Monday, April 11, 2011

Should I Stay, Should I Go – What Choices Do I Have?

Divorce, separation, trial separation, separate rooms, brief vacation, or remaining in a state of quiet desperation. These are the choices that cannot be taken lightly. The end result may simply be a much needed time out or it may require a major, life changing and momentous decision.



  • Have you been struggling with marital problems, feeling confused or stuck and not knowing what to do or which way to turn?

  • Do your friends tell you one thing (perhaps, get rid of him or her) while your family reminds you of all the benefits of staying together?

  • Do you avoid sharing your true feelings with anyone because you feel you are protecting your "sacred" marriage?


If you are confused about how to handle your emotional conflicts and sense of deep unhappiness within your marriage, you are certainly not alone. Marriage is often a place of quiet and not-so-quiet suffering. It doesn't have to be that way, but years of not communicating effectively and numerous unresolved hurts and rejections can pay a huge toll on emotional well-being.


When our partner is physically abusive to the point of being dangerous, it becomes so obvious that we need to split. Even then, some partners are reluctant to leave or keep returning when their abuser acts remorseful and promises to change. The decision whether to stay or leave becomes more difficult when the partner is not a bad human being, perhaps is even an exceptionally nice person - to others. Perhaps your partner is successful in business and provides well for the family. Or your partner is a wonderful parent to your children. But you do not feel intimatelyconnected and your heart aches.


Relationships do not always fit into nice neat boxes and definite patterns. In previous generations there were some standard rules and roles for marriage. The man had the role of provider and the woman had the role of housekeeper, childbearer and homemaker. Each knew their role and lived together, often in a state of "quiet desperation."


Times are different now. Roles are not so clearly defined. Women have found their comfort in the work place as well as at home. Women are no longer just living their lives through their children. Women are pursuing their own unique goals and dreams. And men are often enticed by blatant sexual ads, porn sites, social media connections, and invitations to join their friends at Exotic Dance Clubs


Intimate relationships usually begin with physical attraction. Then two people become sexually and emotionally connected and form a bond. When they choose to marry, they often have a deliberate purpose in mind. Perhaps they want to create a family. Perhaps they want to build a business and have another person to do it with and for. Perhaps they want to have the experience of being intimate.


But living together with another person, day in and day out over many years, with all the details of life, can pay a toll on any intimate relationship. Dealing with financial, emotional, sexual, spiritual, mental, and creative needs and demands as well as responding to the influences of often well-meaning family, friends, colleagues and the media, can definitely influence, affect and destroy even the most intimate relationship.


Many of us were never given the tools or the training required to muster through the difficult times, to hold a vision of what we truly want in a relationship, and to love and receive love. The easy solution is to divorce and move on. Separation can be more difficult because we don't have that sense of finality. Staying in the limbo of separation can give couples the space they need toheal their own selves and enough closeness to remain connected. The love can be rekindled over time. Or, with enough time and space, they can freely decide that the relationship is best severed.


Before making a final decision, it is important to seek help in the form of counseling or peer group support. Sometimes the issues that at first appear insurmountable can be viewed in a newlight after just a few small changes. Sometimes the differences and problems feel too great and the kinder solution for both is to split. Give yourself whatever amount of time and whateveramount of assistance you need until you are truly ready to make a clear decision that may impactthe rest of your life.


Sometimes it is best to consult an attorney, even if you later decide not to follow through withdivorce proceedings. For some couples, just becoming clear and knowledgeable about the realities of divorce can cause them to fall back into each other’s arms and decide to try again to make the marriage work.


Brief Bio of Dr. EricaGoodstone for http://www.uncontesteddivorceny.com



Author of Love Me, Touch Me, Heal Me: The Path to Physical, Emotional, Sexual and Spiritual Reawakening, Dr. Erica Goodstone is also a syndicated columnist with hundreds of articles about healing, love and relationships published on such sites as ezinearticles.com, examiner.com, yourtango.com, and selfgrowth.com, to name a few.   

As a Licensed Mental Health Counselor, Dr. Erica helps clients to reconnect their mind and body, heart and intellect, and to recover their passion and purpose in life.  She is a diplomate for the American Association of Integrative Medicine,  the American Academy of Pain Management and the American Board of Sexology.

You can contact Dr. Erica directly at www.DrEricaWellness.com and get her free report entitled: Relationship Success.

Saturday, April 2, 2011

Advantages of Using a Divorce Coach

Did you know that many Matrimonial cases are 'won' or 'lost' because of one parties' behavior during the Divorce action?


It is vital to discuss, plan, prepare and monitor the parties' emotional tenure and attitude during this traumatic time. By doing this, it will help alleviate much of the emotional and financial burden accompanied with the Divorce action , especially if the party chooses to use ancillary court support such as a properly trained Divorce Coach.


