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The rate of divorce has increased over the years, and much of it has to do with social acceptance of it. Social acceptance, however, does not make the dissolution of a marriage any easier. When a marriage ends, you have decisions you need to make that will affect your future and the future of any children you may share with your ex-spouse. Getting the right information can help you make informed decisions.
Attorney Daniel Testa has over 17 years of family law experience and he knows that you have questions. Here at Testa Law Firm we help you understand your rights and responsibilities during this particularly difficult time. You do not have to endure a divorce or family law matter alone. Get answers to your questions today and contact us online or at 315-255-3368 to schedule a Free Consultation.
The divorce process is dependent in part on whether it's contested or not. Uncontested divorces can move along rather quickly when the divorcing couple agrees on property division, spousal support, child custody, and child support. When one spouse challenges any of these matters, the divorce becomes contested.
The process will proceed to trial unless the soon-to-be ex-spouses can come to an agreement. Sometimes mediation or another alternative dispute resolution process may be used to help them come to that agreement.
In most states, you do not have to show fault in order to get a divorce. Most divorces today, in fact, are no-fault divorces. The most common cause of action in New York State is Irreconcilable Differences.
When a marriage is deemed irretrievably broken or the spouses claim there are irreconcilable differences, a no-fault divorce may be sought. An irretrievably broken marriage simply means the couple is unable or refuses to cohabit, and no prospects for reconciliation exist.
Fault-based divorces are seldomely required today, but some people may still wish to pursue a fault-based divorce for a number of reasons, like using it as a factor to obtain a better outcome for:
The grounds for a fault-based divorce typically include things like:
Fault-based divorces are far more contentious. They can, however, sometimes lead to better outcomes in property distribution, alimony, child support, and custody arrangements for the spouse who filed for the dissolution of the marriage.
Property division is a key part of any divorce and involves marital property. Marital property is property acquired or obtained during the marriage as opposed to separate property that the spouse had prior to the marriage.
Types of marital property include:
There are two ways this property is split, and it depends on your jurisdiction:
Spousal support, also commonly referred to as alimony, is another factor to that must be figured into a divorce. Its purpose is to make sure the divorce does not result in an unfair economic situation for the dependent spouse. The couple can agree to alimony (or to waive alimony) or the court can order it. Decisions about alimony are made based on many factors, but the more common factors include:
Child custody is one of the most contentious areas of a divorce. It's highly emotional and can cause serious bitterness. Courts prefer both parents partaking in a child's life and, as such, accommodate joint custody, which includes physical and legal custody. In some situations, one parent may have sole custody while the other may have visitation rights. Courts determine child custody based on what is in the child's best interest.
Both parents are required to provide financial support for their children. When a parent has primary custody and the financial circumstances require it, the court may order child support. Most courts will use a child support calculator to help determine the amount.
There's a lot to consider when you are going through a divorce. The decisions made during this time will impact you and your family's life for quite a while. It's important to get guidance from a family law attorney who will advocate for you and your family. Contact us online or call us directly at 315-255-3368 to schedule a Free Consultation.
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