Dividing Marital Property
Divorce feels similar to the death of a loved one. As you say goodbye to love and relationship, you can expect there to be tears and some anger. It is essential to act in the best interest of ending things in a civil manner. As NYC attorneys, we know that it cannot always be done. The first thing we must do is divide the assets. Anything that was brought into the marriage is considered pre-marital property. New York recognizes all income and other assets as marital property, and it must be split 50/50.
If you cannot agree how to divide the belongings, the court will do so. Homes are often a significant source of contention. If one party wants to remain in the house, they must buy out the interests of the other side. The same philosophy is used for vehicles. When it comes to bank accounts, cash on hand and retirement, then the 50/50 rules apply. One party cannot remove money or sell off assets once the paperwork has been filed.
Child Custody and Visitation
Child custody and visitation is a large part of many divorces. When there are children involved, things are always sensitive. One parent will be named custodial while the other parent will be entitled to visitation. Expect things to get heated if you have not already agreed on these matters. The court will evaluate the situation and will look at the best interest of the child. If there is a great deal of arguing and contention in respects to the children, then the court will ask a third party to step in.
It is not uncommon for the children to be assigned a guardian ad litem during divorce proceedings. These professionals are trained to look out for the child and their best interest. They talk to the child and ask their wishes as well as interview both parents. The guardian can recommend counseling as well as which home the child should reside. They will visit both dwellings to make sure there are proper sleeping arrangements, and the house is safe. They can talk to other relatives, counselors, the school, and anyone else needed to make the best decision.
The state of New York allows a child to decide where they want to live when they are 14 years of age. Unless the court can find probable cause that the parent chosen is not the best interest, then it shall be presumptive. However, they will also take into consideration parents work schedules to find the best match. Sibling groups are always given precedence to stay together.
Legally Ending A Union
Because there are so many emotions in a divorce, it is best to have a legal representative handling things for you. Sure, anyone can get a packet and fill it out to end their marriage without paying the expense of an attorney. However, very few cases can be dissolved without any disagreements. Most people who file for dissolution have no assets, no money, and no children.
The paperwork and motions that are required in a divorce petition are overwhelming to most people. It is imperative that these documents be filled out accurately and filed promptly. The divorce attorney will work with the other party lawyer to ensure that communication is kept to a minimum between you and your spouse. The goal is to reduce tension as well as keep arguments to a minimum.
One thing that many people are surprised to find is that their divorce lawyer is a shoulder to cry on in uncertain times. We understand that your feelings are all over the place and you may or may not know what to do. Legal advice coming from a third party can be welcomed when everything sees like it is going wrong. Do not try to handle your divorce without an attorney; you need legal help. Get a risk free consultation today.