It goes without saying that divorce is a challenging process. No one gets married with the intention to split up with their significant other. However, since divorce rates are on the rise, and couples are opting to get married later in life when they have more assets and money to their name, many individuals are opting to sign a prenuptial agreement before they get married to protect their assets in the case of a divorce.
During a divorce, both parties need to focus on the financial aspect if they want to officially end the marriage. Many individuals find this difficult because of their current emotional state of mind and that is why a divorce attorney should be hired to keep things in perspective. An attorney will focus on the facts and the numbers while a person takes the time they need to process their situation and plan their next steps in life.
In New York, all the property is divided equitably by the court so both individuals will receive as much as the court believes they contributed to the marriage. The court will also look at how much each partner needs to live a life at a similar standard to what they were living before. Apart from dividing the assets, the amount of child support and alimony will also have to be decided.
Alimony isn’t awarded in every divorce case because the judge has to look through the case and see if the situation necessitates it.
Factors considered when deciding the payment of alimony include:
- Each spouse’s current and future earning ability
- The ability of the spouse to become self-supporting
- Each spouse’s financial contribution to the marriage
- Each spouse’s homemaking contribution to the marriage
The alimony may be provided in monthly payments or as a lump sum. If a person’s circumstances change significantly, they may have the payment amount modified. In many cases, if a person is granted periodic alimony, they will receive it for as long as their marriage lasted.
Speaking to a divorce lawyer in Queens, New York
Anyone who is going through a divorce should make sure they get legal help through the process. Many people give up their rights when they are splitting up because of their emotional state of being. No one should have to give up what is rightfully theirs and an attorney can help them defend their belongings and their assets.
If a person has children involved, then it becomes even more necessary for a person to connect with an attorney to ensure no injustice is done. If one of the parents is abusive and can not be trusted alone with the children, then the other parent will have to fight for custody.
Get in touch with a divorce lawyer at the Law Office of Charles Zolot to get help with the legal process.
Reach them at:
37-06 82nd Street
Jackson Heights, NY 11372
Phone (718) 779-6545
Fax (718) 779-6640