Divorce Law in New York
In New York State, divorce laws have specific guidelines and requirements that couples must follow. The state recognizes several grounds for divorce, ranging from an “irretrievable breakdown” of at least six months to more specific reasons like adultery, cruelty, abandonment, and imprisonment. New York is a no-fault divorce state, which means either spouse can file for divorce without needing to prove that the other spouse was at fault.
Property Division and Alimony
In New York State, the process of property division during a divorce adheres to the principle of equitable distribution. This approach ensures that marital assets and debts, both tangible and intangible, are divided fairly, if not equally. Assets that fall under this umbrella can range from real estate and savings to retirement accounts. However, it’s important to note that separate properties, such as gifts or inheritances designated to one spouse or assets owned before the marriage, are typically exempt from this division.
In addition, New York includes provisions for alimony, often termed “spousal maintenance” as part of a divorce. The decision to grant alimony takes into account several factors. These include the marriage’s duration, the financial and non-financial contributions made by each spouse, and considerations like age, health, earning potential, and the specific needs of the spouse making the request.
Child Custody and Child Support
In New York State, the welfare of the child stands paramount when determining custody and support. Child custody is classified into two primary categories: legal and physical. Legal custody grants decision-making rights concerning the child’s overall well-being, while physical custody designates the child’s primary residence. The decision on custody hinges on factors such as the ability of each parent to offer a stable environment, the cooperative rapport between the parents, and, depending on their age, the child’s preferences.
Concurrently, the concept of child support in New York focuses on securing the child’s financial needs. The state adopts a structured method considering both parents’ incomes and the total number of children. This financial assistance encompasses vital needs like food, shelter, education, and medical care, with the ultimate goal of preserving a consistent and familiar standard of living for the child even after the divorce.
Navigating the Divorce Process
Embarking on the divorce journey with Civardi & Obiol offers individuals a seamless and supportive experience. From the initial consultation to finalizing the legal paperwork, the team ensures every aspect is meticulously addressed. Their approach emphasizes clear communication, understanding individual needs, and providing tailored strategies, ensuring clients feel empowered and informed.
Civardi & Obiol emphasize a smooth divorce process, which can significantly alleviate emotional strain, fostering a more positive transition for all parties involved. Reducing conflict and misunderstanding can aid in preserving relationships, which is especially crucial when children are involved. Financially, a streamlined process reduces prolonged legal fees and can lead to more equitable settlements, safeguarding the assets and financial futures of both parties. The peace of mind that comes from a fair and efficient resolution is invaluable in paving the way for healing and moving forward.
Why Choose Civardi & Obiol for Your Divorce?
Choosing Civardi & Obiol for your divorce means entrusting your case to a seasoned family law team that has a deep understanding of New York State’s legal landscape. Their extensive experience and dedication to client needs ensure that individuals receive not only professional representation but also genuine empathy and support throughout the process. Their impressive track record of handling divorce cases speaks volumes about their experience, making them an invaluable ally during such a challenging time.
The team at Civardi & Obiol prides itself on its personalized approach to each case. Recognizing that every divorce has unique facets, they work hard to understand individual concerns and aspirations. This dedication to tailored solutions makes Civardi & Obiol a preferred choice for many seeking guidance in divorce proceedings. Don’t navigate this challenging period alone; reach out today for a free consultation and take the first step towards a brighter tomorrow with trusted legal professionals by your side.
Civardi & Obiol serves clients for matters relating to divorce in the following regions: Nassau County & Suffolk County.