Brooklyn Divorce
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Brooklyn Divorce Attorney
Going through a separation from your spouse, or a divorce, can be a trying time and interrupt your life on an emotional, financial, and logistical level. If you have children, you may be worried about how they will be affected. You may not know how to ensure that they will receive the support that they need during and after the separation process.
Our Brooklyn divorce attorneys at the Law Offices of Robert Tsigler, PLCC, have years of experience working in family law. We fight on behalf of our clients to make sure they get the assets and recognition they deserve during a divorce. We are experts at negotiation and keeping escalations to a minimum. We can ensure that marital assets are split fairly and equally.
Separation Agreements
A separation agreement is a legal contract that is entered into by a couple that is separating their marriage or planning to divorce. It outlines the terms of the separation, including issues such as property division, child custody, child support, and spousal support.
In Brooklyn, a separation agreement can be used as the basis for a divorce or as a way for a couple to legally separate without getting a divorce. A separation agreement can be ideal for a couple that is not ready to divorce but wants to legally separate their financial and legal affairs.
A separation agreement is usually negotiated and agreed upon by both parties and their respective attorneys. It is then reviewed and approved by a judge. Once the agreement is signed and approved by the court, it has the same legal weight as a court order. This also ensures that it is enforceable by the court.
A separation agreement is a legally binding contract. It is recommended to work with a family lawyer who has experience drafting and reviewing separation agreements in Brooklyn.
The Main Disputes in a Contested Divorce
In a contested divorce, the main disputes are typically related to the following issues:
- Child Custody: This designates who will have legal and physical custody of the children, as well as the terms of the non-custodial parent’s parenting time.
- Child Support: This is the amount of financial support that one parent will provide for the children, as well as the payment terms.
- Spousal Support (Alimony): This is the amount of financial support that one spouse will provide to the other, as well as the payment terms and duration.
- Privacy: High net worth individuals may be more concerned about privacy and want to keep the details of their divorce out of the public eye. This can lead to more negotiations and agreements to keep the divorce proceedings private.
- Property Division: This process divides the marital property, including assets such as real estate, investments, retirement accounts, and business interests.
- Debt Allocation: This determines which party will be responsible for paying off any marital debts.
- Business Valuation: If one of the parties has a business, this process determines the value of the business and how it will be handled during and after the divorce.
- Retirement Accounts: Retirement accounts will be divided and distributed during the divorce process.
- Tax Implications: The tax consequences of property division and spousal support orders will be analyzed.
- Grounds for Divorce: If there is a disagreement on the grounds for divorce that one of the parties is claiming, this could be a dispute.
- Domestic Violence or Abuse: If there is a history of domestic violence or abuse, this could be a major dispute. The court will consider this in making its decision.
The court’s final decision in a contested divorce proceeding will be based on the specific circumstances of the case and the financial resources of each party.
Alimony Explained
Alimony, also known as spousal support or spousal maintenance, is a court-ordered payment made by one spouse to the other after a divorce or separation. The purpose of alimony is to provide financial support to a spouse who may be at a disadvantage after a divorce or separation.
There are different types of alimony, and each serves a different purpose:
- Rehabilitative Alimony: This is intended to provide support to a spouse while they obtain education or job training to become self-sufficient.
- Transitional Alimony: The purpose of this is to provide support for a spouse during a transition period, such as moving from a marital home.
- Permanent Alimony: This alimony is used to provide long-term support for a spouse who is unable to support themselves financially.
- Reimbursement Alimony: This can be used to reimburse a spouse for their financial contributions to the other spouse’s education or career.
Alimony is not automatically awarded in every divorce case. It is recommended to work with a Brooklyn divorce lawyer who has experience handling alimony cases. This can ensure that you receive or pay the support you are entitled to.
Calculating Alimony Payments in New York
- Length of the marriage
- Standard of living established during the marriage
- Income and property of each spouse
- Earning capacity of each spouse
- Age and health of each spouse
- Needs of any children
Duration of Brooklyn Spousal Support Payments
- 0 to 15 Years: The typical duration of alimony payments is around 30 to 35% of the length of the marriage.
- 15 to 20 Years: Alimony payments may last for a period of 35 to 40% of the length of the marriage.
- 20+ Years: Spousal support payments may continue for 40 to 50% of the length of the marriage.
Determining Child Custody in Brooklyn
Child custody is determined by the court during a divorce case in Brooklyn, and it is based on the child’s best interests. The court will look at a variety of factors to determine what would be the most beneficial situation for the child, including:
- The child’s relationship with each parent
- The child’s need for stability and continuity
- The child’s age, sex, and physical and emotional health
- The child’s education and community ties
- The child’s preference (if the child is of suitable age and maturity to express a preference)
- The parent’s ability to provide for the child’s needs, including physical, emotional, and financial needs
- The parent’s ability to provide a stable and loving home environment
- Any history of abuse or neglect
- Any history of drug or alcohol abuse
In Brooklyn, the court can award custody to both parents (joint custody) or to one parent (sole custody). In the case of joint custody, the parents will share legal and physical custody of the child. Legal custody refers to the ability to make decisions regarding the child’s upbringing. These can include choices regarding education, religion, and medical care. Physical custody refers to where the child will primarily live.
Overall, the court’s decision is based on the child’s best interest. However, this can be difficult to define from a legal perspective. You should work with a divorce lawyer who has experience handling child custody cases in Brooklyn.
