Newburgh Family & Divorce Lawyer
Divorce can make you feel more alone than ever before. But it is important to remember that it does not have to be that way; your divorce attorney will be there with you throughout this process, helping you keep a level head, filing all necessary paperwork and court documents on time, negotiating the terms of your divorce with the other party, answering your questions and addressing your concerns by phone and in person, and ensuring that your best interests are always pursued. Here at the Law Office of Robert S. Sunshine, P.C., our Newburgh family & divorce lawyer believes in building trust with our clients, and always putting them first.
How are Assets Divided in New York Divorce?
New York family courts strive to make fair decisions regarding the distribution of marital assets: not everything is always divided equally, however. Moreover, only assets and debt acquired during the duration of the marriage are considered marital property. Property that each spouse came into the marriage with is not marital property, though the growth that occurred on those assets during the marriage is considered marital property. For example, if Spouse A began a business before the marriage began (and had an estimated value of $100,000) and then grew the business to a value of $150,000 over three years during the marriage, only the $50,000 of growth would be considered marital property. As such, that $50,000 in business assets are subject to equitable division with Spouse B.
Child support and spousal support are two other major points of dispute in many marriages. The parent without child custody—or the parent with child custody who has a higher income or net worth than the other parent with custody—will have a child support obligation until the child reaches the age of 21. Child support is based on each parent’s current income and wealth, as well as the child’s needs. Spousal support is a payment to the lower income or lower net-worth spouse, and is also dependent on each spouse’s income, the receiving spouse’s need, and other various factors such as the contributions and sacrifices the receiving spouse made to the other spouse’s career and education.
Child custody, like many other aspects of divorce, can often be settled outside of the courtroom. However, if not, then the court will choose a living situation and legal custodian in the child’s best interest. This may be joint custody, in which both parents have rights or physical custody responsibilities, or sole custody, in which the child lives with one parent more than the other.
Five Other Types of Family Law Issues We Handle
- Domestic violence orders of protection
- Modification of court orders
- Enforcement of court orders
- DNA paternity testing
- Drafting of prenuptial and postnuptial agreements
A Newburgh Family Law& Divorce Lawyer is Here For You
Whether you are going through divorce or are dealing with another stressful family law dispute, such as modifying a support order or petitioning the court for DNA paternity testing, our Newburgh family law and divorce lawyer is here for you in your time of need. Call the Law Office of Robert S. Sunshine, P.C. today at 845-735-1300 to talk to a Newburgh family law and divorce lawyer today and to schedule a free consultation.