Ideally, divorcing spouses would not have to go to court to settle matters such as child custody, spousal maintenance and property division. Divorce litigation is a fact of life, however, and sometimes legal disputes continue well after the divorce is finalized.
New York is a state where, at divorce, marital property is divided "equitably" between the spouses. Basically, "equitable" means "fair," and often marital property is not divided equally.
Child custody and visitation disputes can arise in all different sorts of contexts. When one thinks of such disputes, one probably thinks of battles between recently divorced or separated parents. However, parents are not the only ones who may find themselves fighting for the right to spend time with a child, so too may a child's grandparents.
Recently, the divorce between celebrities Jennifer Lopez and Marc Anthony became official. The former couple has two minor children (6-year-old twins) and the terms of the divorce contain many terms regarding child custody. The terms illustrate how child custody arrangements can touch on many things.
Over a year after separating, Will Arnett and Amy Poehler are heading into the divorce process.
The last few years have been absolutely monumental for the rights of same-sex couples. In 2011, New York lawmakers approved same-sex unions and a 2013 U.S. Supreme Court ruling provided federal recognition for married couples. As a result of the high court's ruling, married same-sex couples will be able to file joint federal tax returns for the first time this year.
Some argue that, historically, judges haven't been putting enough weight on the value of shared parenting when making decisions in child custody cases. People who hold this position argue that having contact with both parents can be very beneficial for a child and that more should be done to encourage joint physical custody arrangements. These arguments have led to some states putting laws in place aimed at getting judges to give greater preference to joint custody arrangements in child custody cases.
New York is one of the states in which same-sex marriages and same-sex divorces are legal. As is the case with any divorce, issues regarding property and finances, such as alimony and division of property, can come up in relation to same-sex divorces. Such issues are sometimes dealt with through settlements. What terms a divorce settlement ultimately ends up containing can have substantial effects on both of the parties in a divorce. Thus, having experienced representation can be important in same-sex divorce settlement negotiations.
Many individuals here in New York saw yesterday's game between the New York Giants and the Detroit Lions. One of the players for the Giants who made a major play in this game recently became embroiled in a child support matter.
One type of dispute that sometimes arises in a divorce are disputes regarding pets. There have been some interesting legal developments in the area of divorce-related pet disputes in recent years.