Does Living Together Before Marriage Really Predict Divorce?

Living together before marriage can be a major issue nowadays. The divorce rate is without a doubt increasing as the years go on. One issue leading to this can be rushing to move in together. Its almost like testing your relationship, when in reality, you should know the woman you are going to marry is the woman you want to live with. A lot of younger couples want to live together before marriage and quickly find to learn they may share different values. For example one may be more religious than the other, or one may be dirtier than the other. There are so many things you can learn about someone from living with them, and this can only affect your relationship in the long-term. In order to devote your life to someone you should know everything about them, but that takes time. You may think you know someone when really everything can change before your eyes.

So in order to get to know someone enough to marry them, you really need to stay with them for years. If you date for only a year or so and move in together you’re putting your relationship in jeopardy because that’s not long enough to learn who they are. Theres so many instances where couples start living together and get annoyed at one another, or get sick of their habits, or realize how tough it is to live with someone. Its a huge commitment to share roles with someone else and take on the responsibility of doing everything in unity. For that reason couples who rush to live together don’t realize how big of a commitment it is which leads to problems in their future.

Before settling down with someone you should also be in a position where you are financially stable with a full-time job. The expenses that get thrown on you is something you may not be prepared for. This is an ongoing problem for couples because they may not have a steady job before moving in together, and find its hard to pay the bills. Above all, make sure you know everything about the person you wish to share your life with but don’t rush cohabitation because it is a leading cause of divorces.

Bobby Flay's Bitter Divorce

Let’s face it, divorce is not enjoyable. The life you previously had when married changes and you’re trying to find yourself through a painful situation. It can even be harder as a celebrity, and for celebrity chef Bobby Flay, the divorce roller coaster has affected him the past couple of months. Bobby Flay is a best known American television chef, frequently appearing on the Food Network channel and becoming household name in the food industry.

In recent news, Bobby has been caught in the headlines from his devastating divorce with wife Stephanie March. Bobby filed for divorce in early March from his estranged wife of 10 years, after his spouse questioned him on rumors he was romantically involved with Mad Men star, January Jones in 2010.  The couple spent three weeks living separately until Bobby finally filed. March claims that Bobby never had time for her and the couple eventually grew apart. The separation got messy when rumors swirled about the celebrity chef cheating on his wife for months or even years before their break up. A friend of March’s spoke out about when she found out Bobby was cheating. “She came to my house and was sobbing uncontrollably,” claimed Maia Madison. “She said, ‘I can’t believe the last 10 years of my life have been a lie.” Bobby claims these allegations are false and it was just a false story to insert into the press and to help with his wife’s divorce battle.

Due to many accusations of affairs, Bobby has been low on the radar. The couple’s prenup requires Bobby to pay his wife $5,000 a month, but supposedly March wants to fight it because of the cheating claims. Divorce battles are not a easy process and revolve around an ongoing battle with the last person you want to talk to. Hopefully Bobby and Amanda can get through it.

Being Level-Headed During Divorce

Divorce court often creates more problems than it solves, providing an tense environment where couples end up prolonging the process and losing money because they are often thinking emotionally rather than rationally. Instead of drawing out the process, couples need to realize that what is really at stake during this process is the couple's' finances. If each member of the relationship can think rationally and as positively as possible, neither member will be taken advantage of what will both come out. Think more about what you want to say in your head during this time than what she said or he did, could have you saving money in the long run.

The best way for the couples to save the most money would be to accept what is happening. Divorce can have many couples prolonging and losing money because of using emotion more than rationalizing what really matters which is their own finances. Getting divorced is obviously difficult but holding onto the past and all the problems is what makes divorce last forever. Fighting endlessly will have costs build up as the couple goes in and out of court. Instead of being spiteful, the couple needs to be level-headed and open-minded. If the couple is not, they may try to one up the other and be in control during court, but this only ends up further damaging your finances. This issue can easily be avoided. During the process of divorce, be careful of what your spending is. While some may hold off on spending during a sadden time, others experience excessive spending. Ruining your own finances to try and be vindictive to the other member of the relationship will only hurt yourself. Plan ahead, be careful, know what you're getting into it, and be prepared to end the process as soon as you can.

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

Child Custody

When undergoing divorce, matters of child custody are often both parent’s main concern. Sometimes, one parent wishes to relocate with the children without the other parent’s consent. Fortunately, New York State has strict rules and regulations when it comes to a divorced parent relocating with their children.

If you are recent divorcee, and your spouse threatens to remove your children from the state without you consenting for them to do so, they are in the wrong. New York State does not allow this unless both parents agree, or a court grants the other parent permission to move to a specific location. If they violate this law, you are entitled to pursue legal action against your spouse, as they are your children as well.

If you are on the other end of the dilemma, and wish to remove your children from the state, it is important to involve your ex-husband or wife. A meet outside of court to change the terms of custody can be a huge step forward in the matter. If time allotted for visitation, phone calls, and other kinds of contact is pre-determined, there is less of a hassle in court. It is also important to set pre-determined custody during school vacations. The judge has to approve of this agreement, and once it is signed, it is a binding contract. Any breach of this can result in legal action as well.

If an agreement can not be reached, a court will have to approve of the relocation without the second parent’s consent. This is much more difficult, as several more factors come into the picture. The relocation must be proven to be in the best interests of the child. This could involve an abusive or neglectful spouse, or poor living conditions. Another factor that is beneficial to the cause of the parent who wishes to relocate is an improvement in the quality of life of the child as the reason for your relocation. An example of this would be your a higher paying job in a different area, or a better school district for your children.

It is in the best interest of both parties to remain civil towards each other, as if a court determines that one spouse is relocating just to hurt the other, the ruling will not be in their favor. If an agreement can be reached ahead of time, a court date might not even be necessary. If you wish to relocate with your children, or your spouse is doing so without your consent, Simonetti and Associates are available to provide you with most professional and successful legal defense in the area.

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

What You Should Know About Alimony

Divorce is not easy for anyone involved and unfortunately, is a long and sometimes complicated process with many steps. Custody, separation or property and estate and alimony are some of those inevitable topics of discussion. One feature of divorce is alimony, a legal obligation to provide financial support to his or her spouse before or after marital separation or divorce. In New York alimony is called maintenance, with the purpose to maintain the same lifestyle each spouse had prior to the divorce.

The amount of alimony and which spouse is required to pay it depends on a few factors. Length of the marriage, length of time separated while married, age of spouses at divorce, income, financial prospects of parties, health or people involved and fault in the break up of the marriage are all factors that contribute to alimony decisions. Once the spouse receiving alimony is decided there are a few different types. Temporary alimony is support at separation prior to divorce. Rehabilitative alimony is support given to the spouse that earns less for a given time period until they can get a job and be secure on their own. Permanent alimony is support paid to the lesser earning spouse until death of one of the parties or remarriage of the recipient. Lastly, reimbursement alimony is support given as reimbursement of expenses by spouse during the marriage, like education. In New York specifically we have “pendente lite” or temporary maintenance while the divorce is pending to provide the recipient immediate financial support, this ends when the final order is made by the judge. Post-divorce maintenance is granted to the supported spouse after the divorce action, this ends in death of either spouse or if supported partner gets remarried or cohabits with someone else.

If you are thinking about divorce or in the process it is important to know your rights and the laws pertaining to your situation. A knowledgeable lawyer and support behind you is imperative for your mental wellbeing and clear minded thoughts during this stressful process. 

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

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