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Buffalo Divorce Blog

Breakups and divorce: Who gets the dog?

Divorcing the person that you thought you would spend the rest of your life together can prove highly emotional. However, once you remove your emotions from the equation, you need to work through untangling your assets and debts so you can move forward with your own life. While you may be able to divide some assets, such as, say, your home equity, without too much trouble, figuring out what to do with others, such as a shared family pet, can prove far more difficult.

Until recently, judges determining who gets to keep the family dog or pet in a divorce would typically view the pet in the same way he or she would other shared property, such as a motor vehicle or work of art. In recent years, though, many states have shifted how they handle pets in divorce, with many of them starting to view the pet more like they would a child, rather than an inanimate object.

Prenups for millennials increase

Divorce has been a constant presence in American society for decades now. It became much more socially accepted decades ago for couples to divorce. However, an interesting trend has developed in recent years, in which the divorce rate has begun to decline thanks, in part, to millennials. 

The reason for this decline appears to be the fact that many millennials marry when they are older. In the past, couples married in their late teens or early 20s. Now, most millennials do not marry until their late 20s or even 30s. While divorces have begun to drop, the rate at which married couples seek out prenuptial agreements has increased substantially. It appears millennials enter marriages knowing the risks, and they are more proactive about protecting themselves should the marriage end in divorce.

What to keep in mind when divorcing an addict

Living with addiction is never easy, especially when it is your spouse. When alcohol or drugs take hold, your partner can seem like a stranger whose actions you fear.

Deciding to move forward with divorcing an addict may seem like a simple solution, but in reality, divorce under any circumstance may be difficult. Divorcing an addict may throw another set of issues into the mix, especially when you still hold out hope for a turnaround.

Why a Facebook divorce is a really bad idea

If you are like most New Yorkers, you probably spend a good deal of time on Facebook and other social media platforms keeping up with your family and friends. If, however, a divorce looms in your future, now would be a good time to limit what you post online. Why? Because your posts could come back to haunt you in court.

Unfortunately, you do not have as much privacy on social media as you think. No matter how carefully you set your privacy settings, many more people can access your information than simply your friends and family. It may shock you to learn that as far back as 2010, two-thirds of divorce attorneys admitted that Facebook represented their best source to discover damaging evidence against their clients' spouses.

Drawbacks to the right of first refusal clause

If you have children and are going through a divorce, you probably understand the importance of having a well-drafted child custody agreement. After all, the agreement is likely to determine how both you and your ex-spouse parent your children. If you want to retain some control over who cares for your kids, you may want to consider adding a right of first refusal clause. 

Put simply, a right of first refusal clause requires a parent who cannot care for children during designated custodial time to offer the other parent the opportunity to care for them before hiring a sitter, asking family members or making other arrangements. While advantages of including a right of first refusal provisions in a custody agreement abound, some drawbacks exist. Here are four possible problems with this type of clause: 

4 facts about spousal maintenance in New York

When your marriage looks like it's coming to an end, there are a variety of issues to consider--property division, child custody, support payments and more. These issues can be overwhelming and often come down to a common factor--money.

If you have made the decision to get a divorce, you may be wondering how you will make ends meet financially. Now that divorce is imminent, it's a good idea to understand how maintenance (or, spousal support) works in New York. Let's take a look at four facts about spousal support.

Update your will and related documents post-divorce

You may have breathed a sigh of relief if you were among those who finalized their divorce in 2018 before the new tax laws went into effect.

However, there is still more to do. You must also be sure to revise your will and other estate planning documents to reflect the changes in your life post-divorce. 

What to know about filing taxes after a divorce

Divorcing your spouse brings with it certain inevitable changes, and one of those changes relates to the manner in which you file your taxes. The government taxes married couples differently from single filers. How you file your taxes will change upon the completion of a divorce.

The more you understand about how divorcing your spouse affects your taxes, the better. Here are some of the key things you should know about filing taxes in the wake of divorce.

Critical steps to take after a divorce

There are many suggested steps to take after a divorce to ensure your new life goes smoothly. These steps include changing a last name back to a maiden name (optional), opening new bank accounts or finding a new place to live. Other items include reviewing various accounts to ensure who the beneficiaries are and ensuring that they are updated. Those accounts include:

  • IRAs and other retirement accounts
  • Life insurance policies
  • Bank accounts

Failing to change the beneficiary designation on these types of assets can lead to confusion in the distribution of the asset and could lead to expensive litigation in the event of death.

What if your parenting plan doesn't fit your holiday schedule?

During your divorce, you and your ex-spouse had to work through some tough issues before finally reaching a custody and visitation agreement. At the time, it appeared to be a good and fair parenting plan.

However, holidays are an exception to regular custody and visitation schedules. There are several scheduling roadblocks that can keep you and your child from getting the most out of your time together if you don't have a holiday plan. What can you do to change this?

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