NATIONALLY RECOGNIZED FEDERAL LAWYERS
Last Updated on: 2nd October 2023, 06:51 pm
Crucial Issues in Divorce Proceedings and the Role of Divorce Lawyers
Whether a divorce is contested or uncontested, there are many crucial issues that need to be agreed upon prior to signing the final papers. These can include alimony payments, child support payments, custody agreements, and how property will be divided between the spouses. While in some cases divorcing couples are able to work out equitable arrangements regarding these issues on their own, the vast majority require a skilled divorce lawyer to help finalize any agreements and ensure they are not unnecessarily and unknowingly giving up their legal rights in the process. And because divorcing couples often have difficulty not letting their feelings and emotions determine their thinking in these hearings, it’s even more important to have an attorney who knows how to keep negotiations on course.
Contested and Uncontested Divorces
For everyone involved in divorce proceedings, including children, there are vast differences between contested and uncontested divorces. According to information provided by the New York Unified Court System, a contested divorce means that one spouse does not want to get divorced, disagrees about the grounds given for the divorce, and also has issues regarding custody, finances, and other issues related to the divorce. However, if the divorce is uncontested, both spouses wish to get divorced, and have been able to come to agreements regarding child custody, division of property, and all financial arrangements. While an uncontested divorce can in many ways be handled as a Do-It-Yourself divorce through the court’s Uncontested Divorce Program, a contested divorce will require both spouses to make several court appearances. Because of this, the services of a knowledgeable divorce attorney will be extremely important.
Examining the Paperwork
In some divorce proceedings, one person chooses to hire an attorney, while the other spouse chooses to go it alone. When this happens, it’s almost inevitable the spouse without an attorney will come out on the losing end of the negotiations. Whether it’s deciding custody arrangements, finances, or the division of property, chances are the spouse who has hired an attorney will come out with a far better deal. Because of this, it’s important to never choose to handle these negotiations yourself, especially if there are numerous complex financial and custody issues to be discussed and agreed upon. By hiring an experienced attorney, you can not only have a much better agreement negotiated for you, but you’ll also have someone who can examine all written agreements before you sign them, ensuring you do not sign away key legal rights to which you should be entitled.
Due to the Marriage Equality Act of 2011, more and more same-sex marriages now take place in New York. While these marriages may be looked upon by some as non-traditional, they are nevertheless legally binding unions that are subject to the same problems as marriages between a man and woman. This includes divorce, and in these cases such issues as child custody, alimony, property division, and other financial matters need to be resolved to everyone’s satisfaction. In these matters, since not all states have the same laws, it’s crucial to seek the advice of a divorce lawyer who has experience in these complex legal matters.
Consult an Attorney
No matter what type of divorce proceedings you will be involved in, consulting with a knowledgeable divorce lawyer should be your first step. By doing so, you can discuss your case in detail, and be given objective advice as to what may or may not happen along the way. In doing so, you’ll be able to gain peace of mind.
If you live in Brooklyn and are facing legal issues, you may need a Brooklyn family lawyer
If you live in Brooklyn and face any number of the more common types of legal issues people from all walks of life encounter, you may find yourself in need of a Brooklyn family lawyer. A Brooklyn family lawyer potentially deals with an array of different types of cases that are brought in New York Family Court. These include cases involving:
The first step: Scheduling an initial consultation
The first step in obtaining the professional services of a Brooklyn family lawyer is scheduling an initial consultation. At an initial consultation, an experienced Brooklyn family lawyer will provide an evaluation of the ins and outs of your particular type of case. You also will have the opportunity to seek answers to any questions you might have about your legal situation. In most instances, a Brooklyn family lawyer does not charge a fee for a preliminary consult from a prospective client.
Thousands of marriages in Brooklyn, and throughout the New York City boroughs, end in divorce each year. Divorce cases range in levels of complexity. In addition, some divorce cases prove to be more contentious than others. Nonetheless, as a general rule, if you are heading to divorce court, you best protect your legal interests by retaining the professional services of a skilled, experienced Brooklyn family lawyer.
At the beginning of a divorce, there is a flurry of activity. This underscores the fact that you are best served by taking a proactive approach to hiring legal counsel, of engaging a Brooklyn family lawyer sooner rather than later.
Even if a divorce case is otherwise not particularly contentious, if children are involved, oftentimes a marriage dissolution proceeding becomes contentious. Decisions made in a divorce case must follow a particular legal standard established by New York law. Decisions made in divorce proceedings regarding children, including child custody, must be undertaken in the best interests of the child. This includes orders from the court and agreements reached by the parties to a divorce case.
The noncustodial parent has the legal right to routine and regular visitation with the child or children born during the marriage. In this day and age, many legal professionals, judges, and courts prefer the term parenting time to visitation. Parenting time is used to underscore the fact that, pursuant to New York law, a noncustodial parent should not be relegated to becoming a mere visitor in the life of his or her child or children.
New York has established guidelines by which child support is determined in a divorce, legal separation, or paternity case. Pursuant to the guidelines, the foundation upon which child support is determined is the income of both parents. Other factors can come into play, including costs associated with daycare or with the special medical needs of a particular child. Deviations are not permitted from the guidelines unless there exists a significant reason for such an alteration. This particularly is the case when the proposed deviation is designed to reduce the amount of child support otherwise required to be paid in a case.
Once a child support order is entered, it cannot be altered on a whim. There must be a significant change in circumstances warranting an adjustment in an existing child support obligation.