Child Support in Brooklyn Divorce Cases
During divorce proceedings in Brooklyn, the court will utilize the Child Support Standards Act (CSSA) standard to determine the non-custodial parent’s child support obligation. It is intended to meet the children’s basic requirements, such as food, clothes, housing, and other essentials. The CSSA guideline is based on the earnings of both parents and the number of children affected. The standard takes into consideration:
- Each parent’s income
- The number of children
- The number of nights the child spends with each parent
The non-custodial parent must pay child support to the custodial parent, who has the children with them most of the time. Any attempts to avoid paying child support, or to pay less than the court determines, can result in severe criminal penalties.
The court’s decision can always be modified if there is a significant change in the financial situation of either parent. However, this can be a complicated process, and it requires significant proof from the parent requesting the modification. Overall, working with a divorce lawyer who has experience handling child support cases in Brooklyn can ease the process of determining child support in a family law case. An attorney is also vital for requesting a child support order modification.
Parental Visitation
Parental visitation refers to the time that a non-custodial parent spends with their child. In most cases, the court will establish a schedule for parental visitation. It will be designed to ensure that both parents can spend time with their child.
When determining the schedule for parental visitation, the court will consider a variety of factors, including:
- The child’s age and developmental needs
- The child’s relationship with each parent
- The child’s school schedule and extracurricular activities
- The parents’ work schedules and availability
- The parents’ ability to co-parent effectively
- The child’s safety and well-being
The court will also consider any other relevant factors that may impact the child’s best interests. As always, the court’s decision will be based on what’s in the best interests of the child. The court will try to ensure that the child can maintain a healthy relationship with both parents.
The court may also order supervised visitation in cases where there is a history of domestic violence, child abuse, or drug abuse. Also, the court’s decision can be modified if there is a significant change in the circumstances of either parent or the child.
Prenuptial and Postnuptial Agreements in Brooklyn
Prenuptial agreements, also known as pre-marital agreements, are legal contracts that are entered into by a couple before they get married. These agreements outline the terms of the marriage, including issues such as property division, alimony, and inheritance in the event of a divorce or death.
Postnuptial agreements, also known as post-marital agreements, are similar to prenuptial agreements but are entered into after the couple is already married. They also outline the terms of the marriage, including issues such as property division, alimony, and inheritance in the event of a divorce or death.
In Brooklyn, prenuptial and postnuptial agreements are legal and enforceable if they meet certain requirements. These agreements must be entered into voluntarily and without coercion, and they must be fair and reasonable at the time they are executed. Additionally, both parties must have full disclosure of their financial assets and liabilities before entering into the agreement.
Additionally, it is important to remember that the court may not enforce a prenuptial or postnuptial agreement if it finds that it is not fair and reasonable at the time of a divorce. Therefore, it is recommended to work with a divorce lawyer who has experience drafting and reviewing prenuptial and postnuptial agreements in Brooklyn.
Important Pre-Nuptial Contents to Consider
- A detailed list of each party’s assets and debts, including any real estate, investments, retirement accounts, and business interests
- A clear statement of how property will be divided if the couple divorces, including which assets will be considered marital property and which will be considered separate property
- Provisions for spousal support, also known as alimony or maintenance, if the couple divorces, including the duration and amount of support
- Provisions for the distribution of assets if one party dies, including any inheritance rights
- A waiver of the right to inherit from the other party if the couple divorces
- Provisions for the protection of any children from previous relationships
- A statement that the agreement was entered into voluntarily and without coercion
- A statement that both parties have had the opportunity to consult with independent legal counsel before signing the agreement
Divorce Lawyers FAQs
Q: Who loses more in a divorce?
A: Remember that the main goal of divorce is to reach a fair and equitable settlement. This should address the needs and concerns of both parties and be in the best interest of any children involved. In terms of property division, it is possible that one party may have to part with more assets or receive fewer assets as part of the divorce settlement. However, this is not a loss, but rather a fair distribution of assets based on the laws of the state and the agreement reached by both parties.
Q: How long does a New York divorce take?
A: In New York, there are two types of divorce: contested divorce and uncontested divorce.
- An uncontested divorce is a divorce in which both parties agree on all the terms of the divorce. The process typically takes 2 to 3 months.
- A contested divorce is one in which the parties do not agree on all the terms of the divorce. This typically takes longer because the parties will have to go to court for a trial. The process can take several months or even a year or more.
Q: Who pays for divorce?
A: In a divorce case, both parties are responsible for paying their own legal fees and expenses. However, depending on the specific circumstances of the case, one party may be ordered by the court to pay a portion or all of the other party’s legal fees and expenses. In some cases, a party with a higher income or greater assets may be ordered to pay a portion or all of the other party’s legal fees and expenses.
Q: How long do you have to be separated before you can file for divorce in New York?
A: In New York, there is no specific waiting period during which a couple must be separated before they can file for divorce. To legally establish that the couple is living separate and apart under a separation agreement, the parties should have a written agreement that is signed by both parties. It should indicate that the parties have lived separate and apart for at least one year.
Devoted and Experienced Brooklyn Divorce Lawyers
If you are currently going through a separation or divorce, you may be worried about the future of yourself and your family. You should reach out to a divorce attorney at the Law Offices of Robert Tsigler, PLCC, immediately to get advice and make a sound plan. Our lawyers are here to meet your family, listen to everyone’s thoughts and concerns, and make sure that you get the best possible outcome for your family.
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