Have Questions About Divorce Or Other Family Law Topics?
At Frost & Kavanaugh, we have decades of experience in family law. We understand that these topics can be confusing to someone who has never been through these processes before. Please read through the questions and answers below, and feel free to reach out to us with your own questions.
Do I need an attorney to get a divorce?
Technically, no. But the money you save in attorney fees might be offset by the time and money required to fix significant mistakes with paperwork or legal procedures. Moreover, trying to handle things like property division without an attorney could mean that you are depriving yourself of valuable assets in the divorce.
Even if your divorce is relatively straightforward and simple, an attorney can help ensure that the paperwork is filed correctly and that your interests are protected.
How is child custody determined?
Child custody is ideally determined by an agreement negotiated between parents. But if there is a dispute, custody will be awarded based on a wide variety of factors, including each parent’s physical/mental health, the care that each parent is able to provide, each parent’s work schedule and the preferences of the child (for older children, depending on age). There is also a difference between legal custody and physical custody.
How are assets divided?
New York is an “equitable distribution” state, meaning that all marital assets need to be divided equitably, which isn’t always a perfectly equal split. An overarching goal is to ensure that the assets are divided fairly and in a way that protects the financial future of each spouse after the divorce.
It is especially important to work with an attorney if you have specific assets (like a closely held business) that are subject to division but are critical to keep intact. An attorney can help you negotiate for other assets to offset those that are most important to you.
Will I owe spousal Maintenance if I get divorced?
It depends on the situation. If your former spouse didn’t work while you were married or was accustomed to a certain lifestyle they can’t provide for themselves, you may be asked to provide spousal maintenance for a certain amount of time. In some circumstances, instead of recurring payments, you may pay a lump sum that can contribute to your former partner’s education or other resources that will allow them to become financially independent.
Consultations Available – Contact Us Today
With an office in Troy, we at Frost & Kavanaugh serve clients throughout the surrounding parts of New York including Albany county and Saratoga county. To arrange your initial consultation with one of our attorneys, please fill out our online contact form or call 518-629-0230.