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Dutchess County Divorce Law Blog

This isn't funny: Will Arnett files for divorce from Amy Poehler

Fans of innovative television comedies might be more inclined to cry than laugh this week. After a separation of a year and a half, two titans in their field are calling it quits on their marriage. Amy Poehler, the star of "Parks and Recreation," and Will Arnett from "Arrested Development" are finally moving forward on their divorce.

The couple have been married for a decade, even though they have been separated now for some time. They have two sons together; in his divorce filing, Arnett is seeking joint legal and physical custody of the boys.

Woman charged with fraudulently collecting child support

At its core, divorce is about people. It's not just members of the couple who are parting ways whose lives will change; their children will face a dramatically different landscape as well. As such, in many cases, one party will pay child support to the other in order to maintain a consistent standard of living.

Of course, this is contingent on the other context of divorce: the legal one. Divorce is a legal process, with a legal paper trail and judges' rulings along the way. Without a legal divorce, child support action cannot be enforced, and the marriage is still legally valid.

Pre-divorce prep can be key to better post-divorce finances

Depending on the situation, divorce can take some folks off-guard. While, in many cases, the end of a marriage is apparent to both parties, sometimes a divorce filing can come as a surprise. Even if you are taken aback by your spouse's decision, you can still do your part to make sure that you're on solid financial ground heading into the proceedings.

One important thing to do is to make sure your finances are under your control. This means establishing individual accounts such as credit cards and checking accounts so that you not only are able to handle your own money without interference, but you can work on building and maintaining your individual credit score.

Are you paying alimony to a cohabiting ex-spouse?

After two spouses have come to an agreement about the terms of their divorce, one issue that often continues to be contentious is spousal support. In many cases, the ex-spouse with a support obligation simply stops making payments without an approved modification. In other cases, the ex-spouse receiving support starts cohabiting with a new romantic partner. Today let's consider this second scenario.

An individual with an alimony obligation no longer has to pay if the ex-spouse remarries, but matters can become especially complicated if an unmarried person receiving spousal support begins living with a romantic partner. Often in these cases, the difficulty for the paying spouse is proving that the receiving spouse is actually cohabiting in such a way that warrants the end of the alimony payments.

Divorce settlement leads to dad paying kid's law school tuition

When New York residents are getting divorced, it is crucial to make sure that the divorce settlement is in the best interests of both parties -- and that both parties are willing to abide by it. This may seem like an obvious statement, but some people might be inclined to rush into their divorce settlement for the sake of getting it over with -- not thinking about how they will have to uphold the terms several years down the road.

A New Jersey man recently attempted to avoid footing part of the bill for his daughter's law school education -- in contrast to what his 2009 divorce settlement dictated. He lost his case before an appellate panel in Middlesex County.

Knicks' guard seeks to move divorce to home state

News recently broke of the impending divorce between New York Knicks guard Raymond Felton and his wife of 19-months, Ariane Felton. The divorce papers were filed in the state of New York. However, if the NBA player gets his way the divorce proceedings would transfer to his home state per the couple’s prenuptial agreement.

Prior to marrying, Felton and his wife signed a prenuptial agreement which stated that divorce proceedings be carried out in Felton's home state. However, the prenuptial agreement provided for two caveats stating the agreement would be null and void if Felton either abused or cheated on his wife.

Today, 25 percent of divorcees are age 50 or older

During the course of one's life, there are bound to be numerous ups and downs and changes. When confronted with adversity, many individuals rely upon a spouse and children to bring a sense of security and balance. However, in some cases, a marriage and household that once provided so much joy and comfort can grow to become a source of angst and unhappiness.

For a couple that has been married and raised children together for 20 or more years, change can be difficult. However, when children are grown and no longer live at home, the prospect of living 25 more years with a spouse that now seems more like an acquaintance may be too much to bear. For a growing number of individuals over the age of 50 who find themselves in this type of situation, divorce is a viable option.

All is fair in love, war and alimony...or is it?

Anyone who is currently or has previously gone through a divorce can attest to the enormous emotional and financial toll it can take. When going through a divorce matters related to child custody, child support and the division of property and assets are often chief concerns. What some divorcing men and women fail to realize, however, is the significant positive or negative effect that alimony may have on their lives and financial future.

In theory, in the wake of a divorce, alimony or spousal support is intended to provide financial assistance to the man or woman who earns less than an ex-spouse. While many states are moving towards amending alimony laws, traditionally alimony payments end only when one spouse died or got married. In states where lifetime alimony laws still exist, questions related to whether an ex-spouse is intentionally taking steps to hide the fact that he or she is cohabitating may arise.

When it comes to divorce and child rearing, there are no do-overs

Love and hate are two of the strongest and most blinding of all emotions. An individual who is in love may be quick to dismiss to certain negative attributes of a betrothed that, in retrospect, were obvious. Likewise, a spouse who discovers that his or her wife or husband has been unfaithful may act irrationally when fueled by hatred and resentment. Whatever the case may be, when it comes to divorce, it's best to keep one's emotions in check.

When two parents decide to divorce, emotions often run high and may cloud one's judgement. However, it's important to note that acting irrationally or maliciously out of spite or anger can ultimately backfire and have drastic consequences with regard to child custody and finances.

Deception related to finances often source of marital discord

While a necessity, money is also a major source of conflict in many relationships. This is especially true in a marriage where differing views and opinions regarding money and how it should and should not be spent can cause major discord between spouses. Couples experience even more problems related to money when one or both spouses aren't truthful about purchases and debts.

In fact a recent study conducted by the National Endowment for Financial Education and Harris Interactive, shows that 10 percent of U.S. marriages end because a spouse lied or withheld information about financial matters. The number of couples who divorce over financial fibs isn’t surprising considering that roughly one-third of survey respondents admitted to committing so-called financial infidelity.

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