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Syracuse Family Law Blog

Canadian custody dispute reaches tentative conclusion

  • 24
  • May
    2013

A recently handed down court decision has ruled that a New York couple must return to Canada in order to finalize their child custody agreement. The argument had sparked between an American woman and a Canadian man. They met when the woman was attending medical school in Canada. An initial ruling had determined the children's custody situation would have to be determined by a Canadian court; that decision was confirmed by the 2nd Circuit earlier this month.

The couple's problems began shortly after their 2008 marriage, when the woman returned to her New York home to have her family help take care of her new child. That child was born in 2009. The husband came to visit his wife in New York for several months that fall. The couple eventually returned to Montreal later that year, with additional plans to return to New York the next year.

States' laws complicate same-sex divorce

  • 17
  • May
    2013

With the recent political stir about the Supreme Court's decision to evaluate the Defense of Marriage Act, experts say that more same-sex couples are likely to take the plunge in coming months. Eleven states throughout the nation have passed legislation permitting same-sex marriages, and several others have designated such pairings as legal partnerships.

With the excitement of marriage, though, comes the sad reality of divorce. Just like heterosexual couples, same-sex partners need access to appropriate legal processes to terminate their marriages. This is not always the case, however, as most states with same-sex marriage laws have not caught up on the same-sex divorce trend. Federal rights are affected by the Defense of Marriage Act, and your local rights will be determined by the state in which you reside - not the state in which you were married.

Replace these things after your divorce

  • 10
  • May
    2013

Breaking up with your spouse is a difficult transition, but you can make your divorce even more painful by holding on to remnants from your past relationship. If you maintained possession of the family home, this can be a particularly difficult time. When you look around, all you see are reminders of your past relationship. Experts offer some tips about things that should be replaced after your divorce.

First, it is a good idea to replace your bedding. From the sheets to the pillows, you need something that will be fresh and new, not painful to look at because of memories. You might even consider rearranging the furniture to get a fresh perspective on your home. Speaking of the bedroom, you should discard any old lingerie that reminds you of your marriage. Getting some fresh underwear will make you feel more confident and comfortable. While you are at it, new pajamas might also make you feel fresh and ready for a new start.

Custody for young children requires extra care

  • 03
  • May
    2013

If you are a parent of very young children who has just divorced, you may have noticed that child custody proceedings generally consider infants and toddlers in a different class from older children. These youngsters are considered to be in their “tender years” and still more vulnerable because they require a significant amount of personal care. As you work through the details of your child custody agreement, experts say you should be mindful of certain differences between arrangements for infants and those for older children.

It is most important to remain composed and calm during child custody negotiations. You and your ex are unlikely to make positive decisions while you are in a rage; instead, allow yourself to view the proceedings from a neutral position that disregards blame and drama. Determine your personal obstacles to co-parenting and work on your shortcomings while you work toward becoming a great mom or dad.

Gay divorce rights depend on Supreme Court ruling

  • 23
  • April
    2013

The current patchwork of legal statuses that make up the same-sex marriage landscape in America is confusing enough. Now, just imagine the legal quagmire that exists for same-sex divorce. Just as many same-sex couples are enjoying the marriage privileges that exist for their straight counterparts, they are struggling through a legal system, even in New York, that may not entirely fit their needs.

Many of these answers ride on the final decision about same-sex marriage that should be handed down from the Supreme Court in the coming weeks. If the Defense of Marriage Act is struck down, for example, attorneys and legislators nationwide will be required to define exactly who is currently married. These could impact the marriage status of same-sex couples, even as they pass between state borders; after all, revamping rules for same-sex marriage is sure to be a lengthy, tedious process in most jurisdictions.

Divorce numbers in Central New York on the rise

  • 16
  • April
    2013

Newly released 2011 vital statistics show that Central New York experienced its highest divorce rates in nine years. Experts say the 2,500 filed divorces were mostly filed under the state's new "no-fault" divorce provision, a law that was passed in October 2010. Couples in New York are now permitted to file for divorce simply because their relationship is irreconcilable; previous regulations required the partners to prove cruel and inhuman treatment, infidelity or a similarly egregious wrong.

Attorneys in the area confirm the statistical evidence with anecdotes, saying that their desks have been replete with divorce requests in recent months. Many area family lawyers say they suspect at least one more factor is playing a role in the divorce rate increase: The rebounding economy is helping more people afford their divorces.

Powerball Win Highlights Overdue Support

  • 10
  • April
    2013

The odds may have been stacked against the nation's most recent Powerball winner; the man, a father of five, had just a one in 175 million chance of winning the massive jackpot. Sadly, for the children who suffer from overdue child support payments, the odds are far higher, as 11.5 million families await delinquent funds. The most recent winner had accumulated a child support debt of about $29,000, a sum that he will be able to pay off many times over with his earnings.

The winner even had an arrest warrant issued against him four years ago, according to New Jersey authorities. The man's children now range in age between 5 and 23 years old. It is not clear which children the payments pertain to. Officials report that the man was just $1,000 away from being included in the top 11 percent of overdue child support.

Avoid Becoming an Unlikeable Divorcé(e)

  • 01
  • April
    2013

Mental health professionals and attorneys acknowledge that divorce brings out extreme behaviors and emotions in their clients. Divorcing men and women who are normally poised, calm and mature can rapidly devolve in the face of divorce. Experts have identified a few common personality changes that can result from such a massive life transition. Many of these personality issues can cause problems in professional and interpersonal relationships. Today we will review basic profiles of distressed divorcé(e)s, providing you with the information to modify your behavior if you notice these traits in yourself.

Experts say that some people are so desperate to show their fun-loving side to their ex and friends that they go off the deep end with partying. These people fall into one-night stands in an attempt to obtain another relationship. The faster they can build another intimate relationship and move in with another person, the better they feel about "winning" the divorce race. Prevent this from happening to you by sticking to social activities that do not involve the opposite gender.

Decision handed down in Deion Sanders custody case

  • 30
  • March
    2013

New Yorkers are no strangers to heated debate and arguments. East Coasters who enjoy an intense contest would have been right at home in the Dallas courtroom where a famous athlete's marital issues were finally resolved earlier this month.

Two weeks of energetic testimony in the Deion Sanders child custody case have finally led to a verdict, much to the football star's relief. Sanders, known for his playing time with the Dallas Cowboys, will retain sole custody of his 11- and 13-year-old sons, according to media reports. Jurors also decided to award shared custody and conservatorship of the couple's 9-year-old daughter, though Sanders will be permitted to decide where the girl lives.

Tips for Taxes and Divorce

  • 20
  • March
    2013

Tax season is a tricky time for those going through a divorce. Dividing up assets is difficult enough, but understanding the tax implications of your financial decisions can be downright intimidating. Tax prep can also be difficult for people going through a break-up because so-called "tax professionals" are not always qualified to handle the financial intricacies of a split. Experts have some simple tips to help you navigate your first tax season after your divorce.

First, be sure that you are choosing the correct federal tax filing status for your marital situation. If you were divorced by Dec. 31, 2012, you can file as a single person. Otherwise, you would probably be best served to file jointly with your spouse. If you are not yet divorced, you could choose to file jointly or separately; in most cases, joint filing will be the best option.

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