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. A Saratoga Springs family lawyer understands what you are facing and is ready to offer legal support and advocacy. Our experienced family attorneys could work with you during this stressful time of transition and prioritize the well-being of your loved ones.
At The Colwell Law Group, we recognize that every family is different. Our Saratoga Springs legal team provides individualized strategies for clients navigating legally, emotionally, and financially complex situations. Whether your case involves business ownership, high-value assets, or custody disputes, we aim to protect your interests at every stage.
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.
Beyond separation and divorce, our lawyers handle modifications to spousal maintenance (formerly known as alimony), child custody orders, enforcement actions, and complex financial disclosures. For example, if circumstances change after a divorce because of a new job, relocation, or changes in income, our family law attorneys can petition the court to modify support or custody orders. As these issues can be complicated, hiring an attorney in Saratoga Springs who has experience in all the subtle nuances of the laws is essential.
New York state allows for “legal separation.” This allows for spouses to stay married but live separately. A separation agreement covers many of the issues in a final divorce decree, including spousal maintenance (formerly known as alimony) 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. New York Domestic Relations Law § 170 outlines both no-fault and fault-based grounds for divorce. The statute includes adultery, abandonment, and cruel and inhuman treatment as fault grounds for divorce. A family lawyer in Saratoga Springs who has experience handling complex family law issues could help someone file for divorce or separation.
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 attorneys often represent professionals, business owners, or their spouses in high-asset divorces. These cases may involve business valuation, retirement assets, multiple properties, and pre-nuptial or post-nuptial agreements. In addition, we may collaborate with financial experts to ensure the parties submit a full disclosure of assets.
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. Pre-nuptials and post-nuptials 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.
Whether you are entering a marriage or reassessing a pre-nuptial or post-nuptial agreement after years together, a well-crafted marital agreement can reduce conflict and preserve your financial autonomy. Our team has the knowledge that is necessary to ensure that any marital agreement complies with New York law and reflects your long-term goals.
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 a child 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.
In complex parenting matters—such as interstate custody, relocation, or allegations of the unfitness of a parent—our Saratoga Springs legal team provides strategizes to ordersafeguard your child/ren’s welfare. We also assist with enforcement of child custody orders or child support orders when one parent is not complying with an order already set by the court.
Separation and divorce can be a challenging time in your life. Your financial future may seem unclear, and you may have concerns about your child/ren and their welfare. A Saratoga Springs family lawyer is ready to help you through this difficult time.
At The Colwell Law Group, we take pride in guiding clients through emotionally charged family law issues with clarity, understanding, compassion, and confidence. Call our team today to start making your way through your family’s transition.
Legal separation allows spouses to live apart and divide responsibilities without formally ending the marriage. Divorce is the legal termination of a marriage and requires a formal court decree.
Yes. It may be possible if certain circumstances change. These circumstances may include changes to income, relocation, or significant changes to your child’s needs. If this is the case, you may petition the court to modify an existing order. Our Saratoga Springs lawyers can guide you through this process.
While not required by law, having a lawyer ensures your agreement is legally valid, clearly worded, and enforceable in court. It may be best for each party to hire their own attorney to avoid a conflict of interest.
The court prioritizes the “best interest of the child/ren,” which includes factors like each parent’s involvement, the child/ren’s needs, and the stability in the home. With child custody issues, having a family law attorney who understands how to work with the court to show what is in the best interests of the child/ren is essential.
Businesses are often considered marital property if started or expanded during the marriage. Our firm works with valuation experts to determine a fair distribution or to offset the value of the business.
Colwell Law
N/a
(518) 462-4242
513 Broadway