Going through a divorce can become especially difficult if you have a substantial amount of shared assets with your spouse. If you have accumulated a lot of property and wealth together with your partner, then you will have to somehow decide how it will be divided between the two of you.
If you are unable to come to a fair agreement, a divorce attorney can assist and help you come up with a fair distribution negotiation with your partner. If they refuse to cooperate, then matters can be taken up to a judge.
In New York, property after a divorce is distributed through an equitable method. This means that you and your spouse will not receive an equal amount of assets, but you will receive as much as you deserve according to your contribution over the years. However, if you have a prenuptial agreement, that will be prioritized.
In the case there is no prenuptial agreement, the following will be considered:
- The income and assets of each party when the marriage occurred
- How long the couple was married
- The health and age of everyone involved
- Any custodial needs for parents
- The wasting of assets by either party member
- The future financial circumstances of each party member
The court will look at your individual situation and judging by the information they gather; they will decide who gets to keep how much of the saved money and assets. If a spouse requests alimony, similar factors will be considered with a focus on the earning capacity of each spouse and any loss of earning-capacity a spouse suffered due to trying to maintain the marriage.
For instance, if a spouse stopped their education and was unable to pursue their career in order to stay at home and maintain the house and watch the children, then they may be eligible to alimony to make up for their sacrifice until they are able to get on their feet and earn according to their capabilities.
Filing a divorce on fault-based grounds in Queens, New York
Divorce is usually very straight forward and granted by the court when it is filed on fault-based grounds. This entails if you decide to take a divorce for obvious reasons such as clear physical, mental, and emotional abuse, or due to a fear of you and your children’s safety. The judge will require evidence of specific cases of cruelty in recent years to decide on granting the divorce or not. Other cases such as abandonment and adultery are also valid grounds for a divorce.
You should get in touch with a divorce attorney at the Law Office of Charles Zolot as soon as possible to help you through the divorce process.
You can contact us at:
3706 82nd Street
Jackson Heights, NY 11372
Phone (718) 779-6545
Fax (718) 779-6640