How Does Divorce Happen From a Family Law NY Perspective?

The decision to get a divorce is one of the most devastating things you will ever face. Those who are here reading this are probably going through a divorce or do not know how to process the completely legal nuances associated with this decision. Divorce has some positive and negative consequences; this decision can change someone's future, affect their children, and their finances. Do not live with uncertainty and guilt; reach out to a divorce lawyer for help.

How does the divorce process begin in NY?

Divorce can be dramatic and emotionally devastating in a courtroom, but more than that, it is about a decision and a piece of paper. As per the family law NY the process starts like this –

• Spouse or plaintiff files a summons with notice
• Sometimes complaints are filed in the county clerk's office
• Defendant receives these papers for the hearing in the court

These moments can be emotionally charging, especially in the early process. Lawyers have seen clients feel relief or succumb to profound sadness if the attachment is real. If you ever come to this point, you need to understand your rights and obligations.

The core problem the divorce lawyer has to resolve

Getting in touch with a divorce lawyer that Queens Residents trust can offer clarity to this matter and a strategic path forward.

Divorce settlements cannot always happen amicably, but instead are fought aggressively. As per the family law NY, if you are going to get a divorce, then you must address the following fundamental areas.

• Equal distribution of marital assets

New York is an equitable distribution state, but it does not always mean a 50/50 split. The court decides the cut based on the outcome of the case, including –

• The family, home, and other real estate
• Bank accounts, retirement funds, and investments
• Businesses started during or after marriage
• Debts and accountabilities

In the Aronov Family Law NY practice, this provides a lot of financial disclosure and valuation. They work with top financial professionals to make sure asset adjustments and valuation happen fairly, whether through tough negotiation and litigation.

• Spousal maintenance or alimony

Spousal maintenance is not easy, and the court accounts for several factors, such as

• The length of the marriage
• Income and future earning potential of each spouse
• The standard of living during marriage

Nevertheless, the objective is to assist a lower-earning spouse for a period that enables them to become self-sufficient. In the family law NY, this is the most negotiated point and affects both parties and their financial conditions post-divorce.

• Child custody and support

The court will primarily focus on children's well-being because it is the utmost concern. This is also a difficult part of the divorce process.

• Child custody – It is about who is going to get the legal custody of the children and make decisions about his or her education, healthcare, and religion. But there is also physical custody, meaning where the child will live.
• Child support – The child support process is different around here based on the parents' combined income and the number of children, and covers necessities, adds on expenses such as healthcare, childcare, and education costs.

You may feel like these steps are daunting and complicated. But a Divorce Lawyer Queens Aronov Family Law NY, P.C can help you to build a sustainable, practical plan that lowers disruption for your children.

Frequently asked questions

Q: How long does the divorce process take in New York?

A: An uncontested divorce only takes a month, but a highly contested divorce case can go on for a year or more, depending on the complexity of the case.

Q: How is child custody determined in NY?

A: The court will primarily focus on the best interests of the child and decide which parent will become the primary caregiver, the parent's ability to provide a good home, and the parent's willingness to foster a relationship with the child.

Q: How can I prove my spouse did something wrong to get a divorce?

A: Since New York is a no-fault state, you can easily get a divorce based on the irretrievable breakdown of the marriage.

Q: Is there a difference between a legal separation and a divorce?

A: A legal separation enables you to live apart and settle problems of support and property while staying married.

Q: Can I move out of the marital home before the divorce is finalized?

A: No law stops you from moving out of your marital home, but it can affect custody and claim to the home.

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