Whether your divorce is simple or complicated, amicable, or contentious – there are four key issues that generally must be addressed.
- The Children – This is likely one of the most emotionally complicated aspects of a divorce. Custody and parenting time are not as simple as dividing up the week. Parents must consider things such who holds the decision-making authority for the children. Do both parents have to agree on everything? Does one parent have the decision-making authority? Or does one parent make the final decision in some areas (for example medical), while the other parent makes the final decision in other areas (for example education)? It also must be determined where the children live. Will they live primarily with one parent? Or will their time be equally divided between both parents?
- Equitable Distribution – How will you divide your assets? These are things such as your home, your savings, your 401Ks and any business that either you or your spouse may own.
- Child Support – In New York there is a formula for determining child support which helps to ease some, but not all, of the complications. Which parent will pay child support? What about “extras” such as childcare, camp, and extra-curricular activities?
- Spousal Maintenance (Alimony) – New York has a guideline formula to determine maintenance/alimony as well. But one if one party has decided to stop working, thinking it will either help him/her collect maintenance, or prevent him/her from having to pay? For how long will maintenance be paid? These are common questions.
These are just some of the most prevalent issues which arise when couples begin their divorce proceedings. There are many more details to be worked out. We can help you navigate these difficult issues with knowledge, compassion and understanding.
Contact us with questions or comments today.
By Debra L. Rubin