Divorce Law in New York
When I discuss Divorce with a client, I like to use my ABC’s. These are the substantive issues in most/all cases. (A) First, if there are children, we must discuss the major issue of CUSTODY. Who will the children be living with? What visitation rights will the other parent have? Remember, the non-custodial will be obligated to pay CHILD SUPPORT! In addition to child support (a statutory calculation) what about medical coverage, education expenses, etc.
(B) Second, The great legal term: EQUITABLE DISTRIBUTION! Dividing assets is a significant issue and includes the home, etc. (C) Third, SPOUSAL MAINTENANCE. Some call it ALIMONY. The amount of such spousal maintenance iis via a statutory calculation and it is based on both parties’ income.
In recent years our law in New York changed significantly- in 2010 Albany passed a “temporary spousal maintenance” statute, as well as No Fault Divorce. In 2016, they added “post-divorce spousal maintenance” No Fault divorce is utilized in virtually all divorce cases. Another common issue is the amount of MARITAL DEBT.
While very often, the parties reach a resolution on this issue, in some cases they will not agree and the Court will be very involved on this issue. An often-used term in this area is “the best interests of the children”. Once an agreement is reached- or the court makes a decision- another typical issue is how much and when will the noncustodial parent be entitled to on the question of VISITATION.
Law Office of Joseph O’Shea
260 Christopher Ln #201, Staten Island, NY 10314