Key Issues in a New York Divorce
You may not realize the many aspects of your life that divorce will impact. Every case is different, but the majority of couples will address one or more of the common issues in the dissolution of marriage process. Our attorneys deliver a personalized approach to our client needs, so we can help with:
- Asset Distribution: You and your spouse acquired many assets over the course of your marriage, and these items are subject to division in a divorce. New York State law requires an equitable distribution of marital assets, though it is rare to see an exact 50-50 split. Where you can agree with your spouse on property division, it is likely that an Otsego County Family Court judge will approve. However, where there are disagreements, the court will review:
- You and your spouse’s respective ages;
- The length of the marriage;
- Whether alimony will be appropriate;
- You and your spouse’s incomes during the marriage; and
- The other assets you own as separate property.
- Spousal Support: Generally, a court will order alimony so that one party can live the same or similar lifestyle had the marriage not ended. This concept typically leads to the higher earning spouse paying spousal maintenance to the lower earning party. Gender is not a consideration, though the wife historically receives alimony where she contributed to the household or raised children.
Divorces Involving Minor Children
Children are a paramount concern in a divorce case, so New York State law requires courts to order custody, visitation, and support according to the child’s best interests. Under this standard, a judge will look to each parent’s:
- Ability to care for the child;
- Mental and physical health;
- Work schedules;
- Willingness to cooperate on child-rearing issues; and,
- Other factors as provided by statute.
In addition, any history of domestic violence will be considered. If appropriate given the child’s age, his or her wishes may also be a factor.
Contact an Otsego County, NY Divorce Attorney Today
At The Colwell Law Group, our lawyers are happy to assist with all aspects of your divorce and take the stress out of the process. Please give us a call at 518-864-0564 or visit our website to schedule a confidential consultation regarding your case.