Important Issues to Discuss with Your New York Divorce Lawyer
Provided by HG.org
Divorce processes are often complex and difficult depending on how much emotion involved in the proceedings interferes with the resolution. Additional conflict may arise through both spouses attempting to acquire assets, relieve debts or obtain custody of children, and many procedures are necessary before the divorce finalizes.
The complications that transpire through divorce proceedings are numerous. Sometimes, the process may end without any conflict, but this is rare. Even in areas of New York where millions live, the divorce procedure is lengthy and problematic at times. While each divorce may be unique, there are some important issues that require communication and discussion with the divorce or family lawyer hired for the situation. Some primary concerns may resolve around the assets and debts or children. Spousal support could become important on either side. It is crucial to alleviate as much conflict as possible early on to finalize the divorce and dissolve the relationship.
Property Divisions in Divorce
Throughout the life of a marriage, any property, assets and debts may combine or need dividing before the process completes. This may include items acquired before, during and after the relationship. Unfortunately, it is difficult to divide property when neither spouse is willing to admit who owns what. The conflict may escalate when both want the same items or want to cause injury by attempting to take certain objects or accounts. In New York, the division is fair, but it may not provide equal dividing of real estate, assets and liabilities. This may give the primary income earner most or all of his or her assets, but the same may occur with debts.
Spousal Support Details
Most marriages involve one person that earns more than the other. Even in the age of computers and gender equality, the courts may require one individual to provide the other with monetary support. It is important to discuss these matters with the New York divorce lawyer. Sometimes obtaining support could lead to hardship for the other individual. However, when the wife or husband was not earning income, the courts may provide funds to support him or her after the marriage ends. Various factors may increase or decrease the amount supplied. These could include the time the marriage existed, physical and mental health of each, education and career and need.
Child Support Matters
While one spouse may need to provide support to the other, obligations to the child are usually mandatory for both parents. The father or mother that does not hold primary or sole custody usually supports the youth through monetary payments or other compensation. The parent with the custody also must support the adolescent through housing, food, education and other benefits. It is important to communicate with the lawyer about fixed, variable and controlled costs in child support. These may increase or decrease based on numerous factors, and the father or mother may support the child more through attention and a nurturing environment.
Custody and Arrangements
Primary or sole custody and visitation for children of divorce are crucial matters to discuss with a New York divorce lawyer. Without understanding how these concerns would affect the family, it is easier to challenge for custody and not know it harms the youth. Sometimes the child is better off with the other parent that makes more money. The more nurturing environment may involve someone unexpected. It is essential to communicate these concerns with the lawyer. It is equally important to know what primary or sole custody means. If the father or mother has primary custody, he or she may need to share the young person throughout the year. Then, visitation is part of the deal with the other parent.
In these situations, it is critical to incorporate the best interests of the child. Sometimes this may lead to a shared custody where he or she travels to the father or mother throughout the year. Other times, school and other activities prevent certain visitations. Legal and physical custody are separate concerns, and it is important that the lawyer explains these. Discussing the issues could lead to better informed decisions on what to do in the future.
New York Divorce Lawyer Involvement
Because the best interests of the child are important, it is crucial that both mother and father discuss the all possible options available for the divorce. Other matters such as support and division of property may cause conflict and require communication as well. The legal representatives will protect the rights of each spouse.
Read more on this legal issue20 Factors New York Courts Consider When Determining Spousal Support Calculation
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.