Huntington Divorce Lawyer
Marriages fail every day. In many cases, neither side is to blame. The relationship has simply run its course and one or both sides want to move on with their lives separate and apart from the other.
While nobody relishes the prospect of filing for divorce and going to court, there are always certain legal formalities that must be observed. A qualified Huntington divorce lawyer can guide you through this process. At the Law Office of Joshua Adam Kittenplan, P.C., we represent clients throughout western Commack who need skilled advice and representation during this difficult period.
The Basics of Divorce in New York
A divorce may be contested or uncontested. In an uncontested divorce, both sides have already worked out their legal issues and basically present a settlement agreement to the court. If any disputes remain, however, the court will consider your case a contested divorce and may need to conduct a formal trial to resolve the outstanding issues.
Some of the common issues that arise in a New York divorce include:
- Child custody. In any divorce case where there are minor children, the court’s responsibility is to determine what is in the “best interest” of those children, which may not always be what either of the parents want. Ideally, the parents can present an agreement to the court on custody and visitation issues, but if there are complicating factors–such as allegations of abuse–the judge will have to intervene and decide what is best for the child.
- Division of marital property. New York State follows an “equitable division” rule with respect to any marital assets or debts. In other words, if the spouses cannot agree on how to divide their property, the judge is not required to order a 50/50 split. Instead, the court will look at the facts and circumstances of your case and decide what is fair and equitable.
- Child and Spousal Support. New York State has specific guidelines with respect to calculating child support obligations. With respect to alimony, a judge has the discretion to order spousal support based on a number of factors.
It is important to emphasize that filing for divorce does not necessarily mean a lengthy, drawn-out battle in court. Most divorces are resolved through mediation and voluntary settlement. While this is not always possible, our team can work with you to explore every possible avenue for an amicable resolution. Litigation should always be a last resort.
Contact Attorney Joshua Adam Kittenplan Today
The process of legally ending a marriage can seem overwhelming at first. Many people are not even sure what step to take first. But the answer to that is easy enough: Your first step should be to call a knowledgeable Huntington divorce lawyer who will listen to your story and guide you in taking the next steps. Contact the Law Office of Joshua Adam Kittenplan, P.C., today to schedule a free initial consultation with a member of our staff.