Divorce lawyers can help people work through the emotional intensity of divorce proceedings. Individuals with children and significant assets will likely need lawyers to be very involved in their case.
When choosing an attorney, consider their approach and comfort level. Some attorneys focus on collaboration and mediation, which can save time and money by reducing conflict.
Child Custody
A child custody case can be a contentious issue. This is especially true when there are allegations of domestic violence involved. Generally, judges award custody to the child’s biological parents. However, in some circumstances a stepparent, grandparent or even aunt or uncle may be awarded custody rights.
Those who have legal custody have the right to make decisions regarding a child’s religious upbringing, medical care and other important matters. In cases where the Judge grants joint legal custody, the parents will need to discuss these matters and come up with a mutual agreement. If the Judge gives one parent sole legal custody, only that parent can make these important decisions.
It’s essential that those seeking custody act in a mature and respectful manner. If a parent constantly criticizes the other parent, a Judge will likely see that as an indication of unfit parenting and award the other parent sole custody. It is possible to request a change in custody but it will take proof that there has been a significant change in the circumstances.
Alimony
Alimony is a form of financial support that a judge may award to one ex-spouse after divorce. It is intended to help the lower-earning spouse maintain their standard of living after a marriage ends.
There are various types of alimony, and the amount and duration vary. For example, temporary alimony helps an ex-spouse cover living expenses during the divorce process. It typically stops when the case is completed or when the payee gets a new job. Rehabilitative alimony is paid while an ex-spouse tries to increase their employment prospects by taking classes or other training. This type of alimony is usually limited in duration, but it can last until the paying spouse dies or the recipient remarries.
Permanent alimony is reserved for situations in which an ex-spouse has been out of the workforce for so long that it will be extremely difficult for them to become self-supporting. In addition, a judge may award rehabilitative or permanent alimony for cases involving serious marital misconduct.
Property Division
When a marriage ends, a divorce lawyer can help determine the appropriate division of assets. This includes dividing real estate, investments, bank accounts, personal belongings and debt. Generally, New York courts follow equitable (fair) distribution of property laws. Unfortunately, some spouses try to hide valuable types of property from each other or the court during the divorce process.
It is important to distinguish between marital property and separate property. Marital property generally consists of assets and debts acquired by either spouse during the marriage, including real property, investments, bank accounts, and retirement accounts. Separate property is usually defined as assets owned by a spouse prior to the marriage or given as gifts or inheritance during the marriage.
A judge may consider the duration of the marriage, the age and health of both spouses, the needs of any children involved in the divorce, each spouse’s financial situation, and other factors when deciding the appropriate division of property. It is also important to document all assets and debts and avoid concealing property of value from a spouse.
Separation Agreements
A separation agreement is a legal contract between spouses that addresses matters such as property division, custody and spousal support. A lawyer can help you draft this agreement and ensure it has all the necessary terms. If a party violates an unincorporated separation agreement, the other party may bring a civil suit for breach of contract; if the agreement is later incorporated into a divorce decree, the violation is punishable under contempt of court laws.
A separation agreement can make it easier to resolve issues such as child custody and visitation, dividing marital assets and debts and determining alimony and child support. It also allows a couple to remain legally married for financial, religious or social reasons while they work through their problems without the pressure of a contested divorce hearing. However, it’s important to remember that a separation agreement does not stop either spouse from harassing the other. For this reason, it’s a good idea to have both parties retain their own attorneys so they can get independent advice.עורך דין גירושין בנהריה