The Latest News Divorce

There are more than 70 million grandparents in the United States. According to the US Census Bureau’s American Community Survey, more than half of these people believe they would do a better job raising their grandchildren than they did raising their own children. Thirteen percent of these grandparents are raising their grandchildren and serve as the primary caregiver for their children’s children.

In order for grandparents to receive custody and even visitation time with their grandchildren, certain conditions must apply. These conditions vary from state to state, but in general, the best interest of the child is the most important factor.

If custody of a child is an issue, courts typically attempt to award it to the mother. If the mother is unavailable or unfit, the next person to be awarded custody is the father. If the father is not an option, grandparents or other blood relations are typically given next priority. In cases where grandparents feel the child’s parents are unfit, the burden of proof is on them to establish the parent is unfit and in most situations, it is extremely difficult to do so. If neglect is found, the court may remove a child from the custody of the parents. Grandparents would then have to qualify for custody. Again the best interest of the child is the Court’s standard. In many instances the Court may appoint a Law Guardian, a legal representative appointed to represent the child’s interests in the proceeding. The Law Guardian will interview and visit all parties home and prepare a report for the Court.

Receiving visitation as a grandparent is easier than receiving custody. Courts take various factors into consideration when determining whether or not to grant grandparents legal visitation, including:

• Needs of the child, including his or her physical and emotional health
• Capability of the grandparents to meet the needs of the child
• Distance between the child’s primary residence and that of the grandparent(s)
• Wishes of the parent(s)
• Wishes of the child, if the child is capable of making decisions on his or her own
• Strength of the relationship between the grandparent(s) and grandchild
• Length of the relationship between the grandparent(s) and grandchild
• Evidence of abuse or neglect
• Ability of the grandparent(s) to provide love, affection, and contact with the child

Ideally, parents are able to work out an arrangement that includes time with grandparents interested in being a part of a child’s life, even after the child’s parents have separated or divorced. However, this is not always the case, especially if the parent’s relationship does not end amicably or the relationship with in-laws was strained when the couple was together. This can be especially problematic in non-traditional families where grandparents are not accepting of life choices, but still wish to play a role in a grandchild’s life.

If you are a grandparent who wants to continue a relationship with a grandchild once his or her parents separate or you are the parent of a child whose grandparents are threatening legal action, it is important to speak with a family attorney. He or she can explain to you the rights of grandparents and determine what action to take to best protect your family.

If you have a legal situation concerning your family and are in need of help, call 631-277-8844 today for a no obligation initial consultation and personal service.

Source:
http://www.statisticbrain.com/grandparent-statistics/

Marriage is a challenge and not all couples are meant to stay together forever. According to the Forest Institute of Professional Psychology in Springfield, Missouri, half of all first marriages end in divorce. Data also shows people are not learning from their mistakes – second marriages tend to end at a rate of more than 65% and nearly one-third of all third marriages end in divorce.

Fortunately, legally ending a marriage and starting a new life is an option, but the process can be complex. If you are considering divorce or you and your spouse have decided the time has come to end your marriage, there are several things you should know concerning your marital rights:

No-Fault Divorce is an Option
No-fault divorce refers to the ending of a marriage where neither party is accusing the other of marital misconduct. If you and your spouse simply grow apart or determine together for whatever reason you no longer wish to be married, no-fault divorce is the best option. Both parties are held equally accountable for the end of the marriage.

Marital Misconduct Plays a Role in Divorce Settlements
Should your desire to divorce arise because of some transgression committed by your spouse, you have the right to assert marital misconduct. This might entitle you to a greater settlement in the divorce. Examples of marital misconduct include abusive behavior, adultery, addiction to drugs or alcohol, or economic fault. Keep in mind these transgressions can also affect child custody, as well as the division of marital assets and spousal support.

It is within the Court’s Power to Force an Attempt to Reconcile
As much as either you or your spouse might want to end your marriage, the court system does have the power to order reconciliation if you or your spouse denies the marriage is irretrievably broken. There are also instances in which an attempt to reconcile is ordered if there are minor children in the family.

Typically, the court delays divorce proceedings for a few months, during which time couples are required to attend counseling or mediation. It does not mean the court can force you to stay married forever, but it can delay the divorce and require that you make an effort to repair your marriage.

If you are considering divorce or you have questions about the best way to end your marriage, it is important you speak with a qualified divorce attorney. He or she can guide you toward the right decisions and ensure your rights are protected during the divorce process.

Have questions about Family Law or need help in this area, then feel free contact attorney SPIRIO at 631-277-8844.

As this article states, it is often difficult when you have trouble in your marriage, especially when it's to the point you're actually thinking about divorce.  However, it doesn't have to be hopeless, and it doesn't have to be irreparable, IF you are willing to put in the time and effort into making reparations and rejuvenating your relationship.

As we have said time and again, marriage is hard work.  It's important to have open, honest communication, and to actually listen to each other, as there is a difference between listening and hearing.

This article discusses several key points on how you can repair your broken marriage.

Selected excerpt(s) and linked article courtesy of Lianne Avila, YourTango(dot)com
Royalty-free photo courtesy of Pixabay

Concetta Spirio.  A Compassionate Collaborative Divorce Attorney, Mediator & Peacemaker Providing The Highest Level of Legal Representation For Over 35 Years.

#Concetta #ConcettaSpirio #ConcettaLaw #SpirioLaw #Marriage #Divorce #RealEstate #Litigation #Wills #Trusts #Estates #Mediation #CollaborativeDivorce #LongIsland #Suffolk #Nassau #Islip #Sayville #LGBT

If you're wondering how to save your marriage when you've been unhappy, you're not alone. People get married with a set of expectations, both conscious and unconscious. Even their decision to marry may not have involved reflection and insight. Sometimes, a combination of outside influences, a lack of soul searching, or an errant thought that it’s time to get married catalyzes a walk down the aisle.

