New York City Business Law Blog

Maintain respect when asking for a divorce

Your spouse has no desire to get divorced. You, however, feel like it's just time to move on. The marriage stopped working a long time ago. Maybe they think it's fine. Maybe they think you can fix it, and you don't. Regardless, the two of you are not on the same page, so you know this is going to be a difficult conversation to have.

When you finally do ask for the divorce, it's important to keep being respectful. Understand that they may be shocked, angry or sad. Don't "attack" them with the news. Try to be compassionate, explain yourself, tell them your reasoning and be as kind as you can be.

Forget about the last-minute prenup

A prenuptial agreement, as important as it is, often becomes something that is all too easy to put off. Maybe you want to ask your soon-to-be-spouse for one, but you're worried about the way they'll react. Therefore, you keep delaying. Finally, when the marriage is a week away and you can't put it off any longer, you bring it up.

You may already have made sure that the prenup will not hold up in court. That's the problem with the last-minute prenup. It's too close to the wedding, and that can force your partner's hand. That's a type of duress, and your spouse can argue as such in court if you get divorced.

Refined tastes may mean unusual assets at stake in divorce

You may have always considered yourself as someone with refined tastes. You may have grown up in an affluent family that influenced those tastes, or perhaps you garnered wealth on your own and then came to enjoy the finer things in life. Whatever the case, you have become accustomed to your lifestyle and do not want anything to unnecessarily disrupt it, especially not your divorce.

You likely understand that high-asset divorce cases can become complicated. After all, you may be at risk of dividing some of your wealth with your soon-to-be ex or losing some assets that you hold particularly dear. As a result, you may be ready to assess your possessions to determine what could take place during your case.

What's the difference between being fired and laid off?

When people lose their jobs, they sometimes use the terms "fired" and "laid off" interchangeably as if they mean the same thing. The person is just saying that they are not employed any longer.

That sentiment may make sense on a basic level. They did lose their job. However, it is important to know that these terms are not the same. They mean very different things, and exactly what happened can have a big impact on what you do after you lose your job.

Cohabitation leads to issues with marital property

Cohabitation is the process of living together without getting married, often prior to marriage, and it is more popular now than it has ever been before. The rates have increased over the years, meaning many couples spend at least some time living in the same home or apartment without tying the knot. Some of them are in long-term relationships and may do this for years.

Eventually, those couples may finally get married, and they could then end up getting divorced. This process can cause some issues regarding marital property and their rights to certain assets when they get divorced.

Does signing a prenup make divorce more likely?

One of the arguments people use against prenuptial agreements is that they think the document will make them more likely to end their marriage. After all, they're already thinking about divorce and planning for it before they're even married. Isn't that a defeatist attitude? Won't the prenup also make it easier to get divorced, so they'll be quicker to pick divorce if things get tough in the marriage?

While these things may be true in specific situations, there is generally no correlation between having a prenup and having higher odds of divorce. In one poll, the vast majority of experts (86%) claimed that signing one had "no predictable impact" at all.

What is casual racism in the workplace?

Though overt racism does still happen from time to time in the workplace, it is far more common to experience casual racism. Workers and employers understand that the overt racist beliefs held in the past are now illegal; whether they feel that way or not, they're far less likely to act on their feelings.

Casual racism, though, still permeates a lot of workplaces and can lead to some very serious issues. How is this different?

Parallel parenting in a high-conflict divorce

More than likely, you had a good reason why you and your future former spouse decided to end your marriage. Perhaps your relationship degraded to the point where you can't even be in the same room together without arguing. Even though you may mourn the loss of what you once had, you may be excited to begin the next phase of your life without your ex-spouse.

The one thing keeping you from enjoying life without your ex is your children. Regardless of the state of your relationship, you still need to deal with your ex-spouse because of them. When you hear about people co-parenting, you probably cringe. The last thing you can envision is having to spend time with the other parent, even if it is for the sake of the children.

Wage garnishment is a drastic step for serious support issues

During your divorce, the court orders your spouse to pay child support. Your child lives with you all of the time. Your ex pays for a short time and then, as you feared, stops making the payments.

You know that this is a violation of the court order. You also know that wage garnishment is sometimes used to force parents to pay. Can you use it in this situation?

2 reasons couples live together after divorce

The reality is that most couples stop living together before or during a divorce. In many cases, one spouse moves out as soon as the couple decides to get divorced, knowing that it takes months for the legal process to play out but also knowing that they can move forward with their own decision before that.

However, some couples take the opposite route. They keep living together while getting divorced, and then they even stay in the same home after the divorce. They're not obligated to do so. Legally, they're no longer connected in any way. But they make that choice. Why would they do so?

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