In New York, divorce petitioners need advice when they start their case. As they approach each aspect of the process, they must discuss their options to arrive at the most suitable solution. These solutions apply to each term of their divorce agreement. A local attorney provides them with legal advice in Cortland NY about their divorce case.
Assessing Divorce Grounds
The petitioner doesn’t need to use fault-based grounds unless they are required. For example, a divorce that is based on incarceration, desertion or mental incapacity requires fault-based grounds. If the petition can achieve the divorce with no-fault grounds, they can use irretrievable breakdown. However, if a prenup provides benefits based on certain grounds, the petitioner may want to use them for these purposes.
Approaching Property Division
Property division should be fair and reasonable. However, this doesn’t mean the petitioner shouldn’t secure their own rights. They have the legal right to retain any property they owned prior to the marriage. They also have a right to 50% of the marital estate. The petitioner should approach property division with an open mind and request assets that provide them with the most benefits.
Choosing a Parenting Plan
A parenting plan should provide equal time for each parent with the child. However, if there is a protection order, the parent must protect their child if they were a victim. If they weren’t, the parents should arrive at a suitable arrangement for the child.
Who gets Spousal Support?
Spousal support is available for couples who were married at least ten years. It is provided to individuals who can’t match the same earning capacity as their spouse after the divorce. The judge determines if the support is provided temporarily or throughout the spouse’s life. Select cases may provide access to an educational program in lieu of spousal support.
In New York, divorce petitioners seek advice from an attorney when they need clear answers. They must assess each term of the divorce agreement based on the most appropriate solution. Attorneys help them make choices that are suitable for them and their spouse. Petitioners who need legal advice in Cortland NY can get more information here today.
