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Buffalo Divorce Blog

Automatic Temporary Restraining Orders freeze the estate

Restraining orders have an ominous sound to them because of the association with assault and physical or psychological abuse. However, New York State and others utilize s (ATROS) when a couple files for divorce. The general premise is to have the couple put their financials in a holding pattern while the details of the divorce are addressed.

Common activities divorcing couples cannot engage in include:

Parenting in high conflict divorce

Parenting after a high conflict divorce can be a challenge, especially if there's still a lot of lingering hostility between you and your ex. For the sake of your children, it's important that you and your ex find a way forward.

Resentment, anger and a high degree of tension can get in the way of effective communication between exes. Parallel parenting provides a way for exes who are not able to communicate directly with each other to still effectively parent and put their children first.

Article on same sex divorce features Keith Schulefand

Divorce and related issues like custody and dividing assets are still relatively new legal concepts for married same-sex couples. Nevertheless, attorney Keith Schulefand has been at the forefront of this issue here in Buffalo and across the region. Therefore, it is no surprise that attorney Schulefand was extensively quoted in a recent Bizjournals article.

Mr. Schulefand was quick to point out that, “I would say it’s no different. It shouldn’t be any different; it’s marriage. It should be irrespective of the gender of the parties.”

What happens to a business in a divorce

Upon the dissolution of marriage, marital assets are divided in a fair and equitable manner. Like it or not, a business qualifies as a marital asset unless it fits into one of the following categories:

  • It was acquired or started before the marriage
  • It was inherited or gifted
  • It is designated as separate by a valid prenuptial or postnuptial agreement

The bird nest parenting plan

Parenting plans can be as unique as the family involved. Often it reflects the needs of the children while ideally balancing the schedules of the parents. Traditionally speaking, weekly arrangements can be broken down by alternating blocks of days, a weekday at one home and weekends at the other, or perhaps there are holidays and several weeks in the summer if the parents no longer live near each other.

One variation that has recently gotten a lot of attention in the media is the "nesting" or the "bird nest" approach. This coparenting arrangement keeps the children in the family home while the parents rotate in and out for their agreed upon parenting time. There may also be a second home or apartment that they also share when they are not with the kids. This premise has even been the theme of Splitting Up Together, which is a TV show that places in the off-duty parent in an apartment over the garage.

Are children of high-income families hit harder by divorce?

Divorce is stressful for every family as everyone adjusts to a new way of life. Children may have the hardest time with this period of adjustment, especially when the parents are going through a high-asset divorce.

Research shows that children of divorcing parents with high incomes may exhibit more negative behaviors than children of divorcing parents who had medium to low-incomes.

Professor who attempted to hide assets sentenced

A University of Minnesota professor made national news in September when he was convicted of providing his wife with several forged papers as part of their divorce. These documents reduced the stated size of their retirement account from the actual amount of $891,116 to $745,012. He omitted the fact that there was a second retirement account. All told, the wife would have lost about $353,649 if she had not notified the police that he was providing false numbers.

The judge handed down the sentence

How to prepare a postnuptial agreement

There are many reasons for couples to create a postnuptial agreement, but the most common is to smooth over or formalize an issue that is a source of tension in the marriage. With financial issues being a top reason of why a marriage ends in divorce, often these documents address financial matters.

What a postnup can do

How will your parenting plan look during the holiday season?

Couples with kids traditionally wait until after the holidays to file for divorce. Unless the divorce is drawn out, this will be the last holidays as a couple, which can prompt both parents to think about how they want to celebrate the holidays with their kids in the years to come.

Start by asking yourself some questions

Drug testing in divorce and custody cases

It is important to remember that addiction is a disease and not a matter of will or character. Nevertheless, an addicted spouse and parent can destroy a marriage and prove to be an unreliable or unstable force in raising children. Therefore, a spouse may want to request that a drug and alcohol test be administered during the divorce process or if there needs to be a modification of the parenting plan.

The New York Family Court can order a mandatory drug testing where the results are sent to the court and counsel. However, the courts expect some prior evidence to merit a test, such as a DUI or a documented history of drug abuse (although, a history of seeking help can work in the addict’s favor). If the judge sees the request as a flimsy allegation with no real basis in fact, they are likely to consider it harassment of the other side and a waste of the court’s time. If one party requests testing, the judge may also order testing for both parents.

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