If you're unsatisfied in your marriage, don't stay that way.

Here are 11 sadly common reasons couples stay stuck in unfulfilling marriages.

Selected excerpt(s) and linked article courtesy of Poppy & Geoff Spencer, M.S., CPC, yourtango(dot)com
Royalty-free photo courtesy of Pixabay

Concetta Spirio.  A Compassionate Collaborative Divorce Attorney, Mediator & Peacemaker Providing The Highest Level of Legal Representation For Over 35 Years.

#Concetta #ConcettaSpirio #ConcettaLaw #SpirioLaw #Marriage #Divorce #RealEstate #Litigation #Wills #Trusts #Estates #EstatePlanning #Mediation #CollaborativeDivorce #LongIsland #Suffolk #Nassau #Islip #Sayville #LGBT

Though they don’t have to be, weddings can be costly affairs. According to The Knot, the average cost of a wedding in 2025 was $33,000. Of course, a wedding can cost as little as $50 for a marriage license and simple courthouse nuptials and go all the way up into the millions for the rich and famous, so an average amount doesn’t mean that’s what most average people are spending. But that huge range in costs raises the question: Is there any correlation between what couples spend to get married and a longer-lasting marriage?

Turns out couples who save together, stay together...

Selected excerpt(s) and linked article courtesy of Tod Perry, upworthy(dot)com
Royalty-free photo courtesy of Google's Gemini

Concetta Spirio.  A Compassionate Collaborative Divorce Attorney, Mediator & Peacemaker Providing The Highest Level of Legal Representation For Over 35 Years.

#Concetta #ConcettaSpirio #ConcettaLaw #SpirioLaw #Marriage #Divorce #RealEstate #Litigation #Wills #Trusts #Estates #EstatePlanning #Mediation #CollaborativeDivorce #LongIsland #Suffolk #Nassau #Islip #Sayville #LGBT

This article shows how quickly a relationship can go wrong from the beginning.  Often, we look for someone who is interesting and different.  However, after connecting and developing a relationship, we often then look to change that person to be more like ourselves.  It's never good to enter into a relationship thinking that you can change someone, whether consciously or unconsciously, as it will set the foundation for disaster.

Selected excerpt(s) and linked article courtesy of Sarah Regan, mindbodygreen(dot)com
Royalty-free photo courtesy of Pixabay

Concetta Spirio.  A Compassionate Collaborative Divorce Attorney, Mediator & Peacemaker Providing The Highest Level of Legal Representation For Over 35 Years.

#Concetta #ConcettaSpirio #ConcettaLaw #SpirioLaw #Marriage #Divorce #RealEstate #Litigation #Wills #Trusts #Estates #Mediation #CollaborativeDivorce #LongIsland #Suffolk #Nassau #Islip #Sayville #LGBT

Keeping a primary relationship alive and well requires hard work and dedication. Respecting your partner and being open, honest and objective when conflict arises is imperative. Many would also be surprised how some simple acts of kindness and consideration toward your partner will strengthen a relationship.

Selected excerpt(s), photo and linked article courtesy of Kristine Fellizar & Andrew Zaeh of Bustle.

WHY LEGALIZED MARRIAGE HAS NOT SOLVED ALL ISSUES FOR THE LGBT COMMUNITY

You Do not want to be the first case the Courts interpret on these challenges

 Although the LGBT Community has now been afforded many of the rights enjoyed by the heterosexual community, the legalization of marriage has not solved all the issues and has created different challenges and issues in the event of a divorce. For traditional families and couples, divorce has been a process that is relatively straight forward since it has years of history both in legislation and judicial interpretation.  For the Lesbian and Gay community, we face a great deal of uncertainty and ambiguity since the legalization of marriage is so new for our community and there has not been much case law interpreting divorce of Lesbian and Gay couples. 

 Many couples in the LGBT community have been together for many years sometimes decades before legalized marriage was an option. 

So, what does this mean in the event of a divorce?  Well, the law and the Courts will only look at a marriage, including marital assets and debts, from the date of marriage to the date of divorce.  This means the law DOES NOT consider the relationship that existed prior to the legal marriage.  So where does that leave the lesbian and gay couples that have been a couple for many years before they married and have created and implemented their financial plan for the future.

  From a legal and Court perspective, the Courts do Not address assets and debts that were acquired prior to the marriage.  This creates a unique challenge for lesbian and gay couples that have had a lengthy relationship before a formal marriage.  The courts have yet to address these challenges and you do not want your marriage to be the case of first impression for the courts to decide.  It is very important that you have a seasoned divorce attorney on your side.  It is my opinion that the attorney should have experience within the Lesbian and Gay community to truly understand the issues that face our community.

It is also why I strongly feel that alternatives to divorce litigation such as Collaborative Divorce and Mediation which are extremely important to the Lesbian and Gay community.  These alternative methods let the parties to the divorce customize their agreement and the dissolution of their marriage based on the facts and circumstances of their relationship. 

 There are also many things that the community can do to protect themselves and avoid the event of a nasty divorce.

For all lesbian and gay couples, it is important that they address this challenge. So, what should you do to avoid these challenges? 

• Create a domestic partnership agreement or prenuptial agreement that address all issues in the event of a divorce
• Create a post nuptial agreement that address all issues I the event of a divorce
• If divorce is on the horizon be sure to choose an alternative method to obtain your divorce out of Court such as Mediation or Collaborative Divorce. These methods will keep your lives assets and interests out of the Courts reach.