Family Law and Divorce Lawyer in New York City

The law does not require a person to hire an attorney in order to obtain a divorce, however, it is important to realize that even the friendliest  of divorces can suddenly become contentious. This is why it is advisable to consult with a New York divorce lawyer. The assistance of an attorney can be extremely valuable since they can offer legal guidance to protect your rights and navigate the complexities of the divorce process.

If your divorce involves assets, disagreements over child custody, spousal support matters, or intricate financial arrangements, having a lawyer by your side can safeguard your interests and help you achieve the best possible  resolution. Divorces can be emotionally charged situations where tensions run high. Your attorney will advocate for you while maintaining objectivity, helping to minimize potential conflict. Retaining a divorce lawyer increases the chances of reaching a quicker and better  outcome for everyone involved.

Under New York divorce asset division laws, the focus is on equitable distribution rather than an  equal split. This means that assets, debts, and property obtained during the marriage will be divided in a way that is considered fair under the circumstances of your case, but not necessarily equal between both partners. The court takes into account certain factors when deciding how to distribute these assets, including the duration of the marriage, each partner’s contribution to the relationship, their financial situations, and future needs.

While it’s common for property to be divided close to a 50/50 split, there is no guarantee. This is another reason why it is important to have an attorney representing you and making sure you do get your fair share of the marital estate.

When deciding child custody, the ultimate goal of the  judge in a custody case is determining what will be in the child’s best interest. In order to make that determination, there are several factors that the court will examine.

Some of the most common factors include:

• Each parent’s ability to create a safe and loving environment for the child.
• Each parent’s physical and emotional well-being.
• Each parent’s willingness to foster a relationship between the child and the other parent.
• The child’s bond with each parent.
• The child’s wishes (depending on the child’s age).
• Each parent’s ability to meet any special needs the child may have.
• Each parent’s living arrangement situation.
• Each parent’s work schedule.
• If there is any history of abuse, neglect, or substance abuse by either parent.

When creating a parenting plan, the following are some key elements that should be included:

• Your plan should specify how major decisions about the child will be made, including medical decisions, education, religion, and extracurricular activities.
• Your parenting plan should specify which parent the child will primarily live with. If one parent is going to have residential custody, , thenthe  parenting plan should have a detailed visitation schedule.  This schedule should also include holidays, vacations, birthdays, and special days (i.e., Mother’s Day and Father’s Day).
• If the child will be going back and forth between both parents’ homes, then your plan should include how transportation will be handled and detail drop-off and pick-up terms.
• Your plan should also include a right of first refusal. This means that if the child is scheduled to be with one parent but that parent has some type of commitment that will prevent them from being with the child (i.e., a business trip), then the parent must ask the other parent if they want the child with them before making any other childcare arrangements.
• Your parenting plan should also address how communication between the parents should take place and what the process should be for resolving disagreements between the parents or requesting modifications to the current parenting plan.

Spousal support, also referred to as alimony or spousal maintenance, is granted based on a range of factors depending on the circumstances of the marriage. These factors include the duration of the marriage, the financial resources and earning capacities of both spouses, their standard of living during the marriage, and their contributions to the marriage in terms of finances and non-financial aspects.

Additional considerations by the court may involve assessing the recipient spouse’s needs and potential for achieving independence, well as taking into account the age and health conditions of both spouses. The court also may take into consideration any sacrifices made by one spouse for supporting the other’s career or education, or if one spouse faced financial and/or career disadvantages during the marriage due to fulfilling roles such as being a homemaker or caring for children.