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Rochester Legal Blog

Five ways to make divorce easier on your children

Children are often the unnamed casualties in divorce. However, there are several ways to make the process easier and less painful for them.

Here are a few recommendations from the Parent's Handbook, produced by the New York State Parent Education and Awareness Program:

What does the term 'grounds' mean in a New York divorce?

When talking about divorce in New York, the term "grounds" means a legal reason. In this state, you can't simply end your marriage because you feel like it. You must have a legally acceptable basis for dissolving the relationship.

According to the New York courts' Domestic Relations Law, the acceptable reasons or grounds for divorce are:

Were you fired for reporting what felt like discrimination?

Discrimination. It's a familiar term, and most employees have a general idea of what it means in the workplace. However, matching its exact legal definition can be challenging. Most New York workers are considered "at will" employees, which means they can't sue their employers over just any disagreement or dispute. Only a few employees actually have the right to bring a valid discrimination or harassment claim.

But here's something you might not know: Even if you don't have a valid discrimination case, for instance, you may still be able to bring a claim if you were fired for reporting what you thought was discrimination.

Will your divorce be affected by New York's new spousal support law?

Spousal maintenance (sometimes called spousal support or alimony) is a critical component of many divorces. Often, the lesser-earning spouse simply can't support herself or himself without a certain amount of financial assistance. If this is the case, the New York courts may award financial support while the divorce is pending or after it is finalized.

Recently, New York governor Andrew Cuomo approved a new statute that will affect how post-divorce spousal maintenance is calculated. These changes will take effect on January 23, 2016. Here are three important points to note about the upcoming changes:

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