Filing for divorce is among the most important decisions individuals make during their lifetime. Many times it is a legal step that is done as a last resort or a circumstance of necessity. The New York state court system views divorce as a serious issue because lives are impacted significantly and minor dependent children can be often involved, rarely having their own legal representation. The court then tends to step in and make decisions as a public advocate of sorts for the minor children. In addition, there are issues of safety and finances that are also important when a divorce has been filed, as emergency protective orders can also be a component of a divorce proceeding. This combination of potential factors in a divorce case means that it is very important for the initial court submission to be as thorough and detailed as possible, and having an experienced Queens divorce lawyer representing your case can be a solid advantage.
Distribution of Property
One of the most contested issues in a divorce case is division and ownership of property. New York is an equitable property state and all assets and liabilities of a divorcing couple are assessed individually. New York law now states one immediate condition of a divorce filing is an order for no transfer of any marital or personal property until a final decree is issued. A marriage is similar to a business partnership in several aspects, especially when the couple actually operated a business that is included in the divorce. Both assets and liabilities are evaluated in a property distribution negotiation and it always important to have an experienced Queens divorce attorney negotiating your position. The divorce professionals at our law firm can ensure that a thorough inventory of assets and liabilities are included in the filing and that all financial activity restraining orders regarding property are enforced.
Custody of Children
Court disposition of minor children is also a very important issue in a divorce proceedings, and both parents have significant rights regarding their children unless there are extenuating domestic problems. Custody of the children primarily is based on their welfare in terms of food and shelter, along with mental health. While all parents have parental rights, the hearing determining child custody is a serious issue for all parties involved. You always need effective experienced representation like our firm can provide during a custody hearing.
Emergency Protective Orders
Many divorce cases are very civil and amiable, but that is not always the situation. More often than not there is some level of domestic violence associated with the final decision to get a divorce. When this is necessary, our legal professionals will make sure any emergency protection order request is entered into the record if there is not already one in place.
Divorce cases are similar to other civil cases with respect to specific material facts being part of the final outcome. There are many issues to consider, and the final decree has a major impact on the family as life goes on. Having the right attorney representing your case can make a major difference for both you and your family.