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Buffalo Divorce Blog

Is an annulment right for you?

Whirlwind romances don’t occur exclusively in movies. Sometimes there’s a spark when people meet online or while on vacation. The spark turns into love and evolves into a marriage proposal. After vows are exchanged, something may not feel right and it feels like a mistake has been made.

If you recently married and genuinely feel like you made a mistake, you probably want to end the marriage as quickly as possible. This post will briefly explain two ways this can be accomplished.   

Despite conflict, shared parenting is a win-win

From the moment you asked your spouse for a divorce, you may have known the process would not be easy. If your spouse reacted with anger or hurt feelings, you probably saw the dissipation of any chances for a conflict-free separation. This may be of special concern to you if you had hopes of sharing custody of your children.

While the roles of mothers and fathers have evolved in recent generations, studies show that 80 percent of custody battles end with the mothers receiving full custody and fathers having court-appointed visitation. This pattern persists despite the evidence that children fare much better when parents share custody equally.

How can I prepare financially for divorce

Whether you are considering filing for divorce, or have recently filed a petition, the desire to seek revenge or pummel your soon-to-be ex-spouse into submission are powerful emotions that can drive your decisions. However, in the midst of inflicting emotional damage, you may leave yourself vulnerable to making substantial financial mistakes that could seriously affect your post-divorce life.

As such, avoiding these mistakes should be just as important as satisfying your emotional needs. This post offers a few things to consider when evaluating the financial commitment to a divorce and potential financial settlements. 

Can prenups eliminate divorce disputes?

If you pay attention to pop culture news, you probably have noticed the lack of celebrity weddings this summer. This also means that news of celebrity prenuptial agreements have largely been non-existent. For those unfamiliar with prenuptial agreements, they are essentially contracts that people seeking to get married enter into that lay out rules for how the parties will conduct themselves in the event of a divorce.  Some prenups also govern how the parties will conduct themselves during the marriage.

There can be a number of terms in a prenup, including what will be considered community property as opposed to separate property, whether the parties will use mediation to resolve any disputes, and what state they will call their home for purposes of divorce. 

Does a prenuptial agreement taint the romance?

Does the notion of a prenuptial agreement taint the romance between couples who seek to be married? This is a question that has vexed people as prenups have become bigger part of our culture. On the one hand, it is prudent to think about the future and plan for the unexpected. It follows the old adage “if you prepare for the worst, you can expect the best.”

On the other hand, planning for the possible break-up of a marriage tacitly suggests one (or both) parties may not be ready to tie the knot. Whatever the opinion you hold, it is important to know how prenuptial agreements can affect how a couple’s assets are divided during divorce.

Are you dealing with a high-conflict personality during divorce?

Dealing with a substantial amount of conflict can often take a considerable toll on the wellbeing of New York residents. When conflict acts as a standard part of your marital relationship, it could also stand as the reason that you now want to move forward with divorce. Though ending the marriage may be the best course of action for everyone involved, you could have concerns regarding the potential for conflict during the proceedings.

Though many marriages can come with their own conflicts, you may worry that you married someone with a high-conflict personality. When dealing with this type of person during any situation, you may have a more difficult time reaching an agreement. You may wish to consider the following signs that may point toward this type of personality and how you could deal with it.

Considering the options surrounding your family home in divorce

If you are considering the possibility of ending your marriage and taking a separate path moving forward, certain aspects of the process may be giving you pause. After all, property division will inherently have a substantial impact on your finances, which can in turn affect your future.

While you may be ready to move on with your life, taking the time to consider your options and how each decision made throughout the process will influence your future may be advisable. One area that could be of significant concern to you is the family home.

Why you shouldn't just "stay together for the kids"

You and your spouse are arguing more and more. The disagreements have escalated and neither of you is happy. You've tried talking, you've tried therapy; nothing has helped. Maybe you or your spouse has even broached the subject of a trial separation, but after some discussion, neither of you is sure you can go through with a divorce, for one reason and one reason only — the kids.

Your dedication to your children does both you and your spouse credit. The fact that you want to put their well-being ahead of your own happiness is admirable. There's one thing most experts agree on, though — if your only reason for staying together is your children, don't do it.

Do 'family reunification' camps really help fight alienation?

In almost all divorces and custody disputes, courts will try to ensure that children remain a part of both parent's lives. However, some parents, still bitter at their ex, will do everything possible to make their children hate their other parent too. This is known as parental alienation syndrome, and it can lead to one parent having no relationship with their children.

In high-conflict custody disputes where parental alienation exists, judges in the United States and Canada are relying more and more on "family reunification" camps in desperate attempts to find solutions. Many times, the children are sent against their will, and a judge will revoke the custody rights of one parent so the parent who is the victim of the alienation. Many times, the children have no contact with their other parent for months or even years.

Having an attorney as a batting coach when life throws a curve

It can be extremely difficult to prepare for every possible change in life. In some cases, when life throws you a curveball, a swing and a miss might be a minor setback, but it could also prepare you for the next attempt. However, in stressful situations where the stakes are high, being ready for anything thrown your way could be significantly more challenging.

Perhaps you and your spouse have decided to go separate ways, and in addition to dealing with the emotional stress involved, you have concerns about the potential financial ramifications of such a major life change. There are several steps you can take that might help you prepare for the financial side of divorce.

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