Divorces can be some of the most emotional legal cases to deal with, which makes it challenging to ensure all legal responsibilities are fulfilled. If you are facing the reality of divorce and are not sure where to turn, connecting with a Manhattan divorce lawyer can make a positive difference in the outcome of your case.

Every divorce is unique. Some are straightforward and can be resolved fairly quickly, while others are drawn out through multiple court hearings to reach a fair and balanced verdict. Some of the most common legal disputes that arise during divorce proceedings include:

Child Custody

Divorced couples who have children have many more decisions to deal with in addition to issues like property division. Both physical and legal custody arrangements need to be finalized before the divorce request is approved. Physical custody refers to where the child will spend their time, while legal custody is the authority to make decisions for the child. This can include where they go to school and what medical treatment they receive.

Both physical and legal custody can be either sole or joint arrangements. This means that the parents will either share these parental duties or take them on full-time. When sole custody is ordered, it’s common for the other parent to be assigned a visitation schedule that they must follow to maintain a bond with their child. Visitation will not be issued if the parent awarded sole custody presents credible evidence that suggests the non-custodial parent is abusive or neglectful.

Child Support

When a couple divorces, child support payments will be issued from one parent to the other if there is a significant disparity between their incomes. This is to help the lower-earning spouse afford basic necessities for their child, like paying for rent and meals while the child is in their care. The courts in Manhattan will require both parents to submit evidence of their annual income before making a final child support decision.

The process of understanding each parent’s financial status can create disputes between both spouses. One parent might feel like the court is taking advantage of their wealth and requesting more money than the other spouse needs. On the other hand, the lower-earning spouse might feel like they still won’t have enough money to properly take care of the children. The court will ensure they have an accurate picture of each spouse’s finances before child support is issued.

Property Division

The city of Manhattan is subjected to New York’s equitable distribution rule. This means that all assets and debts that have been acquired during a marriage are to be split fairly rather than equally. This can include any real estate properties, investments, and retirement accounts that the couple has contributed to since the date of their wedding.

Because marital assets are split fairly rather than equally, it may appear as if one spouse is being unfairly awarded more items than the other. If one spouse has a significantly lower salary, this could have an impact on property division. However, if this lower-earning spouse has the capacity to make more money, this could also influence the division process.

Spouses will keep their own separate property, which is anything they acquired prior to being married. In addition, any inheritance given to one spouse will be separate property, even if they received it while married.

Spousal Support

Otherwise known as alimony, spousal support is a monthly payment that a higher-earning spouse pays the other spouse. It’s intended to help them maintain a standard of living similar to what they had during the marriage. If both parties make a similar amount of money independently, the court may choose to pass on issuing these payments. This consideration, coupled with how long the marriage lasted, are two main factors taken into consideration by the court.

The size and duration of spousal support payments are commonly up for debate. If one spouse believes they will not be able to afford the payments, they can raise the concern and ask the court to reconsider. However, if reducing the payment would push the other spouse below the baseline standard of living that has been established by the court, this could prevent the request from being approved.

What Common Evidence Is Used in a Divorce Case?

It’s important to legally collect and present compelling evidence to substantiate the claims you are making in court. The evidence you have in your case can help refute misguided or inaccurate claims from the opposing counsel. Some of the most common types of evidence used in divorce cases include the following.

Financial Documents

With so many divorce decisions made based on the financial status of both spouses, financial documents will be some of the most commonly used pieces of evidence. These can include an offer letter for a new job, bank statements, and tax returns to demonstrate annual income. Insights into each spouse’s checking account can reveal how an individual spends money and if they transferred any money to a different account to try to manipulate their financial status.

In addition to personal finance documents, both spouses will need to provide appraisal documents that state how much their assets are worth. This is to help the court understand the total value of the couple’s combined property. Between the finances, assets, and debt that all qualify as marital property, the court will rely on these documents to validate their decision-making.

Communication Records

If someone tries to make the point in divorce court that their partner has engaged in abusive or neglectful behavior that should strip them of certain rights, providing evidence of this behavior through communication records can help. For example, if you want to prove how your ex-partner engaged in adultery, showing text messages where they either admitted to the behavior or communicated unsavory things to another party can help support this claim.

Property Records

Because the court will need to differentiate between marital and separate property, providing property records of all assets will be useful. These documents can help explain who owns certain real estate properties, vehicles, or other personal items that were either acquired before or during the marriage. Some common property record examples include mortgage statements, purchase records, appraisal reports, and deeds.

Photographs and Videos

There are many different reasons why you might want to collect a series of photographs and videos for your Manhattan divorce case. These are commonly used to help document certain assets, behaviors, or living conditions. For example, surveillance footage could show how your spouse engaged in abusive behavior and is not to be trusted around children. You could also provide photos of your home to demonstrate the living conditions you are used to.

Witness Testimonies

To boost the credibility of your own personal testimony, it’s helpful to bring in third-party voices for support. This can help to remove any instances of doubt that you are telling the truth. The more unbiased the individual testifying, the more weight their statements will carry. For example, a testimony from a parent or sibling might not be taken as seriously as what a complete stranger witnessed. These testimonies can not only support your claims but also refute claims from the other party.

Prenuptial and Postnuptial Agreements

If a prenuptial or postnuptial agreement has been legally established, the couple will need to provide these documents to the court for review. Because these documents outline agreed-upon divorce terms, it’s difficult for either couple to dispute decisions made directly in the document. These agreements can be used to make decisions on property division, spousal support arrangements, and other financial matters as both parties move on with their separate lives.

Why Should You Hire a Manhattan Divorce Lawyer?

There are many compelling reasons to hire a divorce attorney for the benefit of your case. Some of the most common reasons why attorneys are brought into divorce cases include:

• Filling in Knowledge Gaps. The average resident of Manhattan does not have an education in law or experience taking cases to trial. Investing in a professional to bridge these knowledge gaps can help ensure you are informed throughout the entirety of your case.
• Objective Advice. When someone is dealing with disputes during their divorce, it can be difficult to remain objective after having such a close relationship with the opposing party. Hiring a divorce attorney can help bring a level of objectivity that you need to ensure you are presenting arguments based on fact rather than biased opinions.
• Negotiation Skills. Divorce cases do not always need to advance to court. They can be negotiated beforehand. In these instances, you’ll want to have a Manhattan divorce lawyer on your team to help you negotiate. Securing an attorney with these skills can help identify why certain conflicts exist and how common ground can be reached to close out the case amicably.
• Representation in Court. If your case ends up in court, having a divorce attorney will help present the evidence you have collected to substantiate your claims to the judge and jury. Having them in court will also provide peace of mind, knowing that a professional is there to handle unexpected claims from your spouse’s attorney and refute misguided narratives in the moment.