A divorce is the termination of a legally recognized marriage. In 2010, New York State changed the divorce law to create what is commonly known as a “no fault” divorce law. In actuality, the new law means that a divorce may be granted when one spouse alleges that the marriage has been irretrievably broken for a period of six months. Based upon recent case law, there is little that an opposing spouse may do to defeat these new divorce grounds.
As a consequence of the termination of a marriage, a spouse may be entitled to other ancillary relief. One of the most important areas of relief is the concept of equitable distribution. Equitable distribution is the division of the assets and debts of the marriage amongst the parties. It may include tangible assets such as real estate, bank accounts or pensions, as well as intangible assets such as the value of a spouse’s business or the enhanced earning capacity created by a license or degree that was acquired during the marriage.
If the parties to a divorce have children, there may be questions about where those children will live, who gets to make decisions on behalf of the children and when the non-custodial parent will have access to the children. These are all questions of child custody.
Divorce also often involves financial support. The custodial parent is generally entitled to child support from the non-custodial parent under the Child Support Standards Act. In addition, the non-monied spouse may be entitled to an award of maintenance (spousal support) from the spouse that earns more money.
Regardless of whether you are a husband or wife, custodial parent or non-custodial parent, monied spouse or non-monied spouse, one of the most important decisions that you make in the divorce process is who you want to represent your interests. At the Law Office of Joshua Adam Kittenplan, we zealously represent the interests of our clients in a divorce. This representation includes giving our clients the proper advice regarding when to litigate and when to explore settlement. We recognize that divorce is an emotional time for our clients and that we are counted on to give informed advice to our clients while being a strong advocate for them.
Attorney Advertising. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship