If a couple decides to end their marriage, they may file for a divorce in the court of law. The court may decide to terminate their marriage and assign each one of them responsibilities and rights in relation to child visitations, child support and child custody. The court will also distribute their property and assets equally among them.
The distribution of the assets can be very challenging, depending on the circumstances that led to the divorce, place of residence and the location of the assets. Most of the time, disputes arise when the two parties disagree as to who should take which property or asset. This makes the distribution even more complicated.
In order to ensure a smooth process, the court will divide the assets into two schemes. These schemes include equitable distribution and community property distribution. In community property distribution, both partners have equal claims on the assets owned by either of them, regardless which partner acquired them. Similarly, each partner has a claim on the property acquired when they were still married. In this case, community property is divided equally between the two partners, regardless of the level of ownership.
In equitable distribution, assets and earnings that accumulated when the couple were still married are divided fairly, but not necessarily equal. The court may review the contributions of each spouse and come up with a fair approach for distributing the wealth acquired. Some of the things the court might consider in equitable distribution are child support obligations, alimony payments and child visitation.
The terms of divorce are usually determined by the court. The court may sometimes allow the divorcing partners to agree on the terms of divorce through negotiation, which is subject to the court’s approval. The spouses may reach an agreement through mediation or any way of resolving disputes.
In disputes involving children, the court ensures that children are adequately provided for and under the care of their parents. The State of New York requires parents to file a parenting plan or decide on visitation plans through a written agreement. Alternatively, parents can commit to child care during court hearings and after they are legally separated.
Divorce cases are complex. There are a lot of legal jargon to understand and paperwork to handle. It is thus important you look for an attorney who is experienced and reliable to help you make the best choice during this difficult time. A lawyer will take care of any family issues that might arise from the divorce and ensure you get what you deserve. The lawyer will also take care of contentious issues such as child custody, alimony payments and child support. The divorce attorney will also provide you with all the information you need throughout the phases of your divorce process.
When looking for a lawyer, make sure you get someone who is skilled and experienced in divorce law. Avoid attorneys who combine divorce with personal injury, criminal defense or employment law. Someone who does this will not give your case the adequate time and attention it needs. Ask the lawyer to show how divorce cases he has handled so far and their final outcomes.
In addition to experience, look for someone who can be there for you, listen to you and offer moral support. Going through a divorce is a challenging experience that can be emotionally overwhelming.