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What are the substantive issues in a divorce action
February 18, 2020
What to think about when you are getting a divorce?
Divorces are expensive. That is because lawyers typically get paid by the hour. If you live in a densely populated city, it is likely that the hourly rate will be higher than you would expect.
You need a divorce lawyer if you are going through a hotly contested divorce or child custody matter.
The primary things that a divorce judge will look at in a New York divorce action:
If the marriage has become acrimonious the spouses tend to let their emotions get in the way of good business decisions. As such, before you get into court or, better yet, before you file for divorce it is a good idea for you to sit down and discuss how you would like to divide your assets. Start with personal items and move on to more important financial accounts. Also, if either of you have a retirement plan through your employment start to discuss how best to divide those retirement accounts.
Grounds are the least of your concern in New York since the Court prefer that you opt for the no-fault divorce option.
If you have children, start to acclimate yourself to the fact that courts favor joint custody, at least regarding making decisions about the children that affect their welfare. The courts also encourage liberal custodial access to the children.
As to spousal support, the New York Maintenance Guidelines will help you determine how much support you may be entitled to and the length of time in which you can expect spousal support to be paid.
As to child support, there are also guidelines in New York called the Child Support Standards Act.
Prioritize what you want in a divorce action.
Once you familiarize yourself with the basic issues in your divorce action you can better negotiate terms with your spouse. It is not worth fighting over who gets the bed or who takes the coffee machine. This can often lead to the breakdown of the negotiation.
If you can resolve the above issues, then it is important to let both attorneys know in a letter or email so the attorneys can write it up in an uncontested fashion.
If you cannot resolve these issues, then expect that the matter might end up in court.
By: Your New York Divorce Lawyer Lisa Beth Older