Prenups 101

The dreaded word to most love birds, a prenup. Bringing up the topic alone immediately implies doubt in the relationship and an uneasiness on the future marriage. The partner on the receiving end usually feels anxiety and maybe some disappointment in the suggesting partner. But fear not! a prenuptial agreement is supposed to be a positive thing to protect all parties involved. A prenuptial agreement is should not be seen as pedaling back in the relationship but a step forward toward the commitment of marriage without the worry of “what if’s”.

A prenuptial agreement is a contract two people sign prior to marriage which usually includes division or property and spousal support. Certain circumstances affecting the terms in the contract like adultery may be addressed as well. Guardianship of children is also a very big topic that would be included in a prenup. Marriage is one of the biggest commitments you will ever make and it will have its ups and downs, however, a prenup’s job to alleviate some stressors that can put tension on the relationship. Prenups are not just for marriage purposes, it can be used in the event that a spouse dies. It can be used as a contract to make a will and execute property and estate rights.

Hopefully all goes well you live live happily ever after but it’s always better to be safe than sorry! If you are considering getting married you may want to speak to a lawyer about a prenup or any other questions you have prior to your new commitment. If you don’t think you’re ready to sign a prenup or just want more time to consider your options there are also postnuptial agreements written and signed after matrimony.

Voted Long Island’s Best Divorce Lawyer with over 30 years of experience in Divorce, Child Custody, Adoption, Same-sex divorce, Pre- and postnuptial agreements, Father’s rights, Separation agreements, Protection orders and Meditation. To help keep your legal costs at a minimum, call (888) 429-4459

Protecting Children’s Inheritance In A Second Marriage

Things can be complicated enough when getting married to someone with children already. What happens when you toss money into that factor? What happens when you want to protect your child’s inheritance in a second marriage? The answer is simple. Prenuptial agreement. This is necessary when protecting the intended inheritance of a child from a previous marriage.

If a spouse dies before writing a will; this can have very serious financial consequences for children of the first marriage. If the parent wants his or her child to inherit all or part of a retirement account, there must be a written waiver from their spouse in the current marriage. This is absolutely critical in protecting your child’s inheritance. “Hand-shake agreements” are usually only known between the two spouses when discussing plans to give financial priority to your children from a prior marriage. The future representative given to your surviving spouse is probably not aware of the hand-shake agreement and may disregard any prior obligations.

Without any prenuptial agreement the surviving spouse is not obligated to protect the inheritance of the children from the deceased spouse’s prior marriage. It is important for each spouse to disclose to the other and their attorneys all of their assets. This makes things much easier when a married couple wants to enter a postnuptial agreement and so there are both familiar with each other’s incomes.

Even though spouses can have a trusting and loving relationship, a prenuptial agreement can be essential to bind their legal successors without making them feel uncomfortable. Spouses have every right to protect their estate plans and inheritance of their children from a previous marriage.

Voted Long Island’s Best Divorce Lawyer with over 30 years of experience in Divorce, Child Custody, Adoption, Same-sex divorce, Pre- and postnuptial agreements, Father’s rights, Separation agreements, Protection orders and Meditation. To help keep your legal costs at a minimum, call (888) 429-4459

Should You Consider Mediation?

Getting a divorce can be one of the most stressful times in a person’s life. Between the finding an attorney, negotiating, going to court, the expenses and the harm it does to the family, it all seems very difficult to cope with. There is a simpler option for couples who are willing to work things out in good faith. Mediation is an excellent alternative in settling domestic disputes.

Instead of hiring an attorney for each spouse, a mediator acts as a neutral third party to listen and help negotiate for both sides. The mediator will guide the discussion, allowing for each party to explain their wants and needs and ultimately, come to a conclusion that works for both people. Using mediation, both parties can exercise greater control instead of leaving the decision up to a judge and having to pay high court fees. An added bonus is that you don’t have to have all of your personal life details on public court records.

