In New York, divorces are often complex and require couples to follows specific laws. Any failure to comply with the law could lead to additional monetary awards for a spouse or harassment claims. A local attorney explains what is covered by Divorce Law Valley Stream NY.
Creating A Divorce Agreement
A divorce agreement explains vital details about dividing the marital property and defining the terms. The grounds used for the divorce are explained in the agreement and define how the grounds will affect awards in the divorce. The couple must agree to the terms to avoid a contested divorce.
Child Custody and Parenting Arrangements
Child custody orders and parenting arrangements determine if both parents have decision-making power. In joint custody arrangements, both parents make decisions. The child stays with the custodial parent most of the time and has weekend visitation with the noncustodial parent.
In sole custody arrangements, one parent makes all the decisions. The noncustodial parent has supervised visitation.
Spousal Support and Earning Capacity
Spousal support is available if a spouse’s earning capacity doesn’t provide the same lifestyle they had during the marriage. Temporary alimony is paid to cover the cost of an educational program to increase earning capacity. If the spouse cannot increase their earning capacity, they could receive permanent alimony. The payments are made until one of the spouses dies or the spouse receiving the payments remarries.
Prenuptial Agreement Enforcement
A prenuptial agreement and all its terms are enforced in the state of New York. The couple is advised to use the prenuptial agreement to create the terms of the divorce. Since the spouses chose to sign the agreement, it is less likely that the terms will be disputed or cause a contested divorce.
In New York, divorces start with a petition and a summons. Whenever possible, couples create a divorce agreement together. If not, an attorney creates an agreement according to the petitioner’s requests. Mediation is scheduled when a couple needs to discuss their differences and reach an agreement. Petitioners who want to start a divorce case or learn more about Divorce Law Valley Stream NY are encouraged to contact Simon & Milner or Click Here now.