In this article we will fix on divorce laws in force in New York State. For example, simply living apart, without a written separation agreement, or a court judgment of separation will not stand up to New York State divorce laws. You must have a detailed contract, which states that the parties agree to live separate for the rest of their lives, and shall also set forth the rights and duties of the husband and wife with respect to child custody, child visitation, child support payments, distribution of property, and all other matters pertaining to the marital relationship.
Besides, divorce laws in New York State provide for ?maintenance? instead of ?alimony?. Maintenance served as an opportunity for the spouse to achieve independence, where alimony was awarded for the sole purpose of maintaining the wife's prior standard of living. Moreover, New York State is known as an equitable distribution state. Equitable distribution in New York is a method of distributing marital property, acquired by or owned by either spouse during the course of the marriage. This means that the court must equitably distribute all marital property regardless of the manner in which title, or ownership, is held.
Speaking about child support, child custody and child visitation in New York State, special attention should be paid to the following aspects. Divorce laws defines sole legal custody as ?the sum of the rights and obligations with respect to the upbringing of the child?to the exclusion of all others, and to make all decisions regarding the health, education, welfare and religion of the child.? Although child visitation has sometimes been described by the court of appeals as a ?limited form of custody? in actuality this arrangement is only a visiting right granted to the parent, who does not share control of the child's upbringing. Child support is a sum of money paid by the non-custodial parent to assist with the support of his children. It is determined by the combined parental income, multiplied by the appropriate child support percentage. Child support usually ends upon a child's emancipation at the majority age of 21.
Any legal points that are particularly important in each situation should be checked directly in the appropriate law book, or other reliable source to be certain that this is the exact law applicable in the particular state and that the law has not changed. In any case, help of divorce lawyers or divorce attorneys will be needed. The choice of divorce lawyer is very important. Interview several prospective lawyers and/or mediators. Ask for detailed information about training, experience, and philosophy. You may want to review a resume or curriculum vitae. And trust your instincts. Trust, comfort, and rapport are absolutely essential components of a successful attorney-client relationship.
A good divorce attorney can discuss the different legal options you have, when you face a divorce. He/she can give you information as to your options, even if you're not sure about divorce. During a divorce, the families' finances can be examined and divided by the Court. It is important to get legal advice as soon as possible to protect your financial future. If you have a will, living trust, life insurance policies, and other assets with named beneficiaries, it is important that you seek the advice of a divorce lawyer as soon as possible to determine the effect a divorce may have on your estate planning. A divorce attorney can also provide advice to parenting plans that will work in the best interests of your children. In addition, a good divorce attorney can refer you to counselors and therapists, who can help your family get through the difficult times.
Finally, you should not trust the other side to properly explain your rights under the law. You should educate yourself to your rights through a consultation with a qualified divorce attorney. Many attorneys will provide consultation on an hourly basis without the necessity of a big retainer.