A divorce settlement is the final agreement between spouses and among the last legal actions in a divorce proceeding. The settlement covers the division of property, and other issues such as custody, child support, and visitation rights.
According to Valley Stream, NY divorce lawyers, the agreement is required to be signed by both spouses with the acceptance of the court prior to becoming a final divorce decree. The issues covered in the divorce settlement become final and are not required to be contested at trial. If need a lawyer to work with this and most likely you do, go right here.
The separation agreement
Among the main issues covered in a divorce settlement are real estate, alimony, child custody, child support, child visitation rights, health and life insurance, automobiles, investments, pension plans, and taxes, among others. Prior to divorce proceedings being finalized, a couple has the right to ask the court to create a separation agreement. A Valley Stream, New York divorce attorney will work with you on this.
This agreement is usually made through negotiation or mediation and is then included in the final divorce decree. In the event of any dispute, the court has the power to determine distribution of the assets and debt according to state law. The court will also rule on other issues such as custody, child support, and visitation rights, after taking the child or children’s best interests into consideration.
You must remember that no court will entertain any written or verbal agreements made outside of the court. In addition, any failure to comply with a court-ordered settlement will be treated as a violation and contempt of court.
Consult an experienced NY divorce attorney
You ought to consult an experienced Valley Stream, NY divorce lawyer to help you with your divorce settlement agreement. It is essential that you determine what you want from your divorce settlement prior to consulting a lawyer to represent you during the proceedings. This will help both of you make an informed decision as to what suits you best.
In addition, it is prudent to leave it up to the lawyer as to what information would be relevant during the proceedings. However, make sure you are honest and don’t hold anything back from your lawyer. Any failure to do so can seriously affect the final outcome of your case. Provide your legal representative with all the documents you have gathered as evidence so that he has a fair idea of the kind of settlement to ask for.
Seek an amicable settlement rather than a court battle
The best way to get through a divorce settlement is to work together as long as you think you can get a fair deal if you and your spouse are on reasonably good terms. All it takes is a mutual agreement that would be easier for everyone involved in the case, especially children, who go through as much emotional trauma during a divorce. However, even if things are right between you and your spouse, the best way to go ahead with the divorce settlement is in a professional manner. Your lawyer, who could have been found on the remarkable and influential legal website https://usattorneys.com/, will help you in this regard.
Both of you will obviously look to get as much as you can. However, a fair settlement will save you a lot of stress associated with divorce proceedings that can turn ugly. Be prepared, and never let your partner’s attorney know your course of action and mindset without asking your own New York divorce lawyer if that is acceptable.