Divorce is a stressful and challenging time. There is a lot at stake, from the security of your economic future to the custody of children. Using our experience and knowledge, our team of Saratoga Springs divorce lawyers is ready to advocate for you and your family. Our experienced family law attorneys can guide you through this stressful time and give you the support you need to make decisions that could impact you for years to come.
At The Colwell Law Group, we understand that divorce is more than a legal formality. It is a major life change. Our lawyers can offer the legal guidance you need to move forward armed with knowledge and confidence, especially when your case involves complex finances, high-value assets, unintended debt, or disputes over parenting. We are keenly familiar with the unique dynamics of family law in Saratoga County. Our strategy is based on the laws and your specific needs and priorities.
There are various legal reasons for an individual to file for divorce. These reasons may include cruel and inhumane treatment, abandonment, and adultery. However, in a no-fault divorce, the parties simply must show that there is an irretrievable breakdown in their marriage.
Under New York Domestic Relations Law § 170, spouses may file for a divorce based on several fault-based grounds. These are in addition to the widely used no-fault option. The fault-based grounds, according to the statute, may include adultery, imprisonment, abandonment for one year or more, and cruel and inhuman treatment. Our divorce attorneys can help determine which grounds best fit your circumstances and goals.
Regardless of the reason for divorce, many cases involve three significant issues: distribution of assets and debts, spousal support, and matters involving children. Our seasoned Saratoga Springs matrimonial law attorneys could help an individual navigate through all of these divorce issues, as well as other challenges that may arise at the end of a marriage.
We also assist with modifying existing court orders, enforcing divorce judgments, and addressing post-divorce disputes. Whether you need to update a parenting plan or protect your interests in a business or retirement account, our knowledgeable team at The Colwell Law Group is ready to help you navigate through all aspects of these matters.
Equitable distribution is the manner in which a court divides marital property between the two divorcing spouses. Equitable distribution does not necessarily mean that the property will be split 50/50. Instead, equitable distribution indicates that the court must divide fairly between the two parties. How a court may divide property depends on factors such as existing marital agreements, the length of the marriage, the earning ability of the spouses, each party’s age, and the nature of the asset or debt.
Marital assets may include all real estate, personal property, and financial assets acquired during the marriage. Separate property is not subject to division during a divorce and typically includes assets such as inheritance and any previously owned real estate. A seasoned Saratoga Springs lawyer could help someone determine which assets may be subject to division during a divorce.
Our firm routinely handles high-asset divorce cases. These cases often involve complex property portfolios, business ownership issues, and matters regarding professional practices. We collaborate with financial experts to trace assets, evaluate income, and advocate for equitable solutions that reflect the contributions of each spouse.
Spousal maintenance, or alimony, may be appropriate in certain cases. Courts will look at each party’s income and earning ability throughout the marriage, as well as other factors, when awarding alimony. There are four kinds of spousal support available, including:
The facts of each case will shape the amount and duration of an alimony award.
Our attorneys in Saratoga Springs also evaluate how spousal maintenance interacts with equitable distribution. In addition, we can consult with you if there are any special tax implications to be considered, with the help of tax experts if necessary. For higher-income earners or non-working spouses, spousal support can be a crucial part of post-divorce financial stability. We will analyze documents and ensure that all financial submissions are accurate and complete.
Courts are vigilant when protecting and promoting the health and welfare of children. Therefore, they make all decisions based on the child’s best interests.
Courts prefer that parents make their agreements, but if they cannot agree, a court may enforce a 50/50 split of custody. If one parent is the primary custodian, the other parent has the legal right to visitation. The courts prefer parents to come up with appropriate arrangements, but they will enforce a visitation schedule in the absence of agreement.
State guidelines calculate the amount of child support one parent owes the other. The parent of primary custody receives a weekly amount of financial support based on these guidelines, which consider the time spent with each parent, each parent’s income, and other statutory factors. An experienced divorce attorney in Saratoga Springs who is familiar with the guidelines regarding the dissolution of a marriage could help with custody and visitation agreements or disputes.
In addition to initial support and custody arrangements, our legal team assists with relocation cases, enforcement of parenting time, and modification of orders as children grow and needs evolve. We are committed to helping you protect your parental rights and foster a stable environment for your children.
The final judgment of divorce incorporates obligations that can last decades. The welfare of your family may depend on what transpires in the divorce process. It is best to retain the advocacy of a Saratoga Springs divorce lawyer who could help chart the course of your family’s future. Do not hesitate to reach out to our matrimonial law team for legal support and advice in a challenging time. Call today to learn more about how an attorney could help your situation.
At Colwell Law Group, we provide experienced guidance for individuals navigating divorce in Saratoga Springs and throughout Upstate New York. Whether your divorce is amicable or contentious, we are committed to protecting your future. Contact us now to schedule your complimentary consultation.
A no-fault divorce only requires one spouse to claim an irretrievable breakdown of the marriage. Fault-based divorces require proving grounds such as cruelty, abandonment, or adultery pursuant to Domestic Relations Law § 170.
Yes. If both parties reach a full agreement, the divorce can be finalized without a trial. Our attorneys often negotiate out-of-court settlements or use mediation to help you avoid drawn-out litigation.
If a business was started or expanded during the marriage, it may be considered marital property. Our firm works with valuation professionals to assess and equitably divide or offset the value of the business.
Hiding assets is against the law. We use discovery tools, subpoenas, and financial experts to uncover undisclosed property and ensure a fair distribution.
Yes. Child custody or child support orders can be changed if there is a change in circumstances. This may include relocation, changes in income, or a child’s evolving needs.
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(518) 462-4242
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