For New York couples going through a divorce, the processes of property division, child custody agreements and settling on alimony may be tough to manage. While only divorces with children involved require child custody decisions, every divorce requires property division. Some couples opt to have a prenup before they marry, but a prenuptial agreement is not necessarily bulletproof when it comes to property division. New York follows equitable distribution principles in determining property division, and thus if the parties are unable to come up with an agreement the court will divide marital assets in a manner which it deems fair.
Many divorcing people are concerned about their homes - they want to know who will receive it or how it will be handled. Often, one member of the couple is given ownership of the house, and the other leaves. The home may become a point of contention, depending on the wishes of both parties involved.
Child custody and alimony may be two of the most hotly contested points when it comes to divorce. Often, each parent wants sole custody, or there is a disagreement over whether joint custody is appropriate. Child custody battles may prove to be very time-consuming if the parties disagree, as can alimony. Alimony is often ordered to be paid if one member of the couple has a significantly higher income and the other member needs a temporary financial boost.
For those about to embark on a divorce, it may be helpful to talk to an attorney who has experience in family law. The attorney may be able to assess an individual's situation and help the client go through the process with as few extraneous issues as possible.
Source: NerdWallet, "Divorce: Making Sense of the Confusion", J. Kevin Stophel, June 03, 2014