Customized Representation from a Washington County, NY Divorce Lawyer
Divorce is a challenging, overwhelming proceeding that combines a complicated set of laws with contentious, passionate emotions. Without a legal background, you may be confused about the divorce process, how will impact your future, and what it means for your family. Even worse, you put your legal rights at risk if you do not know what they are and do not take action to enforce them.
Thedivorce lawyers at the Colwell Law Group are dedicated to taking the legal burden of divorce off your shoulders. For more than a decade, we have been guiding clients through complexities of divorce laws and helping them understand the factors that affect the process. Our attorneys assist with all aspects of divorce and family law, especially with the three primary issues that divorcing couples in Washington County and Upstate New York may face.
New York’s Asset Division Laws
Marital assets are subject to division underNew York divorce laws, so much of the property you acquired during your marriage will be distributed. The exceptions would be gifts, inheritances, and previously acquired property that qualifies as non-marital. Asset division is not always an equal split, as the statute focuses on fairness and equity when divvying up such items as:
The marital home;
Vacation residences, investment properties, and other real estate;
Bank and investment accounts;
Cars, boats, and other vehicles;
Collections, like art, jewelry, and furniture;
Interests in a business; and,
Many other assets.
Child Support and Custody
If there are minor children involved with your divorce, their needs will be a core issue in the case. A Washington County Family Court is required to address custody and child support by focusing on the child’s best interests. There are two types of child custody that may apply to your situation:
Physical Custody, which is held by the parent that is caring for the child’s basic needs; and,
Legal Custody, which refers to authority over decision making in important areas of the child’s life.
The preference is for parents to share in these two types of custody, as the law recognizes the benefits to the child in a joint custodial arrangement. In rare cases, such as where there is a history or threat of violence, a court may award sole physical and legal custody to one parent.
Spousal Support: “Alimony”
New York uses the term spousal maintenance to refer to financial support paid by one spouse to the other, both during divorce proceedings and after conclusion of the case. TheNew York State statute provides specific guidelines for assessing whether spousal support is appropriate, and formulas for determining the amount.
Schedule a Consultation with a Washington County Divorce Attorney Today
For more information on divorce, child custody and support, and alimony, please contact the Colwell Law Group to schedule a confidential consultation. Our experienced lawyers can tell you more about your rights and legal options after reviewing your situation. You can reach our firm by calling 518-864-0564, or you cancheck out our website to learn more about our areas of representation.
Get The Best Outcome For Your Children
Learn how to help your kids cope with your divorce with our complimentary guide for parents who are getting divorced or separated in New York.