A divorce lawyer can help you with a number of issues, including child custody, property division, and spousal support. They can also help you find hidden assets and locate marital debt. They can also offer alternative methods to litigation, such as mediation.
Choose a lawyer who matches your approach to divorce and with whom you feel comfortable. The traditional method of going to court can be expensive and stressful.
Child custody
Child custody concerns are often the most contested issues in divorce cases. They include physical and legal custody. Physical custody involves where the children live, and legal custody determines who makes important decisions about their upbringing. Parents can share custody or one parent may be awarded sole custody.
When deciding custody arrangements, judges focus on what is in the best interests of the child. They consider the parents’ relationship with the child, their home life and how they care for the child. They also look at the child’s health and well-being.
If a judge believes that a parent has engaged in emotional manipulation or parental alienation, they might not award that parent custody. The court also takes a close look at the past conduct of both parties. For instance, a history of domestic violence or sexual abuse might make them less likely to get custody. In some cases, the children themselves can give their wishes regarding custody.
Property division
During a divorce, couples must decide how to divide their assets. This includes not only cash, but also personal property and real estate. The process is governed by state law, and will vary according to whether your state is a community property or equitable distribution state. If you and your spouse cannot reach an agreement on the division of property, a judge will make the decision for you.
Before a judge can decide how to split the property, she must determine which assets are separate and which are marital. This involves looking at the history of each asset, such as when it was purchased and by whom. In addition, the court must determine what would be a fair and equitable division of the property.
New York is an equitable distribution state, so a judge will divide the property of a married couple in a way that is fair to both parties. The court will consider many factors, including the contributions of each spouse to the marriage, their age and health, and any loss of pension rights or income.
Spousal support
Spousal support (also known as alimony) is a court-ordered payment from one spouse or domestic partner to the other. It is typically paid on a temporary or permanent basis and may be included in your divorce case, legal separation, or domestic violence restraining order.
Our attorneys will fight for your rights to fair and reasonable spousal support. We will take into account your income, expenses, and financial situation as we advocate for you during negotiations or in court. We can help you seek short-term or rehabilitative support, which is meant to provide funds for the dependent spouse to obtain the training and education necessary to get back into the workforce.
Reimbursement alimony is designed to pay back a spouse who gave up a career to care for children and/or homemakers. It can also cover the costs of higher-education or vocational school. It is important to note that spousal support is not gender-specific and both men and women can be eligible for it.
Collaborative mediation
Collaborative mediation is the ideal choice for couples who want to keep things out of court. It can be less stressful for children and spouses, as well as their families, than traditional court proceedings. However, the process requires a lot of commitment and is best for people who are willing to openly discuss their interests, needs and concerns. It also helps if the people involved in the case have good communication skills.
The mediator acts as a neutral third party, helping both parties find compromises and draft a settlement agreement that is fair to everyone. The mediator helps break down the issues, facilitates dialogue, reduces obstacles to communication, maximizes exploration of alternatives and clarifies points of agreement. The process is voluntary and the clients will hire their own attorneys to provide legal guidance in the negotiation sessions. This process usually takes a shorter time than traditional court proceedings. It also costs a fraction of traditional litigation.Scheidungsanwalt Hattingen
