aggressively, in a compassionate manner, aware of the fact that other than illness or death in the family, a divorce is the most stressful situation a family or individual is likely to face.Divorce and other areas of family law can be emotional and all-consuming cases for our clients. In the area of family law, the Law Offices of William L. Fox in East Greenbush, New York, strives to do our best to represent clients aggressively, in a compassionate manner, aware of the fact that other than illness or death in the family, a divorce is the most stressful situation a family or individual is likely to face.
Many people find comfort in understanding the legal factors involved in their situation. Each individual's situation is completely unique, but the following information may be helpful:
Divorce
Divorce is the legal termination of a marriage. New York is NOT a no fault divorce state. In New York, incompatibility or irreconcilable difference is not grounds for a divorce. Grounds for divorce in New York include the following:
Separation
Simply living in different houses is not the same as being separated. Separation is a legal status that exists only with a legal separation agreement or a court judgment of separation.
Annulment
An annulment is a very rare proceeding in which there is a declaration by a court that a marriage is invalid. This is different from a church annulment, which is an internal church matter which may be necessary after a divorce in order to allow you to remarry within the dictates of your religion.
Custody
There are two components of child custody. The first is physical custody, which is where the children live, and the second is legal custody, which refers to the decision-making ability concerning such things as education, religious upbringing, and medical issues. In New York, joint legal custody is a frequent occurrence, while primary physical custody is most often granted to one parent.
Visitation
Visitation, or parental access, is the time spent with the child or children by the non-custodial parent. While there is no typical experience, the standard used by the court is an arrangement that is in the best interest of the child. Often, parental access time or visitation arrangements are non-contested. On occasion, the arrangements are contested and litigation is necessary.
Support
Child support is set by a formula determined through the Child Support Standards Act (CSSA ). The child support formula [hyperlink created here] states how much the non-custodial parent pays to the custodial parent for support of their children. In general the formula is as follows:
17% of net take-home pay - 1 child
25% of net take-home pay - 2 children
29% of net take-home pay - 3 children
31% of net take-home pay - 4 or more children
Unreimbursed medical expenses, childcare costs, and other expenses may be required to be paid by the non-custodial parent in addition to the state formula amount.
Division of Property
New York's Equitable Distribution Law determines how married couples' assets and liabilities will be divided and the amount of spousal support or maintenance is fixed. It is important to know that the division of property is not a 50 / 50 split - it is an equitable split in which one party may retain more assets or liabilities.
There are three steps in this process:
We work with clients to provide all legal services in an accessible, cost-effective manner. In some cases, we are able to offer reduced-cost consultations. Contact us for an initial consultation.
Law Offices of William L. Fox
East Greenbush Divorce Lawyer
4 Springhurst Drive, Suite 107
East Greenbush, NY 12061
Phone: (518) 477-7553
Fax: (518) 477-7599
The Law Offices of William L. Fox serves clients throughout New York, including Albany, East Greenbush, Rensselaer, Schenectady, Troy, Saratoga Springs, Lake George, Columbia County, the Capital District, Tech Valley, and Hudson Valley.
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