Getting divorced is conceivably the most painful and complicated experience you will ever go through. If you have children, own property, perhaps a business, you stand to lose everything. Protecting your rights is a monumental task that is best left to experienced Nassau County Divorce Lawyers.
When two spouses end a marriage, a court will decide how custody of the couple's minor children is divided between the parents. Custody consists of both physical and legal components, which are two different issues for the court to resolve. The court also will decide whether one parent should have sole custody of the children or whether the parents should share joint custody of the children. Consulting a Divorce lawyer in Nassau County, although not a legal requirement, is a "must" if you want to increase your chances of a good outcome in court.
Parents often find the experience of raising a child to be joyful and deeply rewarding. It also can be very expensive. Parents who do not regularly live with their children and who do not act as their children's primary caregiver must help pay for their care and support. The amount of child support typically depends on how much money each parent earns and how much time each parent spends with the child. The gender of the parent makes no difference in who pays or receives child support. Contrary to stereotypes, a court may require the mother to pay child support to the father, particularly when the mother is the higher wage earner and the father has primary custody of the child. Choosing the right divorce lawyer in Nassau County can play a positive role in the outcome of your court case.
Sometimes when a marriage ends, one spouse will continue providing money to the other spouse, even after the divorce. This has traditionally been called alimony, but some states refer to it as spousal support. There are a number of different kinds of spousal support, and spousal support is completely different from child support. However, the custody of children may be taken into account in establishing spousal support amounts. Working with the best divorce lawyers in Nassau County can make all the difference.
Couples planning to get married may consider making a prenuptial agreement. This document, which is also called a premarital agreement, outlines the property owned by each of the future spouses and the property rights available for each spouse if the marriage ends. Sometimes couples will make this type of agreement after getting married, when it is called a postnuptial agreement.
Some legal reasons for divorce in NYS. are; domestic violence, abandonment for one or more years, confinement of a spouse in prison for three or more consecutive years following the marriage, and adultery.
In addition, living apart following a written separation agreement signed by the parties for one or more years is grounds for divorce in NYS.
It is pretty challenging to estimate how much a divorce will cost, but it could be anywhere from a few thousand dollars to well over a hundred thousand dollars.
Even though you are under no obligation to do so, it is wise to consult with an attorney- for any reason you may have to set foot inside a courtroom. This is particularly true of high asset divorces.
The spouse with more income will usually be ordered to pay the other spouse alimony. In a Contested Divorce, the court will decide the amount.
In New York, assets of a marriage are distributed “equitably.” Equitable distribution means courts try to achieve a fair allocation of property based on a list of factors or guidelines set forth by New York State Law.
The time you must be divorced from your spouse before filing in New York depends on your claim grounds. You must have been apart from your wife for a minimum of a year to get a “no-fault” divorce. The settings for your fault-based divorce will determine the duration of your separation.
After the divorce is final, either partner may start using their pre-marriage name once more.
In New York, a marriage can be annulled if:
If your divorce claim is based on the grounds of desertion, you must prove that your spouse left you for at least one year or more. If you depend on the incarceration defense, you must demonstrate that your partner has been in jail for a minimum of three years.
Before filing for divorce based on the grounds of living apart due to a separation agreement between the parties, you must wait at least a year following the execution of the agreement,
The No-Fault statute in New York requires one side to affirm in court that the relationship has been irreconcilable for at least six (6) months.