Family law attorneys resolve domestic disputes such as divorces, separations, and child custody. We provide services like task-based billing and bundled-base pricing to reduce legal costs for individuals with complex cases.
Divorce proceedings can be emotionally draining and costly. You should hire an experienced divorce attorney to guide you through the process.
Child Custody
Child custody decisions are among the most important issues in a divorce or separation proceeding. Custody is the right of a parent to care for and control their children. It includes the right to make decisions about a child’s education, religious upbringing and health care. Courts decide custody arrangements based on what is in the best interests of the child.
In New York, courts may award temporary, exclusive, joint or sole custody. Typically, the courts award custody to the parent who was the primary caretaker of the child prior to the divorce. The courts also consider the home environment in which each parent lives. A household that is unstable or dangerous, with frequent parties, violent new partners, drugs and other dangers may reduce a parent’s likelihood of receiving custody.
Once a Judge decides on a custody arrangement, that decision can only be changed with a petition filed with the Court alleging a substantial change in circumstances. Even then, the Judge must carefully review all of the facts to determine whether a modification should be granted.
Alimony
While it’s more common for both spouses to work in modern marriages, some people still do not earn significant incomes and need financial support. Divorce laws recognize this, and alimony or maintenance is an option to help ensure that a divorce does not drastically downgrade the lifestyle of a lower-earning spouse.
The law considers a variety of factors in order to determine the length and amount of alimony awarded, including the needs of both spouses, the duration of the marriage, whether one spouse gave up a job or career to care for children, and the other spouse’s age and health. The court has discretion to award alimony in amounts and lengths that are fair to both parties, although judges typically start their deliberations with a statutory formula.
Spousal support can be terminated or modified at any time, although the request must be made and there must be a substantial change in circumstances. The paying spouse cannot simply stop making payments; failure to pay could result in civil and criminal penalties.
Property Division
When spouses divorce, it is important that the property division process be conducted properly. This includes determining what assets are marital and which are separate. This may be complicated in cases involving high net worth individuals, significant business interests and substantial retirement accounts.
It is also necessary to determine the value of each asset, which often requires an appraisal. Any passive increases or decreases in the value of marital property between the date of separation and the date of trial will also be considered during the property division process.
Separate assets include those owned prior to marriage, inherited property not co-mingled with marital property and gifts made to one party during the marriage. A qualified attorney can review your situation to help you decide what should be considered separate and what should be considered marital property. Then, the attorney can work with you to ensure that the court has all of the information it needs to distribute your assets fairly.
Counseling
Divorce is a complex process, and some cases require additional services. In particular, children are often impacted by the emotional fallout of divorce and may need more support in order to thrive after their parents separate. This can involve a variety of activities, including counseling and custody evaluations.
With an approach that is both professional and personal, Kendra Ortega is dedicated to helping Western Michigan families through a difficult time with insight and adaptability. Whether it is navigating the legal process, working on custody issues or pursuing parental alienation claims, she is prepared to handle any contingencies or unexpected variables that arise during a divorce. This makes her a valuable asset for clients. She can assist in both contested and uncontested divorces, as well as cases that end up going to trial.Scheidungsanwalt Hattingen