Questions in a New York Divorce Case
Divorcing spouses have many questions related to how the process will impact their lives. Some general information may be useful, and our lawyers can provide additional advice on:
- What Happens to Our Assets? Distribution of property is a contentious issue in many divorces. New York State law requires an equitable division of assets acquired during the marriage, which may not mean a 50-50 split. If you and your spouse can agree on asset division, a court will not intervene. In the event of a dispute, a Herkimer County Family Court, court will divide property according to such factors as:
- The age of each spouse;
- Physical and mental health;
- Property and income of each party during the marriage;
- The duration of the marriage;
- Potential spousal support; and,
- Other assets held by each spouse, such as separate property acquired before the marriage.
- How is Spousal Support Determined? Alimony is a sensitive issue in a New York divorce case. Spousal support is intended to help a party live in the same or similar comfort as compared to if the marriage continued; it may also be an opportunity for a person to gain the skills to become self-sufficient.
In general, the higher earning spouse will pay alimony to the lower earning party. Sex is not an issue, though there is a tendency for the wife to receive spousal support if she gave up employment opportunities to contribute to the household or raise children.
Child Custody, Visitation, and Support
New York State law requires courts to determine custody, visitation, and support for minor children according to the child’s best interests. Factors that a judge will consider include:
- Each parent’s ability to provide care for the child;
- The parties’ mental health and physical wellbeing;
- Any instances of domestic violence;
- Work schedules;
- The child’s wishes, where appropriate considering the child’s age;
- The parents’ ability to cooperate with each other on raising the child; and,
- Other factors as designated by law.
Herkimer County Attorneys Fighting for Fathers’ Rights
Our lawyers at The Colwell Law Group, LLC can assist with all aspects of a divorce case, so please give us a call at 518-864-0564. You may also visit our website to schedule a confidential consultation or learn more about our legal services.