A Warren County, NY Divorce Lawyer Puts Your Needs First
No one goes into their wedding day with a view to getting a divorce, but the fact is that your relationship may change in the months and years after getting married. The prospect of divorce is overwhelming, especially considering the impact it has on your whole family. The legal process is complicated, emotions can cloud judgment, and there are numerous pitfalls that could negatively impact your rights.
You do not have to face the New York divorce process alone, as our divorce lawyers at The Colwell Law Group will be at your side throughout the proceedings. We have been providing clients in Capital Region and Upstate New York with skilled, knowledgeable legal services in divorce matters since 2005. Our attorneys are here to help you navigate the three primary areas that couples must address during the New York State divorce process.
New York State Laws on Asset Division
Your assets are subject to division in a divorce case, but only those that qualify as “marital” will be split. Any property you held individually before marriage will not be divvied up. New York State law requires an equitable and fair division of such assets as:
- Your family home and other real estate;
- Cars, boats, and recreational vehicles;
- Collections, like art, jewelry, and furniture;
- Bank and investment accounts;
- Retirement benefits;
- Interests in a business; and,
- Many other types of marital property.
Determining Child Support and Custody
If a child was born to your marriage, a Warren County Family Court judge will enter an order on custody and child support as part of your divorce. There are two types of child custody that will be addressed, including:
- Physical custody, which refers to where the child regularly resides; and,
- Legal custody, a term that covers decision making on key areas of the child’s life.
Either of these two types of custody may be shared by the parents, in a joint custody situation. Only in rare cases will a court will award sole custody, as the preferred arrangement enables a child to enjoy a relationship with both parents.