I would like to welcome you to our next blog installment on common divorce cases you will encounter and what you will need to possess in order to tackle these cases adequately.

Some divorces are more contentious than others. However, most involve similar issues. Some of the most common areas where disputes arise during a divorce include the following.

⇒Child Custody:

When a married couple has children and decides to divorce, they will be required to establish a physical and legal custody arrangement. This is required before the divorce can be finalized. A physical custody arrangement establishes where a child will physically spend their time during the week, weekends, and major holidays. Legal custody agreements grant authority to either one or both spouses to make major decisions on behalf of the child, like those regarding healthcare and education.

When physical and legal custody decisions are being made, the final agreements can be executed as either a sole or joint arrangement. For example, if one spouse is granted sole physical custody, it means that the child will always reside in their home. In these instances, the other parent may be granted visitation rights. This will involve outlining specific dates or times when they are able to visit their kids. Visitation rights might not be granted if there is evidence of abuse or neglect.

⇒Child Support:

A child support payment is a monthly exchange of money from one parent to the other. The concept was designed to ensure that the lower-earning spouse in a divorce will be able to afford basic necessities for their child. To assess whether child support payments are necessary, the courts of New York will ask for proof of each parent’s annual income. If there is a significant difference, the court may determine the exact amount they feel is necessary to support the child.

One of the most significant disputes related to child support is when two spouses disagree on the appropriate size of a monthly payment. The paying parent might feel like the amount is too steep, while the other parent might feel worried that they still won’t have enough funds to take care of their child. If this happens, the court may take an even deeper look into the financial realities of both parties to ensure the arrangement is realistic.

⇒Property Division:

The state of New York operates under the rule of equitable distribution. This means that marital assets will be divided based on what is fair rather than an equal split down the middle. Some of the most common items up for consideration in a divorce include real estate properties, investments, debts, cars, and retirement accounts.

When it becomes time to divide property, there are many different factors taken into consideration. For example, if one spouse has a significantly larger earning potential when compared to the other spouse, the court may offset this discrepancy by rewarding the lower-earning spouse with a larger share of the marital assets. The court will also look into each individual’s separate property to see if that has any bearing on a fair property division.

⇒Spousal Support (Alimony):

Spousal support, otherwise known as alimony, is monthly payments issued from one ex-spouse to another. The intent is to assist the lower-earning spouse financially. When a married couple divorces, the court may create a spousal support arrangement to help ensure the lower-earning spouse is able to maintain a similar lifestyle to what they have become used to. The length of the marriage and the financial circumstances of each party will influence this decision.

Disputes over spousal support are often related to the amount and duration of the payments. It’s not uncommon for one spouse to feel like the proposed amount is unaffordable. They also may believe that it’s more than enough to help their ex-spouse maintain their standard of living. On the other hand, the receiving spouse may be worried that a spousal support payment is not enough to make them feel financially secure.

Checklist For A Divorce Case

Gathering and presenting evidence with your Queens divorce attorney is crucial to support the claims you’d like to make while simultaneously protecting your interests. Some of the most compelling pieces of evidence in divorce cases include:

⇒Finances:

Financial documents can be one of the most useful pieces of evidence in a divorce case, as they offer a financial snapshot of your circumstances. Possible documents to submit include bank statements, tax returns, pay stubs, and investment account records. Bank statements are especially useful, as they help to reveal an individual’s spending habits and savings. Tax returns help to illustrate someone’s income and overall financial health.

The couple’s assets may need to be valuated so that property division may proceed. Some spouses attempt to hide assets in order to keep them after the divorce, but it’s important not to do so. This could result in negative consequences. If you believe that your spouse is hiding assets, inform your divorce attorney.

⇒Electronic Communications:

Communication records like emails, text messages, and social media interactions can also provide useful insight during a divorce case. This is especially true when there are direct examples of unsavory behavior, such as infidelity or abuse. One single communication record has the power to combat inaccurate or misguided narratives being made by the opposition. Spend time with your attorney to collect these records and protect your character and credibility.

⇒Assets:

Having property records on hand during a divorce case can help to establish who owns certain real estate properties, vehicles, and other marital assets. These documents could include titles, deeds, mortgage statements, and appraisal reports that contain detailed information about each asset. These records also could include purchase dates, which is imperative information when the court is deciding what qualifies as separate and marital property.

⇒Media:

Having visual evidence from photographs and videos can be extremely helpful in a divorce case. They can help document valuable assets or living conditions. They may also help prove instances of abuse or neglect. Having visuals to substantiate your claims can make the court more likely to believe your assertions. It can add a powerful layer of evidence that is considered much more reputable than personal testimony of what happened.

⇒Proof:

Bringing a third-party perspective to your case can help remove any doubts of your own testimony. This can include testimonies from friends, family members, coworkers, or even complete strangers who made relevant observations. For example, a neighbor you don’t speak to may have witnessed instances of domestic violence from afar. They can share what they saw in court to help support the plaintiff’s accusations of abuse.

⇒Contracts & Agreements:

All legal and financial agreements made between two spouses can be relevant pieces of evidence in a divorce case. Two popular examples include prenuptial and postnuptial agreements. These agreements can serve as a valuable asset for a divorce case, as they outline agreed-upon terms and conditions for items like asset division, spousal support, and other financial matters. Having these on hand can help prevent prolonged litigation.

Below you can find directions & maps to our Queens Divorce Law Offices As Well As Our Brooklyn & Manhattan Locations.

Corporate Office: 88-02 136th Street, Queens, NY 11418

Secondary Divorce Law Office: 98-14 Queens Blvd, Queens, NY 11374 (718) 206-2050 – Call To Schedule Before Arrival.

Midtown Manhattan Divorce Office:

31 W 34th St. #7162, New York, NY 10001

Brooklyn, NY Divorce Office:

195 Montague St, Brooklyn, NY 11201