Seeking a divorce from your husband/wife is never emotionally accessible. Whether you have been married for a long time or a short period, the process is challenging. However, it is prudent for both parties to the divorce to be aware of the state laws to be informed about the legal procedures they would need to follow.
Ronald Phillips New York – Understand The Rules For New York Divorce
Ronald Phillips is an esteemed divorce and family law lawyer from Nyack, New York, USA. According to him, sadly, many couples go through the divorce process on their own with little knowledge and information. This should be addressed, and awareness spread among couples, especially when it comes to sensitive issues like child custody, distribution of assets, child support, and alimony.
According to Ronald Phillips New York, the divorce laws in New York apply to traditional and same-sex marriages in the state. If you wish to file for a divorce, you should always consult a good lawyer in the field with your concerns and queries.
The Determination Of Alimony To Be Paid To The Spouse
Parties to a divorce suit in New York should note that alimony is not granted in every divorce case. The judge in court will review the case and determine whether alimony is appropriate in the suit or not. The judge generally checks whether one of the spouses needs financial support and whether the other has the means to pay or not. There are some factors that the judge takes into account when it comes to the determination of alimony in the case, and they are-
- The duration of the marriage.
- The current and future earning ability of both the parties to the divorce.
- The receiving party’s ability to become financially independent in the future.
- Each of the spouse’s financial contributions to the home.
The alimony can be awarded a lump sum or paid as temporary support every month or periodically. In most court cases, any periodic alimony continues for the duration of the marriage. To modify the alimony award, the requesting party must show the court that the circumstances have changed and that the present alimony order is no longer appropriate.
Property Distribution In New York
According to Ronald Phillips New York, the court believes the inequitable distribution of property in the state’s distribution of assets and property. However, this does not mean that the spouses will divide the assets 50/50 in the state.
The laws will determine the “equitable” distribution of property in a “fair” manner. This means there might not be an equal split all the time. The court might grant more assets to the spouse with a lower income if it deems this step appropriate.
To understand the laws of divorce, you must always consult a good professional in the field. Take track records into account of the lawyer you meet to ensure your case and interests are in safe hands.
