If you reside in Queens, and your marriage has reached a juncture at which divorce is on the table, you understandably may now wonder about your legal rights. If you are like most people, particularly if you’ve never been through a marriage dissolution case, you likely also have many questions about divorce law and proceedings in the Queens Family Court.
One area in which you may have specific questions is in regard to divorce separation agreements. You do need to have an essential understanding in regard to marriage dissolution settlement negotiations and agreements that follow. In addition, you need to recognize that you can obtain detailed information on such an issue from skilled, experienced Queens separations agreements lawyers.
Divorce Settlement Agreements
The content of a divorce settlement agreement depends on the specific facts and circumstances underpinning a particular marriage dissolution case. With that said, a typical divorce settlement agreement addresses a myriad of issues, that include:
Divorce Settlement Agreement and Child Custody
Issues involving children can prove to be emotional and complex. With that understood, the judges of the Queens Family Court, and New York law more generally, encourages a divorcing couple to reach agreement regarding issues pertaining to children, including child custody. The theory is that children benefit from parents who are able to co-parent during and after a divorce.
Although parents are encouraged to work out a custody arrangement between themselves, the court remains involved. New York law mandates that any decision regarding child custody be in the best interests of the child. This rule applies even when parents negotiate a custody agreement on their own.
Once an agreement regarding custody is completed between parents, it is included in the broader settlement agreement and submitted to the court for review. The court will nearly always adopt the custodial arrangement created by the parents, unless it clearly is not in the best interests of a child. An example of an agreement not in the best interests of the child would be one that grants residential custody to one parent, and sharply limits the ability of the noncustodial parent to have visitation or parenting time with that child, without a substantial reason for taking this approach.
Division of Assets and Debts in Divorce Settlement Agreement
New York law maintains what is known as the equitable division or equitable distribution standard when it comes to assets and debts in divorce. According to this standard, the manner in which the assets and debts of a marriage are distributed must be just and equitable under the circumstances at hand.
Fair and equitable does not mean that the division must be equal. Rather, the specific circumstances of the parties and facts of the case dictate a fair distribution of assets and debts.
Generally speaking, a settlement agreement must abide by this standard when it comes to property and debt. A judge will review a settlement agreement to ensure that the distribution of marital assets and debts is fair and equitable.
Hire Queens Separation Agreements Lawyers
Hiring a Queens separation agreement lawyer begins with an initial appointment with an experienced family law lawyer. During this preliminary consult, legal counsel will evaluate your situation and case. You will be able to get answers to any questions you have regarding property, debt, and other divorce-related issues. As a general rule in New York, there is no fee charged for an initial appointment with a family law attorney to discuss the elements of a divorce case.