Going through a divorce is a major life event, often accompanied by a huge amount of stress and confusion. But, if handled correctly by an effective high net-worth divorce lawyer in Westchester, it can also be a liberating experience. The emotional toll often encountered during a divorce may further exacerbate the difficulty in navigating the legal process of divorce. Additionally, new living arrangements, constantly changing parenting schedules and financial instability, hinder one’s ability to juggle the myriad legal decisions needed to finalize a divorce and start a new chapter in life.
At our law firm, we alleviate your anxieties by facilitating the legal process and guiding you through the various decisions and procedures needed to complete your divorce. Some of the issues at hand may include, but are not limited to; child custody and support, alimony, division of assets and pre and post nuptial agreements. The life transforming decisions you will need to make during the divorce process requires careful thought of potential consequences. A collaborative relationship with your lawyer is critical in achieving desired outcome. It is our ultimate goal to simplify and expedite the process and ensure that you are choosing the best, most cost-effective legal counsel while safeguarding your interests.
Unlike a divorce, a legal separation does not end a marriage, but usually defines the decision to voluntarily stop living together. Rights and responsibilities are clearly outlined in a written contract which often includes clauses on child support, child custody, and division of assets and debt. Based upon a written agreement between the spouses, a court may be able to enforce any agreed upon terms that are being violated. Since a court does not... draft the contract, it is up to the spouses to navigate the legalese involved in drawing up the contract themselves, or hire an experienced Westchester divorce lawyer to do so. It is thus recommended that couples hire lawyers with expertise in divorce law, to assist with the complex and lengthy variables needed to file a separation agreement with the courts. Additionally, a lawyer can assist you in navigating the requirements needed to file for a legal separation such as; determining residency requirements, the length of the legal separation, and the process of converting to a proper legal divorce.
Couples may opt for legal separations when they are unsure if they will divorce or stay married, or cannot afford to go through the divorce process. The reasons a couple may opt for a legal separation instead of a divorce may include the well-being of the kids, or financial reasons, such as taxes or health insurance.n Call us now to find out if legal separation is the right choice for you.
Legal and Physical Custody of Your Child
Child custody involves both legal and physical custody. Physical custody indicates where and which spouse the child will reside with, while major life decisions for the child relate more to legal custody. Joint legal custody is when both parents are expected to agree upon major life decisions together whether a spouse is awarded joint physical custody or not. Oftentimes, spouses will opt to leave the courts out of child custody agreements to reduce uncertainty in the outcomes, and to avoid leaving the fate of a child in the hand of a Judge, who may make determinations based on intrinsic biases such as gender, finance etc. When mediating outside of court, your lawyer is vital in conveying your needs and rights. Give us a call today to make sure you have the right attorney representing you.
Whether you are the one initiating the divorce, or the one getting served with papers, it is imperative to gather up all your financial documents, including those of your spouse. This is important, especially in the case of a high asset divorce. These documents can help determine the division of assets, and also determine child support. Going from a two-person income to a single-household income changes the parenting dynamic. Usually, one parent is granted custodial rights, meaning the child lives with them, while the other continues to fulfill their parenting duties. In joint custody cases, the court determines each parent’s financial responsibility based on income, the percentage of time spent with the child, and other factors. Having an experienced high net-worth divorce lawyer in Westchester can play an integral role in any child support proceeding, as they can facilitate the custody arrangements and accurately interpret financial and legal documents that may impact child support. Some of these may include government assistance which would cause child support to go directly to the state, which then allocates the funds.
If divorce is imminent, the important thing is for you to be prepared. Your high net-worth divorce attorney in Westchester will keep you apprised of all new developments as they occur. including court dates. In matters of child support, parents can always petition the court for the modification of an order to increase or decrease child support payments based on new financial information, income changes, or if the child has evolving financial needs. Get the right lawyer to protect you in this instance.
