Getting a divorce can be complicated, as emotions are usually running high, and trying to understand divorce law in Rockville Centre, NY can become overwhelming. It is critical that a divorce is completed correctly in order to move into the next phase of life. A separation is not the same as a divorce. A separation is legal agreement between married individuals before the divorce is complete. The necessary documents will still need to be filed in order to legally end a marriage. Separation of assets and debts are considered equitable distribution. Although equitable actually means equal, it is not always equal in the division of these items.
Divorce law in Rockville Centre, NY takes many things into consideration before dividing assets and debts. If there were investments made before the marriage, these assets cannot be included in the distribution of assets. Money that was invested in a retirement plan can only be calculated based on the value after the date of marriage. If one spouse spent all of the money on a joint credit card after a separation, the money they spent could be taken out of their share of the assets to repay the debt.
Resolving marital disputes requires the assistance of a family law attorney. Their knowledge and experience working through these types of situations can prove to be invaluable during a divorce. Negotiation skills are key to resolving a divorce as quickly as possible. Ending a marriage is stressful on the spouses, and a lawyer will help to eliminate as much stress as possible. When children are involved in a divorce proceeding, the assistance of an attorney with resolving custody concerns is very important. Child support will also have to be ordered.
A parent is not permitted to waive child support from the other parent. The money paid for child support is meant to pay for a child’s basic needs while living with the other parent. If there has been any domestic violence during the marriage, it’s important to discuss it with the attorney when the divorce proceedings begin. For more information on divorce proceedings, child custody, or child support, please speak to Simon & Milner.