Ramapo Family & Divorce Lawyer
If you have decided to end your marriage, you likely know that the road ahead of you is not going to be an easy one. Regardless of how amicable your divorce case may be, it will still have a significant emotional impact on everyone involved. As you are feeling the personal impact of divorce, you will also have to make important legal decisions that will affect you and your family for years to come. Do not feel as though you have to do this alone. Our Ramapo family & divorce lawyer can help you through the process and ensure you receive the fair settlement you are entitled to.
Uncontested vs. Contested Divorce Cases
All divorces in New York are considered no-fault, which means that neither spouse has to accuse the other of marital wrongdoing, nor do they have to prove it in court. Instead, one spouse only has to claim that there has been a breakdown of the marital relationship and that there is no chance of reconciliation. Still, that does not mean that all divorce cases are uncontested, or that they do not involve disputes.
Uncontested divorce cases are those that involve two spouses who can agree to all the terms of divorce. These include child custody, spousal support, child support, and more. When two spouses can agree, they simply have to draft the agreement and submit it to the court for approval.
A contested divorce is one in which the couple cannot agree to all the terms of divorce. If a couple disagrees on even just one term, the case is considered contested. Contested divorces do not always require litigation, or a divorce trial. Mediation and collaborative law are both great options that can help couples resolve their disputes in a faster and more effective fashion.
Family Law Issues that Arise During Divorce
A divorce can involve many family law issues. Some of the most common of these are as follows:
- Property division: Ramapo and the rest of the state is governed by equitable distribution laws. This means that marital property, or that which was acquired during the marriage, is distributed fairly, even though that does not always mean equally.
- Spousal support: When a divorce will leave one party in an unfavorable financial position, they may require spousal support, or alimony, for a short period of time. In some instances, the courts will also award permanent alimony.
- Child custody: Physical custody refers to where the child will spend most of their time, while legal custody refers to which parent will make important decisions for the child. The courts generally presume that it is in the child’s best interests for each parent to share each type of custody.
- Child support: A number of factors are considered when child support decisions are made. These include the income of both parents and the needs of the child.
Call Our Family Law and Divorce Lawyer in Ramapo for Legal Advice
If you are getting a divorce or have any other family law issue, do not go through the process alone. At The Law Office of Robert S. Sunshine, P.C., our Ramapo family law and divorce lawyer can represent you and give you the best chance of a successful outcome. Call us today at 845.735.1300 or contact us online to schedule a consultation.