When two people decide their marriage isn’t working, they may file for divorce right away. However, others may opt to separate and then divorce down the road if reconciliation is no longer a viable option. For you and your spouse to make the decision that works best for your situation, you first need to understand what the differences are between the two options.
In New York State, alimony is known as spousal maintenance. This is defined by the NYS Unified Court System as “support paid by one party to the marriage for the support of the other party to the marriage pursuant to a final Judgment of Divorce,” sometimes also referred to as “post-divorce maintenance” or “spousal support.” In the event that a spouse fails to pay this court-ordered alimony in the state of New York, he or she may be subject to penalty, which can include the indefinite suspension of driving privileges or the receipt of a civil contempt sanction, or even incarceration.
While some people in New York State file for divorce when they want to end their marriage, others opt for a less-permanent solution by legally separating. Although plenty of couples who choose legal separation over divorce don’t have any reconciliation plans, others may try to work it out and get back together at a later date.
You’ve already been through a divorce, but you want to change the custody arrangement in place. Whether you initially came to an agreement with your former spouse about such matters during the divorce process or were told by the Court what the arrangement was going to be, there is a procedure you must follow to request visitation once a divorce is finalized. Although concurring with your former spouse about a new visitation plan outside of the Court is the most optimal way to see your children more, those who cannot come to an agreement will have to go to trial.
Determining who has legal and residential custody of the children is a major part of the divorce process. Knowing what the process is like and how the judge will come to a decision, if a case goes to trial, is critical.
The State of New York has very specific laws in place for calculating child support payments. These are set by the Child Support Standards Act within the New York State Domestic Relations Law and the Family Court Act and define who may be required to make child support payments. The net effect of the law is that custodial parents are paid child support by non-custodial parents each month for any qualifying children in their care.
When going through a divorce, you're probably worried about several things: the potential outcome, the stress of your marital situation, the financial aspects, and the time and effort involved. A great divorce attorney can alleviate some of these concerns, making sure your case goes more smoothly and helping to achieve a more favorable outcome.
If you’re living in New York State and want a divorce, you may not know exactly where to begin. Whether a mutual decision between you and your spouse or not, undergoing a divorce can be an extremely emotional ordeal. Understanding what typical divorce proceedings entail may therefore help to ease some of the stress and anxiety often associated with this dissolution.
If you’re going through a divorce, there is a long list of to-dos you must go over with your lawyer and eventually address with your former spouse. One is discussing spousal support.
First, the term is actually “spousal maintenance” in New York State. Furthermore, there are two types of spousal maintenance you could pay or receive.
There are a number of things you will have to address with your spouse during a divorce. This includes child custody and support, spousal maintenance, and of course, property division.
Trying to figure out your children’s custody arrangement is one part of getting divorced. If both parties aren’t willing to compromise, it can be a long, stressful process. While mothers do not automatically receive sole custody, some fathers may worry that they won’t even be awarded enough time with their children.
When you go through a divorce, and there are children involved, you will spend part of the process focusing on child support. One parent, depending on a range of factors, typically ends up paying the other parent a certain amount of money each month in the form of child support to help cover costs relating to the children’s schooling and extracurricular activities, as well as other expenses.
Some people may believe they are paying more than their fair share when it’s all said and done. If your divorce has already been finalized and you are questioning whether or not you’re paying more child support than required, there are two key steps you can take.
Going through a divorce can be a tough time in a person’s life. You’re faced with so many uncertainties, and sometimes, the light at the end of the tunnel is nowhere to be found.
If you get the house, will you even want to stay? When will you see your kids? Will you be able to financially support yourself? How much child support will you have to pay or receive? Will you and your soon-to-be ex-spouse be able to co-parent? Will the kids be okay? How long will it take for the divorce to be finalized?
The list goes on, and not knowing the answers may cause a great deal of stress and anxiety.
Oftentimes in divorce cases, one former spouse is ordered to pay the other alimony. Its duration and amount varies, however, since there isn’t a one-size-fits-all arrangement.
Spousal maintenance is just one important aspect of a divorce that must be addressed. This refers to the sum of money that one former spouse may be ordered by the court to pay the other on a monthly basis following a divorce.
Although not granted in every case, it's a common issue that frequently arises.
Can you start a proceeding in Family Court on your own, without an attorney? Yes. But is it a good idea? Absolutely not!
Undergoing a divorce can be a long, emotional process, especially if there are children involved. Not only must asset distribution, property division and child custody be determined, but also the amount of child support, if any.
Sole custody refers to “legal custody,” which indicates which parent makes the major decisions about the children. Sole legal custody is a child custody arrangement in which one parent is the primary caretaker of the kids and makes all the major decisions about the children, such as where they attend school, their medical treatment, whether or what religion will be in their life, and what extracurricular activities they will participate in.
When parents of minors decide to get divorced, determining a child custody agreement is a top priority for the courts and the parents. There are two decisions that need to be made, either by the parties in a settlement before trial or by the Judge at the end of a trial: where will the children reside most of the time (“residential,” or “physical,” custody) and which parent will make the major decisions about the children (“legal” custody)? For most people, the bigger decision is about the residential custody of the children.
Establishing a custody arrangement is an important aspect of a divorce for couples with children. While some such cases result in a judge granting one parent sole custody, others may involve a joint custody agreement—oftentimes without ever even going to trial.
Hiring a child custody lawyer who is dedicated to fighting for you and for what is in the best interests of your children is imperative. Without effective representation, you could end up wasting a lot of time and money for an agreement or court order that isn’t in your favor.
Part of finding the right legal counselor is learning key details about potential candidates to help you make this important decision.
Oftentimes during a divorce, one party makes a claim for alimony.
Alimony, the monetary support of a spouse after separation or divorce, is ordered by the courts in certain situations after a review of many factors. Alimony is called “spousal maintenance” in New York.