The Law Offices of Diron Rutty, LLC has served as a family law firm in New York for many years. Our divorce attorneys have seen firsthand the complexities and emotional toll that a separation can take spouses and their families, even in amicable situations. If you are considering or going through a divorce, it is important to understand the different aspects involved and the types of divorce available. There’s more to divorce than splitting up your things, even if you’re divorcing without children. Contact our family law attorneys for experienced compassionate guidance.
The Different Parts of Divorce
Divorce can involve various areas of law, including child custody, child support, visitation rights, spousal support, and property division. Each part requires careful consideration and negotiation to reach a fair and equitable resolution.
One of the most emotionally charged aspects of divorce is child custody. This involves determining who will have physical and legal custody of any children from the marriage. Physical custody refers to where the child will live, while legal custody refers to the ability to make important decisions for the child, such as education and medical care.
In New York, the courts prioritize the best interests of the child when determining physical and legal custody. This includes considering factors such as the child’s relationship with each parent, their age and health, and any history of domestic abuse.
If parents come to an agreement before going to court, the court typically abides with the parent’s wishes unless extenuating circumstances necessitate them to change the custody agreement.
Even if one parent is granted physical custody, the other parent typically still has visitation rights. Visitation schedules can be determined through negotiation if both parents agree, or by court order if they don’t. These schedules can vary depending on the age of the child, their school and extracurricular activities, and other factors.
Child support is financial support provided by one parent to the other for the benefit of their children. In New York, child support is determined based on a specific formula that takes into account the income of both parents, the number of children involved, and any special circumstances. The goal is to provide the children with the same or close to the same standard of living they would have if their parents were together.
Spousal Support (Alimony)
Spousal support, also known as alimony, is financial support provided by one spouse to the other after a divorce. The purpose of spousal support is to ensure that both parties can maintain a similar standard of living to what they had during the marriage.
In New York, spousal support can be temporary or permanent and is determined based on factors such as:
- The length of the marriage
- Each spouse’s income and earning potential
- Their contributions to the marriage
Dividing marital property is another important aspect of divorce. In New York, marital property includes any assets and debts acquired during the marriage, regardless of whose name is on them. The courts will strive to divide marital property equitably through the equitable distribution model. This means assets are distributed fairly but not necessarily equally.
Types of Divorce
Divorce can be categorized in multiple ways. One of the most common and relevant is when divorce is categorized by how amicable it is. In New York, there are two main types of divorce: contested and uncontested. In a contested divorce, the parties cannot agree on one or more aspects of the divorce and must go to court to have a judge make final decisions. In an uncontested divorce, the parties have reached an agreement on all aspects of the divorce and can submit their agreement to the court for approval.
Another way to categorize divorce is based on fault, of which there are two types: fault and no-fault divorce. In a no-fault divorce, the two spouses agree that there are irrevocable differences of which no one is at fault. In a fault divorce, one partner has done something that has made the marriage irreconcilable, such as an having affair or abusing the other partner.
There is also a type of divorce process called collaborative divorce, where both parties work with their respective attorneys and other professionals such as mediators or financial advisors to reach a mutually beneficial resolution without going to court.
Contact the Divorce Attorneys at The Law Offices of Diron Rutty, LLC
As divorce attorneys, we are committed to helping our clients navigate through this difficult time in their lives with compassion and experience. If you are considering or going through a divorce in New York, it is important to seek the guidance of an experienced attorney who can help you understand your options and protect your rights. Contact us today for help.