Family transitions may be the most emotionally and legally challenging times in one’s life. Whether it be a divorce, a separation or tackling child custody issues, these happenings usually require due diligence for legal neck styles so that you can secure your rights and that the future is dealt with equitably for all parties. Navigating these challenging times involves understanding the legal processes and getting the professional legal help needed.
Here, we examine how to best address legal components when faced with difficult family transitions, specifically, what to expect when undergoing divorce, custody battles, and the separation of property.
Understanding the Process
It can all feel a lot when you face something as monumental as the end of a marriage. You need to become familiar with the legal procedure in which you are about to involve yourself. The process for divorce in New York includes filing a divorce petition, serving the petition to your spouse, negotiating for an agreement, and, if mediation or a trial is needed, securing a trial. The Associated Press contributed to this report.
Going through the legal process sounds daunting and so it is first necessary to know about the major types of divorces, which are contested and uncontested. Uncontested Divorce (Both spouses agree on important issues like division of property, child custody, and child and spousal support) This is typically the faster and less painful route. In a contested divorce, the parties disagree on these issues, and a judge will have to decide for them.
Child Custody and Support
Child custody is one of the most sensitive and crucial factors of a family transition. If there are children, your first concern is going to be their welfare and stability. In New York, custody is awarded according to the child’s best interests. That includes assessing the child’s relationship with each parent, their emotional needs and which living situation would best serve their development.
Legal determinations around child support will be part of the process as well. Child support is usually set by state guidelines, but each case’s circumstances — like each parent’s income and the child’s needs — are factored in. Therefore, it is important to understand these laws and guidelines so that your rights and obligations are well-defined.
Property Division
This is typically one of the most fractious elements of a divorce: the splitting of marital assets. In New York, the division of property follows the principles of fair distribution, meaning assets are divided fairly, though not necessarily evenly. This means the spouse who contributed more financially to the marriage, and/or is more in need of financial support, may receive a greater share of the property.
However, to arrive at a fair distribution, seek an experienced divorce attorney in Long Island who will ensure that all assets, such as real estate, bank accounts, pensions, and even businesses, are listed and valued. It’s also important to know how debts like credit card bills or mortgages will get split between the two parties.
Mediation vs. Litigation
Mediation offers enormous support for dealing with family law matters during difficult transitions. Mediation is a negotiation between both parties with the help of a neutral third party, most often a mediator, to help them agree on the terms of their divorce. However, whilst mediation can be a less bitter and more economical option than the more conventional litigation process, both parties must negotiate and compromise.
Litigation, meanwhile, requires going through the court system, where a judge will determine how assets will be divided, custody and support will be arranged, etc. Although it is known that litigation is often more costly and time-consuming than mediation or settlement negotiations, litigation is necessary when mediation or settlement negotiations are broken down.
The Importance of Having Professional Legal Help
That’s complex and can be emotionally draining. That is why hiring a competent attorney is so important. Family law is a complicated area of law, but a divorce attorney Long Island helps you navigate through the legal intricacies of family law, gives you real–time legal advice, and represents your best interests whether in negotiations or the court. They can help you protect your rights, particularly concerning other issues such as child custody, division of property, and alimony.
The right lawyer will guide you through your options without allowing emotions to drive your choices. With a legal professional by your side, you can put your mind at ease and focus on healing and getting back on track.
Final Thoughts
Family transitions, particularly divorce, can be tough on a human being. The entire process during this period can be overwhelming, but knowing how the process works and getting in touch with a legal representative can help tremendously. From child custody to asset division and bond support, a divorce attorney will help you achieve a fair and just outcome.
Lynn Martelli is an editor at Readability. She received her MFA in Creative Writing from Antioch University and has worked as an editor for over 10 years. Lynn has edited a wide variety of books, including fiction, non-fiction, memoirs, and more. In her free time, Lynn enjoys reading, writing, and spending time with her family and friends.
