If your ex is homosexual, this may influence your divorce. A court certainly cannot discriminate against your ex based on sexual preference, but the irregular state laws may complicate your child custody agreement.

The custody agreement is largely dependent on where you are getting divorced. Some states do not permit judges to consider sexual orientation when determining custody unless there is evidence that the spouse could bring harm to the child. For non-recognition states, however, judges will determine custody based on what is said to be best for the children. The definition of what is best for them is really according to the individual judge, which may be influenced by their personal beliefs on sexual orientation. Having a homosexual parent can be an additional shock for the child. A judge may therefore feel that this may make the homosexual parent less suitable for raising the child.

You do not need to worry as much if you live in New York, however. New York State treats heterosexual and homosexual relationships equally when it comes to child custody. A homosexual parent will be considered in the same way for child custody.

Source: The Huffington Post

New Yorkers are marrying at a later age, and with later marriages, those who choose divorce are splitting up at a later age. A late-life divorce certainly involves different considerations. For example, you may not have to deal with issues of child custody or visitation as your children may now be legal adults no longer living with you. Though children might not be involved, it doesn’t necessarily mean that late-life divorce is easy.

According to a recent U.S. Census report, less first-time married couples are lasting until their 25^th (or later) anniversaries. Many couples choose divorce later on because they realize they want to make the most out of their life, and know that their relationship is no longer satisfying for them.

Getting divorced, however, brings new considerations. A couple’s investments and assets have lasted longer, and must be divided. A couple will have more homes or businesses that need to be fairly divided. New York courts, being in a state of equitable distribution of assets, will likely split these assets even if one spouse invested more of their own money. New York spouses also have the right to claim a share of pensions, 401(k) accounts and individual retirement accounts even if they are under the name of one spouse.

Another consideration of a late-life divorce is the fact that you are either already retired or close to retiring. You likely do not have the same regular income as you did in the past, so your divorce settlement is key to protecting your future finances.

Source: Wall Street Journal

Marriage counselor Vikki Stark explains seven ways to bounce back from a divorce. Though it certainly takes time for these messages to fully sink in, the earlier you hear them, the better. Here’s what she suggested:

1. Believe that “time heals all:” and know that you will begin to feel better.

2. Accept what happened: understand that the relationship is, in fact, over instead of continuing to work on it.

3. Your partner is now your former partner: he or she now has different concerns, which may not necessarily have to do with you.

4. Know your ex may interpret what happened differently: as Stark states, “the person who leaves often exaggerates any negatives in the relationship to help them feel better.”

5. Realize you may not get the closure you are looking for: your ex may not apologize like you want them to.

6. Change your focus: pay attention to what you are thinking about and worrying about, and try to focus on the future, not the past.

And finally,

7. Celebrate! There are new opportunities that lie ahead, and you never know what can happen.

We have all become so accustomed to the mud slinging and name calling that the media shoves in our faces to exploit the newest celebrity divorce. That’s why the way that Scarlett Johannson and Ryan Reynolds have been handling their divorce is so refreshing.  Its also, exactly what are firm offers in terms of uncontested, no-fault divorce.

The two recently met for dinner in New York City and reportedly had a fun and light meal and were noted to be very friendly with each other. No name calling and no throwing a drink one’s face happened here, just to people who are in the process of getting divorce having a meal together. A civil meal together one may add. This is  far from the norm and this usually not expected behavior of celebrities, but isn’t this a welcomed change of pace?

The pair are not trying to reconcile their marriage and chose to have a friendly chat and discuss their no-fault divorce. Its nice to see such well known names handling a divorce with pride and in a civil manner. This proves that divorce can be handled amicably.

Think about it, at one point in time you and your spouse loved each other, so when the marriage doesn’t work, isn’t it only logical to end on a good note. So Kudos to these two for being an example of the fact that not all divorces are bitter and hateful.

