All divorce cases are not the same, and vary quite a bit depending on the situation of each couple. However, child custody, property division and alimony are some of the elements vital to a large number of divorce cases, and hence warrant a proper understanding. When a couple chooses to end their marriage, consulting an experienced divorce lawyer like Ron Phillips New York becomes important to gain proper guidance on the distinctive major topics that are likely to come up during their proceedings.
If a couple has children, then who gets their custody is commonly a hotly debated during divorce proceedings. There are instances where parents who were not too active in the life of the children during the marriage might want to have a bigger role after a divorce. This shift commonly takes place when the situation of divorce changes the perspective of a person, making a parent realize how important their role can be in the life of a child. This shift consequently might be hard on the parents doing most of the work during the marriage, but it is vital that both parties put more emphasis on what is best for the children while determining how to split up custody. After the custody agreement has been prepared, they might also decide whether either of the party shall have to make payments for child support.
Alimony is another important topic discussed during divorce proceedings. It basically refers to a type of payment to be made to a former spouse on the basis of the divorce rulings. Alimony does not include each bit of payment made to the spouse. For instance, noncash property settlements, payments of community income, voluntary payments and child support ideally do not come under the category of alimony. Typically, such payment is awarded to a spouse who puts their job on hold to raise the kids. For instance, a judge can tell a bread-winning partner to pay their stay-at-home ex-spouse a certain sum of their salary per year for a set number of years to see to it that their kids are able to keep up the standard of living. Not all divorce cases involve alimony.
Apart from alimony and child support, division of property is also a key point to be discussed during divorce proceedings. The division of property may vary based on each state, as all states have their own rules that have to be followed in divorce cases. A New York based couple planning to get a divorce, for instance, can always contact eminent lawyers of the region like Ron Phillips to seek assistance for their case. Ron Phillips New York has been practicing law in the city since the year of 1974, and therefore is well-acquainted with the divorce-related rules of the region. In most cases, property division is based on the earning potential of each spouse, duration of the marriage, general health and age of each spouse, alimony or child support, as well as standard of living during the marriage.
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