLLC
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Posts tagged "divorce"

Communication and consistency may help post-divorce co-parenting

While New York parents who have divorced may struggle to remain civil with their ex-spouses, it is in the best interests of their children if they commit to working together in parenting, particularly in joint custody arrangements. Working as an effective team in making decisions about their children requires parents to communicate calmly and cooperatively and learn to compromise regarding minor issues.

The benefits and drawbacks of virtual visitation

In today's advanced technological environment, the rights of some divorced parents are being impacted by what is called virtual visitation. This is a way for non-custodial parents who are not physically present to continue their relationship with their children by using tools such as email, social media sites, webcams and video conferencing. It seeks to supplement in-person visitation between non-custodial parents and their children, not replace it. New York judges have already began to use this method as a way to extend parental visitation rights.

Are 401(k)s subject to property division?

Some residents of New York that have 401(k)s may be concerned to learn more about what may happen to them in the event of a divorce. Retirement accounts, such a 401(k), are generally subject to qualified domestic relations orders that establish the circumstances where the account may be redistributed.

How New York courts determine the best interests of a child

There is no fixed definition for the legal principle known as the best interests of a child when the court is deciding on child custody in a divorce case. However, the best interests are generally regarded as the actions and services that best ensure that a child is well taken care of in a healthy and secure environment. This is determined by considering a wealth of factors based on the child's and parents' circumstances.

How inherited funds are handled during property division

Before a New York judge can make a ruling about how to divide property in a divorce, a determination must be made about what property is subject to division. Any property that is deemed separate property will be exempt from property division because it is considered to be the sole property of only one spouse.

Legal representation during a high net worth divorce

Individuals who are going through a high net worth divorce in New York can stand to lose a lot if the proceedings are contested. With 35 years of experience handling high asset divorce cases, we are prepared to help you achieve the outcome you desire.

Child custody and international abduction

New York parents may benefit from learning that there are laws in place regarding scenarios in which one parent abducts a child and leaves the United States. The U.S. is a signatory to the Hague Abduction Convention, a treaty that provides a legal framework by which children may be returned home. Here, "home" means the United States, their country of habitual residence. The laws of the country where the child normally resides should be the ones determining matters of visitation and custody, according to the Convention.

Thriving after a New York divorce -- achieving financial security

How can a New York individual have financial security after a divorce? Some people may have concerns that a divorce could leave them financially unstable and/or strapped with debt that was jointly accumulated. However, when a couple approaches divorce with the goal of post-divorce stability, it is possible that this goal can be reached according to the best interests of each individual.

Divorce and child custody -- Keep the focus on needs of children

New York parents who are considering a divorce are likely concerned about how to keep the individual needs of the children as the primary focus. It can be complicated to divorce when there are children involved, but considering the individual needs of a child can be common ground for both parents. It is beneficial for the children when parents can work together to fully understand what is truly best for all parties before reaching a permanent child custody arrangement.

You probably love your pets more than your chairs

In the U.S., we love our pets. And we demonstrate that love by spending. In 2013, we spent $55.7 billion on our pets. This amount has almost tripled in raw dollars since the industry began tracking the numbers in 1996. According to the president of an industry trade group, this explosion of spending has been the result of pets being treated like "little humans."

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