Nearly all divorce cases have the same basic elements that need to be addressed. Though everyone’s situation will be different based on their details, certain procedural proponents must be considered when a legal divorce is taking place.
Most divorce cases need to address the following areas before they are completed:
- Child custody and child support
- Division of assets and debts
If there are no children involved in the marriage, then the divorce process is a lot more straight forward and often is concluded much faster. Child custody is an extremely sensitive topic, and the best interests of the children need to be taken into consideration before a decision is made regarding who the kids should remain with. The judge will often deem that it is in the best interest of a child to have both parents equally in their lives. However, if one parent is abusive and dangerous, then the children will likely be kept away from them.
It is particularly important to keep in mind that in child custody cases, the evidence is especially important. If a person cannot prove the other parent as abusive with substantial evidence then their opinion may be ignored, or worse, they may be accused of trying to make the other parent look bad.
A family law attorney who understands the legalities of a person’s situation can help them understand their legal rights and help them fight for what is best for themselves and their children as well.
Equitable Distribution After a Divorce in Queens, New York
In New York, the equitable distribution law is followed when dividing the marital property. This means that the assets are not divided 50/50, but they are divided based on what is fair. A lawyer can help a person present their case, so they are given a fair amount of the property based on their situation. However, before the assets can be divided the court must first determine what assets should be divided and they must also be informed of the income and contribution of everyone towards their marriage.
Aside from deciding child support, child custody, and dividing the assets, spousal maintenance or alimony must also be determined. The main purpose of this form of maintenance is to help a spouse achieve financial independence and the support should only continue until the spouse can support themselves fully.
Speak to a divorce lawyer at the Law Office of Charles Zolot today to learn more about the legal divorce process.
Reach us at:
37-06 82nd Street
Jackson Heights, NY 11372
Phone (718) 779-6545
Fax (718) 779-6640