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When going through a contested divorce or uncontested divorce in New York, property distribution will need to be agreed upon by both partners or ruled by the Court. In New York, equitable distribution is the process which is used to determine the division of property between spouses. Although there are laws laid out to this affect in New York, determining what is marital property and what is shared property can be extremely complex and difficult.
If you are considering or are currently going through a divorce, I may be able to help with all aspects, including child custody and support, spousal support and visitation rights and equitable distribution. I will be there, on your side, to help ensure you get the best outcome for your future and your family’s future. I have nearly 10 years of experience with divorce and family law in New York and help clients throughout the state.
Equitable distribution is a process for dispersing property acquired by or owned by either spouse upon the termination of marriage. Distribution replaces “common law” principles of property ownership. Prior to equitable distribution, New York was a “common law” state. This meant that property acquired by either spouse during the marriage was distributed according the owner named on the property title.
In the state of New York, all property acquired and income earned during a marriage is subject to equitable distribution. When a marriage is dissolved, the courts must make decisions regarding the distribution of property. There are a number of factors that the court must consider before the property is divided.
In New York, when distributing property, the courts will sort out what is to be considered separate property and what is to be considered marital property. Separate property usually remains separate and marital property is distributed equitably between both spouses. The courts will also take into consideration the circumstances surrounding the case and both parties. Having an experienced lawyer on your side can help you reach the outcome which will be most beneficial to your future, in regards to property distribution. Your lawyer will understand what may be subject to be considered marital property and what information is needed by the court to determine this.
A spouse must show proof that the property is indeed separate, and an attorney can help with this. I will utilize accounting experts and others in this field in order to help the court determine what should be classified as separate property. This procedure must be done with all real property as well as bank accounts, investment accounts or any other asset that has value.
Businesses, Degrees or Licenses and Debts
Businesses, degrees and licenses are all property subject to equitable distribution. If a spouse’s business was formed during the marriage, then it is considered marital property. If the business was created prior to marriage and continued on during marriage, then the marriage has an interest in the increase in value of the business. If a spouse obtained any kind of degree during the marriage, the increased earnings as a result of the license are subject to equitable distribution. Any law, medical, accounting or financial planning licenses and MBAs acquired during the marriage are also subject to distribution laws.
Marital debt must also be divided when you prepare your separation agreement. If the debt occurred during marriage, it is marital debt. It does not matter if that debt is in your name or your spouse's name.
Regardless of the specific property you and your partner have which may be subject to equitable distribution, a lawyer will be valuable in helping you keep that property which is yours and obtain a part of the property which should be shared. Spousal support is a key part of any divorce or legal separation. In a contested divorce or an uncontested divorce, this issue will need to be addressed. Your divorce attorney will play a big part in the outcome of this – and thus it is important to choose an attorney who will be able to use experience, persistence and dedication in order to successfully represent you during negotiations or in court. The court has broad discretion to award any amount of money that is necessary for the support of the recipient spouse as long as the court’s decision is based on the facts and the circumstances existing at the time the award is granted. The facts are integral and carefully reviewed. Your attorney will play a big part in showing the necessary information and facts to help you reach the goals you are hoping for in regards to maintenance payments. The judge will examine the following before awarding spousal support: In New York, there are three types of spousal support: permanent, rehabilitative, and restitutional: A contested divorce is likely one of the most difficult situations your family will ever have to go through. Having Dominic Saraceno at your side who is competent and who is dedicated to helping you achieve a positive result is the most beneficial thing for both you and your family. When two people decide to end a marriage, they will need to make decisions regarding children, property, and their new futures apart. As New York requires that an action for divorce be based on certain acceptable grounds, the parties will have to agree on the grounds for a divorce as well. In New York, a divorce is termed “contested” when the parties involved cannot successfully come to agreements about the decisions that need to be made upon the dissolution of a marriage: During any divorce proceeding, but particularly in a contested divorce, the advice and support of a competent and devoted lawyer can go a long way in aiding the divorce process. While New York law governs the final determinations regarding property distribution, child custody, support and the like, it should be the goal of any divorce lawyer to help secure an outcome that will satisfy the client’s emotional and financial needs. At Saraceno Law, we are committed to just that. I will work with my clients every step of the way to ensure they understand every step of this confusing and, at times, grueling process. For most, divorce brings a time of heightened uncertainty and vulnerability. A strong, confident attorney becomes a crucial part of the process. When both parties involved in a marriage have worked out the important issues pertaining to their divorce without court help, it is considered an uncontested divorce. Uncontested divorce, often called the simple divorce, is very common due to its simplicity and low cost. If a husband and wife can agree on the terms for division of property, child custody and child support issues, then they can usually separate amicably. Even though you and your spouse may be parting on good terms and agreeing on important issues, it is still in your best interest to speak with an attorney. Saraceno Law has handled many uncontested divorce cases successfully. While working with me you can be assured that you will be retaining an experienced divorce attorney who will guide you through this process. Certain requirements must be met before a lawyer may be able to file your uncontested divorce in New York. If you meet the following requirements, I will be able to represent and counsel you:
Spousal Support and Maintenance in a New York Divorce
In the state of New York, the courts can award maintenance to one spouse. Maintenance, also referred to as “alimony” and “spousal support”, is presented in the form of a monetary payment from one spouse to another. Either spouse, male or female, can be ordered to pay maintenance to their spouse by the court. The monetary payment can be awarded over time or in one large sum.
If you are going through a divorce, and support is an issue, contact Saraceno Law. Determining Spousal Support Payments and Duration
Contested Divorce New York
Uncontested Divorce in New York
Requirements for an Uncontested Divorce in New York