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 family law attorneys can navigate you through this stressful time and give you the support you need to make decisions that could impact you for years to come.
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.
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 during the end of a marriage.
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, 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.
Spousal support, 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.
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.
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.
Colwell Law
N/a
518-462-4242