Although not as difficult or emotionally stressful as a contested divorce, if you are currently on the path toward an uncontested divorce, it is still imperative that you do not hesitate to secure the aid of an experienced divorce lawyer as quickly as you can. There are many different facets of divorce that make it a complex process than can easily be mishandled. As the outcome of a divorce will have a direct impact on your future, you should not hesitate to involve an attorney that you can trust to navigate you through the process.
A contested divorce occurs when the couple cannot agree on the final terms of the divorce. This situation carries the potential for long, drawn-out legal battles over asset division, and the process can be especially difficult when there are children involved. Unless you take action now to protect your personal interests, you could easily end up with a divorce settlement which leaves you at a major disadvantage. Come for a free initial consultation, to learn more about how we can help you.
Nuptial agreements have one purpose: to avoid the costly and painful litigation often associated with equitable distribution disputes. If you are considering a prenuptial or postnuptial agreement and would like to ensure that your rights are fully protected by a legally binding agreement that will hold up in court, you have come to the right place. An attorney at our family law and divorce firm can help you in drafting a nuptial agreement that suits your unique needs. We also offer services to review these agreements and to challenge or defend them in family court as needed. With our extensive divorce experience, we are able to provide invaluable insight and skilled representation for these matters.
In New York, anything owned by the spouses must be accounted for and categorized as either "marital" or "separate" property. Separate property remains with the spouse that is its sole owner and marital property is subject to division.
The more complex and litigated assets are those considered marital property. These comprise any asset acquired or accumulated during the marriage regardless of by which spouse. While some assets are easy to value, such as cash, stocks, bonds, and real estate, some assets are subject to serious litigation. Examples of assets that typically involve complex valuation are future earnings or the value of a business.
Spousal support, also commonly referred to as maintenance, or alimony , refers to monetary payments one spouse makes for a period of time to the other after a separation or divorce. New York divorce and family law seeks to help the dependent spouse, the one receiving money, maintain the standard of living to which they had become accustomed to during the marriage.
The court will look at many factors when deciding a fair payment, including how the marital property will be divided, the length of the marriage, the standard of living while married, the financial contributions of each spouse during the marriage, and the financial needs of the dependent spouse.
In New York custody cases, the Court takes every possible step to minimize negative repercussions on the life of a child. New York judges are encouraged to consider all of the details of the case before making any decision. When deciding custody in New York, judges will look at the following: (1) The health of each of the parents; (2) The child's relationships with other family members; (3) Each parent's ability to care for the child; (4) Each parent's co-parenting abilities; (5) Any allegations of domestic violence.
We recognize that you are going through a tough time in your life and we are here to make sure you are treated with compassion, respect, and honesty.