NEW YORK CITY & WESTCHESTER DIVORCE ATTORNEY
We’ve Got Your Back
One of the hardest things to accept during a divorce is that the person that was closest to you is now your adversary. It’s always best to keep things amicable, but that shouldn’t mean that you receive less than you’re legally entitled to. If your spouse suggests “keeping lawyers out of it” and hands you something to sign, it’s likely that they are attempting to take advantage of you. That’s why it’s important to consult with an experienced New York City and Westchester divorce attorney as soon as possible if divorce is in the air. The patient and caring attorneys at GourariLaw will provide you with a thorough understanding of your legal rights with a view towards negotiating a settlement that works well for the whole family.
Equitable Distribution
New York law distributes marital property equitably rather than equally, based on numerous factors that determine what is fair under the circumstances. The process starts with determining whether property is marital or separate, which isn’t always as simple as ownership in name. Pre-nuptial and post-nuptial agreements will impact property division and it is becoming more common to challenge their validity. High net worth individuals have a great deal to lose, so it’s important to hire an experienced New York City and Westchester divorce attorney that knows how to protect your wealth.
Divorces With Children
When there are minor children at the time of a divorce, the following issues must be resolved by agreement or judgment:
- Child Custody;
- Child Support and
- Parenting Time.
In New York, joint custody is the norm and it’s divided into two parts – legal and residential. Residential custody is where the children live most of the time and this parent is called the custodial parent. Joint custody requires that the relationship with both parents is maximized with ample parenting time awarded to the non-custodial parent. Legal custody is the right to make decisions about education, health and religion and parents usually share these decisions.
Child support is paid to the custodial parent by the non-custodial parent based on a statutory formula. Sole custody is only awarded by the courts in the most extreme cases of abuse and neglect by one of the parents or where joint custody has proven harmful to the children.