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Syracuse Family Law Blog

Do you need to live in a state to get a divorce there?

You've been waiting to get a divorce for some time, but you're not sure where you want to file. You think you might move out of state, but you like where you live in New York. One thing that might help you make up your mind is the amount of time you will have to wait to file for a divorce if you move out of the state.

To get a divorce, you need to live in that area for a set amount of time in most cases. There are two exceptions including the states of Washington and Alaska. Most of the time, you'll need to be a resident for at least six months before you can apply for a divorce. You'll need to have proof of residency, so you may want to keep your lease, new driver's license and other evidence handy.

Can I keep my business in a divorce?

Divorce is rarely a simple matter, but for business owners it can be a logistical nightmare. In fact, many business owners do not consider just how much a divorce can devastate their business until the wheels begin coming off the wagon of the marriage.

Unfortunately, the truth is that many businesses do not survive the divorces of their respective owners. Just as a marital home may qualify as marital property in many cases, an unprotected business may face similar division during a divorce settlement negotiation. In the eyes of the law, a business is a complex asset that may involve many other individuals, but it is still an asset.

Living accommodations do affect custody rights

Your living accommodations do have the potential to influence your child custody arrangements. Child custody arrangements are made based on a parent's living conditions as well as other factors when the courts review the case. The court must find that you have acceptable living accommodations in order to grant you custody of your child.

For example, if you are a non-custodial parent of the opposite sex of your child, the court might want to see that your child gets as much privacy as possible including having his or her own bedroom, a private place to get dressed or his or her own bathroom. Older children generally need more space, so the court might not want to see that you intend to have your children share a room if there is a major age discrepancy. Don't worry if you think your accommodations won't fit the court's preference; the court does need to consider other factors like how much you earn and the cost of living in the area.

New debt relief option helps parents behind on child support

Child support is difficult for some people to pay. They may not earn enough to live comfortably while paying what they owe. They may struggle to clothe themselves or eat because of the high cost. Despite this, child support is supposed to be there to help their children.

The government has tried many things to get people to pay, but you can't take wages from someone earning too little to survive on. A new strategy being tried in New York is debt forgiveness. In Westchester County, debt forgiveness is helping some people find better work to pay what they owe.

What should you do if your spouse doesn't want a divorce?

There may come a time in your life where you feel your marriage is simply not working for you. You may mull over the decision and eventually come to terms with the fact that you want to get a divorce. You approach your spouse to talk to him about this, but you're blindsided when he says no.

Can someone stop you from getting a divorce? No, but it can make the process more difficult. Here are a few things to consider if your spouse doesn't want to divorce.

Garnishing wages can help get your the child support you need

If the father or mother of your child is not paying child support as ordered by the court, you do have options to get the money your child deserves. One way that the courts can help you get what you need from the other parent is by garnishing his or her wages. This works the best for people who have a consistent job and employer. It may be hard to garnish wages from someone taking jobs under the table or whose place of employment is unknown.

Garnishments aren't always taken out of a person's wages. Even if you don't know where your child's other parent works, the court can order the garnishment of tax returns or other similar payments from the government or other entities. Employees who have their wages garnished are protected by law, so asking for your child's parent's wages to be garnished should not result in him or her losing his or her job.

5 things women should know about finances, credit and divorce

One thing that almost all divorces have in common is that it can wreck your finances. If you are facing the prospect of divorce, you need to think about the various ways it might impact you financially.

Some women who are facing divorce have always relied on their husband to handle the finances. In these cases, there are some special considerations that you need to think about. Here are some points to get you started:

Why is it important to hire a divorce attorney?

While there are many advertisements for do-it-yourself divorces, the truth is that it's a better idea to contact a divorce attorney. While you can go through the stages of a divorce on your own, an attorney has experience that you don't and can ensure you cover everything required in your settlement and divorce documents.

Having a divorce attorney can help reduce your stress levels throughout the process. You'll know things are being turned in on time and that your divorce is being handled by someone with the education to do so. A divorce is stressful on you and your family, so allowing someone else to handle the legal paperwork can help you relax.

Patenting time: Conflicting activities and your custody rights

When children age, they begin to collect a series of hobbies and activities they enjoy participating in. For some people, that means adding to a growing number of after-school programs. In two-parent families, this isn't a problem, because both parents know where the child is. Both parents can talk to one another and decide if the child can participate in the activity. They both are parents to the child all the time, so there's no stress in not seeing the child for a few hours.

In a divorced family, this is a little different because one parent's decision to allow a child to participate in an activity can conflict with the other parent's visitation or parenting time. When the times conflict, it can cause trouble between the parents and put the child in the middle of a disagreement.

Child support isn't just for necessities

Child support is an important payment made by the parent who is not the primary custodian. This child support payment helps cover many different needs a child has, whether those needs include housing, school-related fees or other expenses. Some people believe that child support should not go to the other parent but instead toward the child completely, but child support isn't designed to work that way.

Child support is a way to shore up a parent's income and to guarantee that he or she has money coming in for his or her child that would have been present already in a two-parent household. It's a dangerous misconception that child support should only cover a child's necessities. Instead, think of child support as a way to maintain and even boost the child's standard of living while with the primary custodian.