Our law firm will represent you with strength and a clear strategy. You will receive personal attention and our lawyers will answer all your questions and walk you through the various aspects of divorce. Our purpose is to help you through this difficult time and advise you honestly and intelligently based on our experience. In addition, we are always searching for ways to settle your case when the settlement is reasonable so you can finalize your divorce and move forward with your life.
Divorce is a difficult process with substantial legal repercussions. It can affect each spouse’s finances, living arrangements, and time with and access to the children. A divorce can be complicated, depending on the length of the marriage, the number and ages of the children, and the nature and size of the couple’s finances. It is essential to retain an attorney experienced in matrimonial law. In a divorce, the parties must resolve the following issues:
- Equitable Distribution: This involves determining what assets and liabilities are marital property (versus separate property) and dividing those assets and debts between the parties. This includes retirement assets and pensions as well as non-retirement assets and liabilities.
- Spousal Support: Spousal support is known as “maintenance” in New York but is commonly referred to as “alimony”. As of January 25, 2016, there is a calculation based on the spouses’ respective incomes that will determine the guideline amount of support. The duration of maintenance is determined based on an advisory schedule that the Domestic Relations Law prescribes. For more detail, please click here.
- Child Custody: There are two types of custody –
- Legal Custody: Decision making on significant issues effecting the children’s well being and upbringing
- Physical Custody: How much parenting time each parent will obtain with the children
- Child Support: Guideline support is determined by a formula. Click Here for more information on the Child Support Standards Act, which determines child support in New York.
- Other Issues: The above issues encompass the main issues but other factors and matters must be reviewed with an attorney such as residency requirements to obtain a divorce in New York; sale and possession of the Marital Residence; Health Insurance issues; Life Insurance issues (often utilized to ensure support obligations); Pension Division; relocation of parent and children; and more.
Sometimes resolving a divorce through the court system is unavoidable. If you and your spouse simply cannot agree on custody issues regarding your children or cannot come to an accord on other major financial issues; it is likely in your best interest to consult with a divorce attorney. Our attorneys are experienced with divorce litigation but always have an eye towards settlement, when practical. Please contact us today to discuss the specifics of your divorce case.
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