New York State Divorce Attorney Assisting Clients in Dutchess County
Going through a divorce can be one of the most difficult events in your life. Even if you are anticipating an uncontested divorce and remain on relatively collaborative grounds with your spouse, divorce is a process that is emotionally draining and can impact your physical and psychological health, not to mention your financial well-being. In New York, divorces and related family law issues are governed by several different sections of New York Domestic Relations Law. These laws are complex. Whether you have been married for a few years or decades, divorce is never an easy process, and it is important to have an experienced Dutchess County divorce lawyer on your side who can ensure that you work to obtain the best possible outcome in your case.
The dedicated advocates at The Colwell Law Group, LLC can assist with your case. Contact one of our Dutchess County divorce lawyers today to learn more about our services.
Division of Property and Spousal Maintenance in Dutchess County
In New York State, when a married couple files for divorce, the court will divide their marital property according to a theory of equitable distribution. In some circumstances, this means the property will be divided equally, but equitably does not mean equally—it refers instead to a distribution of property that is fair to both parties. Only marital property will be divided. Common types of marital property that are subject to distribution may include but are not limited to the following:
- Family home;
- Vacation home;
- Motor vehicles;
- Home furnishings;
- Bank accounts;
- Retirement accounts;
- Stocks and other investments; and
Marital property includes both assets and debts of the marriage, and both will be divided. In addition to dividing property, the court will also make a determination about whether spousal maintenance is appropriate. New York law allows for a presumptive award of temporary maintenance, but the court can decide whether spousal maintenance is appropriate on a case-by-case basis.