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 family lawyers today to learn more about our services.
In Dutchess County, 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:
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.
Among the more complicated features of a Dutchess County divorce are those concerning children from the marriage. When you have minor children, the court will need to make determinations about child custody and child support. As the New York State Unified Court System explains, custody is the parent’s legal right to control the upbringing of her or his child, while visitation refers to the parent’s legal right to spend time with the child.
Child support refers to the amount of monetary support provided by the non-custodial parent. The court system has a standards chart for determining support based on the non-custodial parent’s income and the number of children.
When you are going through a divorce or thinking about filing for divorce in New York, you should seek advice from an experienced Dutchess County divorce lawyer. Whether you need help with questions of property division or child custody and support, an advocate at The Colwell Law Group, LLC can answer your questions today. Contact us for more information about the services we provide.
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