Albany Divorce Lawyer
Deciding to end a relationship is never easy, and dealing with the issues that arise during a divorce can be challenging. During the process of ending your marriage, you are likely to need the guidance and advice that only an Albany divorce lawyer may be able to provide. Together, you can work toward a resolution that allows you to put the matter behind you and move on to a new chapter of your life.
By enlisting the assistance of an experienced family attorney, you should have the information necessary to make educated decisions about your case. You’re also more likely to have the chance to learn about the full range of options available to you to determine the best strategy for your situation. Taking this step should allow you to embark upon the next stage of your life with confidence and peace of mind.
What Eligibility is Required to File for Divorce Under State Law?
In Albany, individuals cannot file for divorce unless they meet the residency requirements. One requirement of residency, regardless of the location of the marriage, is that one spouse must have lived without interruption in the State of New York for at least two years. A residency requirement could also be met if the marriage occurred in the State of New York and the spouse has lived without interruption in the state for a period of one year.
Additionally, individuals who wish to file for divorce must base their petitions on one of seven grounds for dissolving a marriage under state law. Some of the legal grounds for divorce include:
- An irretrievable breakdown of the relationship for six months or more
- Cruel and inhuman treatment of one spouse by another
- Abandonment for a minimum of one year
- Incarceration of a spouse for at least three years
Other grounds include adultery, confirmed by a witness who is not the other spouse, and an agreement of separation under which a couple has lived for at least one year. Despite these different reasons for ending a marriage, most couples file for a no-fault divorce, which constitutes an irretrievable breakdown of the marriage. An experienced lawyer in the community could analyze an individual’s situation and determine which reason for divorce may apply to a case.
Property Division Following the Dissolution of a Marriage
Marital property is usually any asset that either spouse acquires during the marriage. This type of property may include real estate, retirement plans, investment accounts, bank accounts, vehicles, and other personal items. In contrast, separate property generally consists of assets that either spouse owned before the marriage, whether they obtained them through inheritance, gifts, or purchase.
Domestic Relations Law §236(B) requires that marital property be equitably divided in divorce proceedings. An equitable division of property can mean an equal 50/50 split, but in some cases, courts fairly divide assets based on the financial circumstances of either party. Separate property is not subject to division during a divorce.
Issues Related to Children and Divorce in Albany
When a divorcing couple shares children, the division of property is not the only primary concern. Divorce agreements must contain provisions for any shared children, including terms regarding custody, visitation, and child support.
Both parents have the right to request custody and visitation of their children. Legal custody consists of the legal authority to make important decisions about a child, and physical custody determines where a child may live. When considering a custody and visitation order, the judge must consider the best interests of the child.
Additionally, when a couple ends their marriage, one parent must pay child support to the other. Courts may base child support orders on the combined net incomes of both parents, a specific percentage determined by the number of children the parents share, and the proportion of the net income of each parent to the total combined net income.
Are There Unique Considerations for Same-Sex Couples?
Although divorces are generally conducted the same way for same-sex couples, there may be different rules regarding child custody. They may have to answer questions regarding how the child was conceived, if it was born during the marriage, and whether one or both spouses legally adopted them. Individuals who have significant disagreements about matters related to their children may wish to contact a local divorce attorney for advice and guidance.
Seek Help from an Albany Divorce Attorney Today
Divorce has many legal, financial, and emotional effects on all members of the family. As a result, it is extremely important to have a qualified and seasoned legal representative by your side through every step of the process. An Albany divorce lawyer could assist you throughout these challenging proceedings.
As you learn and grow from your experience, you will get the support that you need. Together, we could work toward building a new future for you and your family. Call today to schedule a consultation.