Buffalo Divorce Blog

Different issues can require different types of mediation

On behalf of Keith B. Schulefand, Esq. posted in Divorce on Wednesday, October 17, 2018.

Trained mediators usually help the sides find solutions in a collaborative manner as neutral third party. The two parties may engage in mediation on their own volition as part of a positive resolution of a no-fault divorce, or at the direction of the courts to resolve certain parts of the dispute before the court rules on other parts.

Depending on the issue, different approaches to mediation can be weighed to determine the best way to achieve equitable results. These results generally involve less acrimony and are less expensive that courtroom litigation.

Custody tips for fathers

On behalf of Keith B. Schulefand, Esq. posted in Child Custody on Wednesday, October 10, 2018.

The courts generally lean towards some form of joint custody these days. However, nothing should be taken for granted during the divorce process, even if there is a verbal agreement. Moreover, the courts will not grant joint custody if it believes that joint custody is not in the best interests of the children. Reasons for this may be a previous history of addiction, dangerous or detrimental behavior, or threats to kidnap or illegally relocate children.

Below are some tips a father may want to consider to strengthen their case for custody. There are many matters that will need to be addressed, but the father needs to think and act like a loving, caring and attentive parent.

Undisclosed assets could impact post-divorce financial future

On behalf of Keith B. Schulefand, Esq. on Friday, October 5, 2018.

Divorce is a complex process, especially when there are significant assets and wealth at stake. High-asset divorces often involve disputes and contention regarding the appropriate distribution of wealth, and consequently, one spouse may consider hiding assets. Hidden assets lead to unfair and inequitable final property division orders.

If you suspect your spouse is hiding assets in order to retain more marital property and keep you from your fair share, you will find it beneficial to take quick action. This is unacceptable behavior that could negatively impact your financial future, and you can fight back. Due to the complexity of New York divorces involving high-stakes property division and hidden assets, you will find it beneficial to work with a legal professional specifically experienced in these matters.

Who gets to keep the ring if the engagement is called off?

On behalf of Keith B. Schulefand, Esq. posted in high asset divorce on Wednesday, October 3, 2018.

It seems that engagement rings used to be more modest in size. Recent years, however, have seen a major shift where the ring is one part of a destination wedding on an isolated beach in the Caribbean or a big-ticket hometown wedding.

The process of planning and paying for a wedding can cause a lot of stress, even causing some to break off the engagement. While there is a lot of emotional turmoil to sort through, there can be a few financial issues as well, including what should happen to the engagement ring.

College professor convicted of trying to hide retirement funds

On behalf of Keith B. Schulefand, Esq. posted in high asset divorce on Thursday, September 27, 2018.

Part of the process of filing for divorce is creating a list of marital and individual assets. Ideally, the spouses and their lawyers can look at the list and draft a fair and equitable arrangement. While it may be tempting for one side to try to withhold “their money” because “they earned it,” it is a mistake that cause a serious problems for those who are caught.

A University of Minnesota professor made the news after being convicted for trying to hide retirement assets. The man, 57, was charged after providing several forged papers to his ex-wife that reduced the value of his retirement account to $745,012. He also omitted the existence of a second retirement account. After his ex-wife notified the police and her lawyer subpoenaed the financial organization in charge of the account, the actual amount in the accounts was determined to be $891,116. According to the local newspaper, the wife would have lost an estimated $353,649.

Issues unique to grey divorce

On behalf of Keith B. Schulefand, Esq. posted in Divorce on Wednesday, September 19, 2018.

U.S. adults 50 and older now make up 25 percent of the total of divorces each year. Double the rate it was in the 1990s, the so-called phenomenon is attributed to a variety of factors. Each marriage and divorce is different, but there are common of issues specific to couples over 50 that should be considered.

Common reasons for doing it include:

Guns N’ Roses guitarist structures a unique divorce settlement

On behalf of Keith B. Schulefand, Esq. posted in high asset divorce on Thursday, September 13, 2018.

Family law attorneys are a crucial part of any negotiation involving divorce, custody and other common areas addressed during a couple’s split. However, clients must also consider their own priorities during this process. While a judge has to make the final decision during litigation, the two sides should each determine what those priorities are and work towards achieving them.

A generous offer concludes the settlement

Scenarios in which a prenuptial agreement might not be valid

On behalf of Keith B. Schulefand, Esq. on Friday, September 7, 2018.

As you prepare to enter a marriage, you may wish to explore every available option to reduce the chances of conflict within your relationship. Since finances can be a common topic of debate in marriages, you and your soon-to-be spouse may wish to take steps to prevent future arguments.

One tool that could give you peace of mind and protect the financial rights of you and your spouse is a prenuptial agreement. If properly signed and executed, these agreements could be ironclad, but there are some circumstances in which a prenuptial agreement might not be enforceable.

Drafting a post-nup to address the 2018 changes in tax law

On behalf of Keith B. Schulefand, Esq. posted in prenuptial agreements on Wednesday, September 5, 2018.

Many couples prepare for their new marriage by drafting a prenup agreement. The reasons for doing this are as unique to the circumstances of the people involved, but the idea is to start the new union off on with a strong understanding of the financial assets and obligations.

The new Tax Cuts and Jobs Act makes changes to alimony, which many couples will need to address if their divorce is finalized after December 31. It is also smart to address those changes in a postnuptial agreement if a married couple currently has a prenuptial agreement.

What happens if a spouse stops paying maintenance

On behalf of Keith B. Schulefand, Esq. posted in Divorce on Wednesday, August 22, 2018.

Spousal maintenance (aka alimony) is less common these days with dual income families being the norm. Having a spouse who stops paying is nevertheless one problem that still occurs from time to time. A spouse can request a modification based on changing circumstances, such as declining health or a job switch. But both sides must agree if the arrangement is to be altered. In other words, one side can’t simply stop paying.

Penalties for not paying