Read the heart-warming story here:

http://pwspoilers.com/ryan-reynolds-and-scarlett-johansson-reunite-in-new-york=5540

The new NY no-fault divorce law became effective on October 12, 2010.  Our office has been receiving an onslaught of calls from clients who are ecstatic about the fact that they can finally get divorced without having to meet any the strict requirements of fault grounds.

This new no-fault law has finally put the power of choice back into the people’s hands rather than allowing the NY government to unjustly interfere in people’s personal lives.  NY, being the last state in the union to adopt a no-fault law, finally has caught up to the rest of the nation.

It is very personally fulfilling to be able to help people easily navigate through their divorce under this new no-fault law.  People who would never have been able to get divorced under the old fault paradigm are finally given the power to get out of failed marriages.

If you are considering a no-fault divorce, please contact our law firm to schedule a free consultation with one of our New York no-fault divorce lawyers.

When searching for a New York divorce attorney be sure to interview numerous candidates.  Its important to find an attorney with the experience and skill required to represent you in your divorce.  Its also important that you feel comfortable talking with him or her and confident in their abilities to handle your divorce.

I dedicate the majority of my practice, The Law Office of David Centeno,  to divorce and matrimonial matters.  I pride myself in running a practice based on professionalism, ethics, client satisfaction and the highest caliber of skill.  I have the hard-earned experience needed to help you get through this difficult period in your life.

I have learned what to look for when working on a divorce, how to negotiate and try to settle the matter without litigation and how to try your case if it must go to trial.  As an experienced NY divorce attorney, I can advise you of the best way to handle your case.

To schedule a free consultation with an experienced New York divorce lawyer, please call (866) 830-2064.

Since NYS has just recently passed the new no-fault divorce law we have been getting a lot of questions about what that means for what was traditionally known as uncontested divorce.

The answer is little to nothing.  No-fault divorce and uncontested divorce are two entirely different animals.

The no-fault law just makes it possible for couples to get divorced without alleging fault.  A no-fault divorce can still be contested (or litigated) in nature if the parties do not agree on the terms of the divorce.  A traditional uncontested divorce simply is where both you and your spouse agree upon all of the terms of the divorce.

So, I will try to simplify.  You can have a contested or uncontested no-fault-divorce.  On the other hand, you can only have an uncontested uncontested divorce, but you will still be able to allege fault or allege no-fault.

The no-fault law only impacts whether you need to allege your spouse is at fault (adultery, abandonment, sexual abandonment, cruel and inhuman treatment, imprisonment) before the court will allow you to get divorce.

If any of this confuses you and you want to know whether you qualify for a no-fault or uncontested divorce, please call (866) 830-2064 to schedule a free consultation.

We have been receiving a ton of phone calls from people asking about the status of New York’s no fault divorce law.

Right now the bill sits on Governor Paterson’s desk.  He has voiced his support for the bill and stated that he intends to sign it.  If he does not sign or veto it by tomorrow it will automatically become law.

The law will take effect sixty days from when he signs the bill into law, or it defaults into a law tomorrow.

There has been a lot of controversy surrounding the no fault divorce law, but the overwhelming support has been winning out.

If you are interested in learning more about New York’s no fault divorce law, please call our NY no fault divorce lawyers to schedule a free consultation at (866) 830-2064.

The New York Times has published letters from readers responding to it recent scathing editorial regarding New York state’s refusal to enact no fault divorce laws.  New York is the only state that requires you to prove the fault of your spouse to legally justify your divorce.

A number of readers wrote in regarding New York’s old-school divorce stance, just adding fuel to the already hot topic.  As a NY divorce attorney, I fully agree with all of the readers comments and believe that NY should change its divorce laws.  Moreover, New York is being challenged to make that change quickly.

If you have any questions regarding your divorce, our law office offers free divorce consultations.  Visit our NY divorce attorney website or call (866) 830-2064.  We offer one of the most affordable divorce rates in all of New York state, just $499.