The Divorce Coach can assist in bringing the client into a focused strategy and get them to invest in that strategy while being able to provide them with the emotional support and strength to 'bear the storm' and explain the fluidity and procedures of the Matrimonial Litigation, Mediation and/or Collaboration before, during and after the matter has begun or been completed.

Monday, October 18, 2010

No Fault Divorce Comes to New York

Uncontested Divorce in New York just got easier. On August 16, 2010, New York State finally joined every other state in the nation by enacting a no-fault divorce law. Under the new law, which went into effect on October 14, 2010, judges may now grant divorces when a marriage has been “irretrievably broken” for a period of more than six (6) months. Previously, a husband or wife, faced with an uncooperative spouse, could only obtain a divorce in New York if he or she could prove fault-based grounds such as cruel and inhuman treatment, abandonment, or adultery. These restrictions no longer apply under the new no-fault law. Simply put, the new law enables couples to commence an amicable action for divorce without resorting to the more egregious grounds of cruel and inhuman treatment, abandonment, or adultery.

The highlights of the New York no-fault law are:

•A divorce may be granted when the relationship between a husband and wife “has broken down irretrievably for a period of at least six (6) months.”

•In order to commence an action for divorce under the new no-fault law, the parties
must have been married for at least six (6) months.

•Proof that the marriage is “irretrievably broken” is supplied merely by one party stating so under oath (this is provided for in the Plaintiff’s affidavit).

•The court may not grant a judgment of divorce, however, until all the economic issues of the divorce, and all issues involving any children, are resolved by the parties (through a stipulation or separation agreement) or determined by the court.

•The new law is effective October 14, 2010.

For a free divorce consultation with one of our matrimonial attorneys or to start a no- fault, uncontested divorce, contact our offices at (800) 518-0211 today.

Wednesday, July 8, 2009

What is an Uncontested Divorce?

An uncontested divorce is the dissolution of a marriage where the parties involved have worked out the important issues surrounding the divorce without seeking court intervention. Key issues that might be resolved between the spouses include the division of property, child custody and child support.

In New York, as in most other states, individuals may file for divorce without the assistance of an attorney. However, in most cases there are legal consequences that may result from the termination of a marriage which require specialized attention. These issues directly impact your family, children and finances. Whether you choose to go it alone or seek assistance, you should always seek legal advice from an attorney for the Drafting of Orders and/or your Final Judgment of Divorce.

Children in Divorce. If an uncontested divorce involves minor children, one issue that must be decided is which parent will be the custodial or residential parent. That is, which parent will be the primary parent responsible for the day-to-day care of the children. Often the non-custodial parent will be responsible for child support. Child support payments in NY are statutorily required and are calculated based upon a percentage of the combined income of the parties. Depending on how many children are involved, the non-custodial parent will be required to pay to the custodial parent the following percentage of his or her income:

One Child 17%
Two Children 25%
Three Children 29%
Four Children 31%
Five + Children no less than 35%

Spousal Support, Pension Plans and Property Division. If you are asking for spousal support (alimony or maintenance) or a share of the your spouses pension plan, you should seek advice of an attorney. These are issues that often become hotly contested, especially where one party is more financially well-off than the other. It is recommended that you both hire lawyers and/or a mediator to aid in the negotiation in order to reach a fair settlement. If these issue are not resolved between the parties, a judge assigned to the case may be forced to make the decision.

Marital Settlement Agreements. Where divorcing parties have children in common or own a home or any significant assets for that matter, it always advisable to prepare a Marital Settlement Agreement prior to finalizing the divorce. A settlement agreement is essentially a binding contract between a husband and wife which addresses all or most issues surrounding the dissolution of their marriage. Who will have custody of the kids? What visitation rights will the non-custodial parent enjoy? How much spousal support will be paid and for how long? How will proceeds from the sale of a marital home be divided? Who is responsible for medical expenses? These are all vital issues that should be addressed, resolved and provided for in a well drafted agreement.

In conclusion, divorce brings with it a plethora of issues that have far-reaching affects on both your family and finances. There are some issues that might not be easily corrected if not properly addressed. Wise advise-don't go it alone. Seek assistance from a legal professional.

For a free consultation, feel free to contact Yaniv & Associates, PC. We are always happy to assist.

Sunday, April 26, 2009

New York's Affordable Divorce Lawyers

Introducing UncontestedDivorceNY.com - New York’s affordable divorce lawyers. Yaniv & Associates, PC is a boutique law firm focusing on affordable uncontested divorce. This blog is devoted to questions and discussions concerning divorce in New York. If you have questions or seek advice regarding divorce related matters, post your issues here and one of our matrimonial attorneys will respond with insight, suggestions and relevant information.

This blog is intended for informative purposes only. If you have specific questions concerning a particular issue please contact Yaniv & Associates for a free and confidential consultation.