Mediation isn’t just for couples getting a divorce, it could be for separation agreements or for business partners who are looking to go in different directions.  When both parties are getting what they want, they are more willing to follow through with their agreements and keep an amiable relationship.

Don’t make the process any harder than it has to be, consider using a mediator. It will save you a lot of time and money that you can put to better use. Mediation keeps you out of the courts and leads you to a quicker resolution, what is better than that? Consider using a mediator for your difficult life decisions.

Voted Long Island’s Best Divorce Lawyer with over 30 years of experience in Divorce, Child Custody, Adoption, Same-sex divorce, Pre- and postnuptial agreements, Father’s rights, Separation agreements, Protection orders and Meditation. To help keep your legal costs at a minimum, call (888) 429-4459

How Physical Therapy Can Help Sciatica

Did you know that the sciatic nerve is the largest nerve in the body? Sciatica occurs when the sciatic nerve is irritated. This is a painful condition, but it can be treated with physical therapy. Strengthening, stretching and aerobic conditioning are the main types of exercises used to help heal the pain sciatica causes. The movements of these exercises cause the exchange of nutrients and fluids in the spinal discs. The movement helps to relieve the pressure that runs from the lower spine and down the back of the thigh to the legs and feet.

There are two different types physical therapy treatments when it comes to sciatica, passive and active. To prepare the body for the necessary exercises, the passive treatments are used. This can include deep tissue massages, hot and cold therapies and ultrasound. These treatments are used for relaxation purposes. Once your body is relaxed, the active treatments can be applied.

The active treatment portion includes exercises that are fit to your health and history. The best exercises are the ones that can externally rotate the hip. Examples of exercises that do this are the Figure 4 Stretch and the Pigeon Stretch. Both of these exercises rotate the hips and give you the good stretch that you need. Your physical therapist will choose the exercise program that will best help your condition.

Common causes of sciatica include lumbar herniated disc, degenerative disc disease, isthmic spondylolisthesis, lumbar spinal stenosis, piriformis syndrome, and sacroiliac joint dysfunction. The underlying medical cause will affect what your physical therapist decides to do. Seeing a physical therapist is the best thing to do to reduce the sciatica pain you’re feeling now and to prevent future pain. Exercise and movement will help sciatica pain better than resting!

Lake Country Physical Therapy & Sportscare PC offers the very best physical therapy in Ontario County. We treat all your wants and needs with our trusted and experienced Physical Therapists and staff. To begin to feel pain and stress free, start your Physical Therapy journey today and schedule your evaluation by calling (585) 396-1400.

Business and Pension

Long Island’s Best Divorce Lawyer said this appeal stems from a decision of Supreme Court, Westchester County. In an action for divorce the Supreme Court awarded Plaintiff husband $17,348.80 representing his overpayment of child support, equitable distribution in the sum of $129,175 (which represented one-half of the annual business income from the parties’ insurance business), directed that the federal tax lien levied on the parties’ business was to be shared equally, and 50% of the value of Defendant wife’s pension from date of marriage to commencement of action. Defendant wife appealed.

Over the course of the marriage both parties “made significant contributions to the marriage.” Plaintiff had established an insurance agency and the Defendant worked for Westchester County. Plaintiff’s insurance license had been revoked in 1991, but the couple continued to obtain income from the insurance agency. A Nassau County Divorce Lawyer said because of these circumstances the Appellate Division affirmed the Supreme Court’s ruling as to the division of the income from the insurance agency, as well as the Defendant’s pension for purposes of equitable distribution.

Calculating the value of assets and what each party’s equitable share is during a divorce can be complex. The experienced divorce lawyers at Simonetti & Associates can assist you in securing your fair share.

Voted Long Island’s Best Divorce Lawyer with over 30 years of experience in Divorce, Child Custody, Adoption, Same-sex divorce, Pre- and postnuptial agreements, Father’s rights, Separation agreements, Protection orders and Meditation. To help keep your legal costs at a minimum, call (888) 429-4459