Even if the outcome of a divorce is ultimately in everyone’s best interest, the proceedings can become contentious. A skilled divorce attorney works to make this process as smooth as possible.
When you face the prospect of divorce, you should discuss your legal options with a family law attorney as soon as possible. Your best chance of protecting your rights to marital property and parental responsibilities is with the help of seasoned legal counsel. Let a Poughkeepsie divorce lawyer advocate for you.
When someone decides to legally divorce their spouse, they must indicate why they want to dissolve their union. The grounds for a divorce could impact the length of subsequent proceedings.
While there are several possible grounds for divorce under state law, most divorce proceedings rely on the state’s “no-fault” rule. This type of divorce does not put specific blame on either party. To be legally eligible for divorce, spouses only need to agree that they have been experiencing irreconcilable differences for the previous six months.
There is a higher burden of proof for at-fault divorces that cite grounds such as abandonment or adultery. For example, a person pursuing a divorce on the grounds of abandonment must show their spouse has abandoned them for at least one year. A person seeking a divorce based on their spouse’s incarceration must show the imprisonment has lasted at least three years. A Poughkeepsie attorney could help a spouse select the appropriate type of divorce and explain the requirements for proving these grounds in Court.
Every divorce involves making important decisions about splitting property and custody. There are numerous ways a Poughkeepsie divorce attorney could help protect your rights and improve your chances of achieving a favorable outcome. Some of the areas where the guidance of an attorney is important include the following:
When spouses share children, custody arrangements are essential to the divorce decree. Child custody is one of the few aspects of a divorce that the parties cannot decide on their own, as family law judges must review any decisions to ensure they are in the best interest of the child.
There are two types of custody. Physical custody determines where the minor child will live. Legal custody describes who has the right to make important legal decisions on behalf of the child, including questions of education, religious upbringing, and medical care. A skilled attorney could represent a parent’s interests in these proceedings and advocate for a fair physical and legal custody arrangement.
Judges overseeing divorce cases must divide marital property “equitably,” which does not necessarily mean equally. A legal professional could ensure all assets are accounted for and that both parties participate fairly in splitting this property post-divorce.
In a divorce, Courts have the power to order one spouse to provide ongoing financial support, known as alimony, to their ex-partner. Spousal support is typically reserved for unions where there was a notable wealth disparity. A lawyer could determine whether it is reasonable to request alimony in a divorce case and explain factors that may affect the duration or amount of alimony that is ordered.
Going through a divorce is never easy. Fortunately, you do not have to navigate this process alone. You have the right to hire a legal advocate that will fight on your behalf.
A Poughkeepsie divorce lawyer at The Colwell Law Group could support you and advocate for your needs during each stage of this process. Call today to schedule a complimentary consultation.
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