Clarkstown Family & Divorce Lawyer
Family law issues are some of the most sensitive and emotional you will ever go through. There are many legal issues that can arise within families and when they do, they always have the potential to become complex and combative. If you have a dispute, our Clarkstown family & divorce lawyer can help you resolve it in a manner that is best for you.
Divorce vs. Legal Separation in Clarkstown
New York is one of many states that recognizes legal separation. If you legally separate, you can enter into an agreement with your spouse to live separate and apart from your spouse. You can also outline the same terms that you would in divorce, including property division, spousal support, and more. However, even though you outline these terms, you are still considered legally married to your spouse. If either spouse violates the agreement, the other spouse can take the matter to court and allow a judge to decide.
During a divorce, one spouse only has to claim that there has been a breakdown in the marriage and that there is no chance of reconciling. A divorce does officially and legally end a marriage. Spouses do not always have to go to court to obtain a divorce. They can also draft an agreement either through negotiation or mediation and submit it to the court for approval.
Establishing Paternity in Clarkstown
When two people are married in Clarkstown and they have children together, it is presumed by the family courts that the man and woman are the biological parents of the child. The same presumption is not given to unmarried couples who have children together. When two unmarried people have a child together, paternity must be established before child custody and child support issues can be determined.
There are two ways to establish paternity in Clarkstown. The first is to fill out and submit an Acknowledgement of Paternity form. This form is filled out and signed voluntarily by each party, which can be done at the hospital after birth, at a birth registrar’s office, or at a local child support office. If the two parties involved cannot agree, one party can petition the court and request a DNA test to establish paternity.
Prenuptial and Postnuptial Agreements
No one wants to get married while they are thinking about divorce. Still, the divorce rate in the country shows just how common divorce is. Due to the fact that any marriage can end in divorce, it is critical that individuals protect themselves. A prenuptial agreement can outline the rights of each party to marital property. These contracts are drafted before the wedding. Postnuptial agreements provide all the same protections, but they are drafted after the wedding.
Call Our Family Law and Divorce Lawyer in Clarkstown for Help with Your Issue
If you have a legal issue, our Clarkstown family law and divorce lawyer at the Law Office of Robert S. Sunshine, P.C. can help you resolve it. Call us now at 845.735.1300 to hear more about your legal options and how we can help you obtain the best possible outcome.