Many Fulton County couples find themselves in an untenable position where divorce is their only option. If you find yourself in this position, it is important to work with an experienced Fulton County divorce lawyer who can advise you of your legal rights while representing your best interests in court. The Colwell Law Group, LLC, is a family law practice that focuses on resolving tough divorce cases. We can provide you with skilled representation to get you through this difficult time and help ensure that your divorce is resolved in a manner that leaves you better off.
What Legal Issues Need to Be Addressed in a Divorce?
Divorce was traditionally based on one spouse proving “fault” by the other, such as adultery, abandonment, or cruelty. While such grounds for divorce remain on the books in New York, in 2010 the state amended its laws to provide for simpler “no-fault” divorces. Under Section 170 of the New York Domestic Relations Law, a Fulton County judge may grant a divorce if one spouse states under oath that the marriage “has broken down irretrievably for a period of at least six months.” There is no need to prove any misconduct on the part of the other spouse.
Of course, even a no-fault divorce is not as simple as asking for one. In any divorce case, the court must also resolve a number of outstanding issues between the couple, including:
- Distribution of marital property;
- Payment (or waiver) of spousal support or maintenance;
- Child custody and visitation arrangements; and
- Payment of child support by the non-custodial parent.
In many cases, we find that most, if not all, of these issues can be resolved through a negotiated separation or settlement agreement. You may also have an existing prenuptial or postnuptial agreement with your spouse. We can help review the terms of such agreements to determine how they affect your rights in a divorce proceeding.
Our Fulton County Divorce Lawyers Can Help You Through This Process
Many people are reluctant to engage a divorce attorney because they fear it will make their divorce more acrimonious or contested. But we find that just the opposite is true. Having an experienced Fulton County divorce lawyer at your side does not mean you are looking for a fight with your estranged spouse. It means that you are taking the legal process of divorce seriously and want to seek a speedy resolution that benefits all parties.
At The Colwell Law Group, LLC, we provide a number of services designed to facilitate a negotiated settlement whenever possible. In addition to managing all of the paperwork associated with your divorce case, we can handle settlement negotiations with your spouse (and their attorney), draft and review any proposed agreements, and explain the law as it affects your interests. And yes, if negotiations break down, we are prepared to represent you in court during a contested divorce hearing.
Above all, we understand the divorce is a sensitive matter, especially when you have young children or significant financial assets to protect. This is why our Fulton County legal team is dedicated to handling every divorce case with the highest degree of professional skill and discretion. If you are contemplating divorce–or your spouse has already served you with papers–call us at 518-300-4487 to schedule an immediate consultation.