Family difficulties can be disconcerting, especially when children are involved. If you find yourself facing separation or divorce, you may feel overwhelmed by economic challenges and issues like custody and child support. Our team of Saratoga Springs family lawyers understands what you are facing and is ready to offer legal support and advocacy. Our attorneys could work with you during this stressful time of transition and prioritize the well-being of your loved ones.
Separation and divorce are some of the most common areas in which individuals need legal assistance. Additionally, there are several kinds of written agreements that can affect marriage and divorce. Our team could help someone navigate this as well. These issues can impact people for years, and close attention and legal support are invaluable. Our attorneys in Saratoga Springs could offer an array of legal services for various family law matters.
New York state allows for “legal separation,” which means that spouses can stay married but live separately. A separation agreement covers many of the issues in a final divorce decree, including spousal support and child custody. Parties can file this contract with the court for enforcement purposes, or one party may file a formal complaint for separation. In situations of separation, a couple may try to work on their marriage before legally ending it.
Alternatively, a party must have grounds to file for divorce and end their marriage. State law allows for “no-fault” divorces when a party can show an “irretrievable breakdown” in the marriage. However, there also are several “fault grounds” for divorce, like adultery, abandonment, and “cruel and inhuman treatment.” A Saratoga Springs lawyer who has experience handling family law issues could help someone file for divorce or separation depending on their needs and circumstances.
Ultimately, the final judgment of divorce will address issues like property distribution, spousal support, custody, visitation, and child support. These can be complicated issues with long-term ramifications, especially in high-net-worth or long-term marriages.
Our family law attorneys in Saratoga Springs also frequently help couples draft marital agreements that can be used as a tool for asset protection in the event of divorce. Prenups and postnups are two common types of marital contracts that address financial issues like alimony and the distribution of assets and debt. There are several legal requirements for marital agreements to ensure they are valid and enforceable. Our legal professionals can explain these requirements and the process of preparing one of these contracts.
When a family separates, often the most pressing issues involve children. While courts allow parents to prepare their own support and custody agreements before approval, a judge ultimately has the final say on these matters. The standard for anything involving children is consideration of the “best interest” of the child, and courts view all arrangements through this lens.
There are two kinds of child custody: physical and legal. Legal custody refers to decision-making authority regarding a child’s health, education, and general upbringing. Physical custody determines where a child may live. Parents can share both physical and legal custody, or one parent may have sole custody.
Additionally, the law gives every child the right to financial support from both parents. Courts base child support on a fixed percentage of parental income. Judges use guidelines to calculate the amount of weekly support owed to one parent. Our skilled attorneys can help someone protect their parental rights while fighting for the best interests of their child.
Separation and divorce can be a challenging time in your life. Your financial future may seem unclear, and you may have concerns about your children and their welfare. Our Saratoga Springs family lawyers are ready to help you through this difficult time. Call our team today to start making your way through your family’s transition.
Colwell Law
N/a
518-462-4242