A good lawyer assists you in navigating child support issues that arise from non-payment of support by your spouse. As you have seen from reading this page so far, divorce involves multiple legal issues. It is imperative that you follow all court orders to a “t”, to stay in good standing with the judge. Violating a court order can seriously impact child custody, support, or visitation, not to mention result in a contempt charge. Your lawyer will help you understand all court orders.
Often the court will appoint an attorney to represent the child, known as a law guardian. The law guardian relays the child’s wishes to the court. The court takes this information into account when deciding custody matters.
Spousal support is another facet of divorce that is often litigated in court or mediated with lawyers outside of court. Prior to divorce, while still legally married, monies distributed are known as spousal support. Spouses are required to support each other during a marriage. Maintenance, or alimony, is the financial help one obtains during and after a divorce. One party may petition the court at any time for spousal support. A court will review pay stubs, tax returns, and a financial disclosure form before determining how much a spouse is legally obligated to receive from their soon to be ex-spouse. Other factors a court will consider are length of the marriage, age and health of the spouses, the ability of the petitioning spouse to support themselves, and which parent has physical custody of the child/children. You are entitled to the best high net-worth divorce lawyer in Westchester to represent you.
If you are seeking spousal support, or have a petition filed against you for child support or alimony, speak to an expert attorney to guide you through this contentious and exhaustive process.
Of the many services we offer, a pre nuptial pre nuptial agreement, or premarital agreement, is one of the most protective contracts to retain. A prenup is a written contract that two people enter into prior to marriage. It allows couplescouples to control and retain specific legal rights...during marriage and ensures certain rights remain in the unfortunate circumstance of divorce. The premarital agreement will allow the couple to supersede default laws that may occur during marriage which would otherwise leave a spouse unprotected in the event of a divorce. Some of the clauses in a prenup include distribution of asserts, right to seek spousal support or alimony, and any other agreed-upon terms between the two parties. Oftentimes, a married couple may seek similar contracts. These are known as postnuptial agreements as they are entered into after a marriage or civil union has been concluded. Similar to prenuptial agreements, protections and clauses are included to protect the rights and assets of each party. In the event of death, divorce, or a breakup, a pre and postnuptial agreement is the contract the courts must follow in the finalizing of a divorce. Contact us to draft your pre or post-nuptial agreement today!
Oftentimes, a court will automatically favor a woman in a divorce proceeding regarding physical custody, child support and alimony. To protect yourself as a father, top notch legal representation may be needed to break the stereotypes and to safeguard your rights as a parents and spouse. This includes non-married fathers as well....It has long been proven the benefits of having a present father in a child’s life and thus fathers should have equitable access to their children as well as fair legal custody of their children. In addition to child support and custody, alimony is another area in which men have been severely underrepresented and unfairly targeted. As earning capacities have increased for women over the last half century, the gains men have made in the court system has not kept pace. The same is true with equitable distribution of assets, in which women have often received claim to the family home, assets acquired prior to marriage and disproportionate allocation of other monetary resources. Another area of concern for fathers include paternity. Establishing paternity may often be a contentious issue between two parties seeking a divorce or a parent seeking child support. Consequently, to resolve all father rights related issues, a knowledgeable lawyer is best suited to tackle the multiple issues a man may face in court when settling the aforementioned subjects.
Divorce in Westchester carries with it high stakes; property, assets, child custody, and support. A myriad of complex issues come into play when you have children and assets. You need a trial-tested, high net-worth divorce lawyer in Westchester to protect all your interests.
Get a free consultation via phone, zoom, or in person with a top-rated Westchester divorce attorney today.
Divorce is the end of marriage by court order, while separation is not the end of marriage, but just mutual arrangement of separate living quarters.
Divorce papers must be filed in the Supreme Court of the county where you and your spouse reside. Only a Supreme Court judge can issue a divorce.
No. In an Annulment proceeding, marriage is established as not legally binding and is not valid. Divorce is ending a valid marriage.
To use a Separation Agreement for a divorce, the husband and wife must have different residence for at least a year after signing the agreement. Due to the complicated requirements of a Separation Agreement to be considered valid for a divorce, it is advisable to seek legal help.