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New York Divorce Law Blog

Child custody cases can be settled just by lighting a cigarette

Action on Smoking and Health, an anti-tobacco organization, has reviewed thousands of child custody cases to see what effect smoking has on a parent's chance to gain custody of their child. According to ASH, a minimum of 18 states cited that smoking is a matter that should be considered when taking on a child custody case.

The findings went further; they show many courts have ruled that a parent cannot smoke within the presence of their child, with an emphasis on this provision being placed when the parent and child are in a vehicle.

Why you should incorporate a prenuptial agreement before marriage

Getting married isn't just one of the biggest personal decisions you will make in your life, it is also one of the most significant financial commitments you will ever make. This is important to consider because finances and marital assets are one of the most common reasons for disagreement in a marriage.

Discussing a prenuptial agreement may sound like a taboo topic to bring up to your spouse, but it is actually a very important - and often beneficial - contract that can protect both people in the marriage.

UK introduces forced mediation proposal; could US follow suit?

Mediation is an alternate route for splitting couples that can alleviate the stressful nature of a divorce and allow for a more flexible post-marriage agreement than a court-mandated ruling. It also gives the soon-to-be-exes an impartial and experienced third party that could provide insight into their divorce proceedings and promote an atmosphere of collaboration.

Because of the positive attributes of divorce mediation, the United Kingdom is preparing to enact forced mediation when a couple files for divorce. It is being considered one of the biggest reforms to the country's family law system in more than two decades.

Divorce rates could spike after the recession ends

A new Slate article that references state and federal divorce rates shows that higher divorce rates can actually be a good thing for the economy. The idea is based on a simple principle - it is financially easier to live with another person than it is to live alone. Splitting bills and sharing resources is efficient and reduces costs.

Because of this, couples tend to stay together during a recession. Similarly, when affluence is the norm, divorce rates go up because such an environment allows people to leave an unhappy marriage or relationship. They can more easily live on their own during good economic times compared to bad economic times.

Kobe Bryant's ex-wife given three homes after divorce

We discussed Kobe Bryant's divorce last month, but this week some details leaked regarding the basketball star's split from his now-ex-wife Vanessa. The Los Angeles Times reported that Vanessa's mother told them the couple did not sign a prenuptial agreement and that her daughter stood to make quite a bit of money should the couple end file for divorce.

Kobe and Vanessa kept the details of their divorce private, but many estimated a $75 million windfall for Vanessa. Now it is known that roughly $18.8 million in real estate was transfer to Kobe Bryant's ex-wife in December, and there could be more on the way.

New York man divorces wife, files suit, wants to recreate wedding

Divorce is an emotional time for the splitting spouses and their families. There are finances, property and other assets to divide, and there are many complicating factors that can arise during proceedings. That is why it is crucial to secure an experienced divorce lawyer to aid your divorce case. A determined legal representative will support your side of the story and make the proceedings run as smoothly as possible.

With that in mind, there is an unusual story unfolding here in New York. A man who married his Latvian wife in 2003 is suing a photography studio for a poorly done job at his wedding. While wedding photography lawsuits do happen, this suit is grabbing headlines because the man is demanding that the studio pay to recreate his wedding in order to get the wedding photos he wants.

Is there a connection between divorce and early death?

A review of old studies by the University of Arizona indicates that the risk of early death is increased when couples file for divorce. The head author of the study stressed that there was nothing definitive about the study, but that by using existing evidence researchers were able to come to a broad conclusion.

This process is known as "meta-analysis," which researchers employ to "study studies" (so to speak) and then draw new information from what they discover. Using information from 32 different studies, the university tracked 6.5 million people for 11 years and found that suffering early death is 23% more likely for those who get a divorce compared to those who are married.

Equal parenting rights given to same-sex couple in Florida

New York is currently one of seven states that allow same-sex couples to marry under the Marriage Equality Act. The movement for same-sex marriage is gaining steam, and laws across the nation are being implemented or altered to offer more rights and equality to these couples. But what happens when same-sex couples split and they have a child? Have state laws regarding child custody in a same-sex relationship kept up with the times?

One Florida case is shedding light on this very question. Two women, who ended an 11-year relationship shortly after having their own child, will have equal parenting rights to their child after a Florida appeals court overturned a child custody ruling by a Brevard County judge who ruled that only the woman who gave birth was the mother.

Mediation: an alternate route for resolving a divorce

Many people think of divorce proceedings and imagine a bitter and unyielding argument between the splitting parties. The husband and wife engage in a no-holds-barred struggle, determining who gets what property, what the legal terms of child custody will be and how various accounts and assets will be divided. The unpleasant feeling left over from these angry disputes bring only extra stress on the splitting couple and undue pain on their children.

It sounds incredibly unpleasant - and the scenario is exactly that. Unfortunately this is the reality for some, but others are finding an alternative way to deal with the split. Divorce mediation is a way for divorced couples to come to grips - and terms - with their impending legal situation.

Kobe Bryant's wife files for divorce, reports say no prenup

He's the highest paid player in the NBA earning a salary of $24.8 million, which more than doubles to an estimated $53 million when endorsement deals are considered, according to Forbes. Further estimates place Bryant's net worth at $150 million.

The figures are staggering and will mean even more to Bryant in the coming months as his wife, citing irreconcilable differences, filed for divorce last week. Vanessa Bryant stands to earn around half of the NBA star's net worth if reports stating that Bryant did not sign a prenuptial agreement are true.

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