Dissolution of marriage is one of the most complicated matters an attorney will handle in their practice. This is because it combines complicated areas of law mixed with highly-charged emotional issues. This is why the Brooklyn NY divorce lawyers at the Levitsky Law Firm are the attorneys of choice in such matters in that they offer a steady hand during a time when the clients encounter such especially challenging circumstances.
Divorce cases in New York are typically made up of four separate prongs: equitable distribution, child support, child custody and maintenance (also known as alimony). Each carries with it their own nuances which require experience and finesse for successful handling.
Equitable distribution is by far one of the more complicated matters associated with New York divorce cases. Parties almost always find it difficult to agree on a reasonable distribution of property. This is where the attorneys come into play since they must educate their clients on their respective rights and remedies.
Property that was owned prior to marriage is not considered marital property unless marital assets were utilized to pay for those assets during the course of the marriage. For example, if a husband owns a home prior to marriage but uses money from a joint bank account with his wife to pay for the mortgage, taxes and any other costs associated with that property while the parties are married, a percentage of the home will be considered “marital property“. That portion will need to be properly divided at the time of divorce. As you can see, this is extremely complicated since funds must be “traced“ back to their source, properly attributed then the asset divided subject to equitable distribution laws in New York.
Child custody and child support are equally complex matters which attorneys handle on behalf of clients on a day-to-day basis. Child support is subject to a formula that takes into account the relative ages of the children, the earning capacity of the parties and who custodial parent will be. In times of custody, sometimes the parties agree to joint custody but almost always the mother maintains custody of the children. This brings about the necessity for a visitation schedule. While often hotly contested, the parties do, ultimately, work out a reasonable arrangement whereby the children will alternate holidays, weekends and summer vacations with either parent.
Overall, the parties will take each prong listed above and negotiate with one another to reach a stipulation of settlement. One party may agree to concede certain points as it pertains to equitable distribution to obtain more favorable rights with respect to visitation and child-support. There is also the issue of maintenance or alimony to be considered. It is almost always the case that the husband will pay the wife maintenance and this is also a factor brought up during sttlement negotiations.
From start to finish, contested divorces in New York test the patience and endurance of the parties and the attorneys. Almost every aspect of a dissolution of marriage is subject negotiations and the parties must be reasonable in order to accomplish their goals, keeping in mind that your children are the ones that will suffer if they are not reasonable and are unable to come to a resolution.
If you are going through a divorce or are contemplating getting a divorce, contact the attorneys at the Levitsky Law Firm who are the finest Brooklyn NY divorce lawyers in practice. Schedule your initial consultation today so that you may begin on the road to a reasonable and equitable dissolution of your marriage so that you may begin on the path to starting over and moving forward with your life.