Unfortunately, many marriages end in separation or divorce which can be overwhelming not only for the spouses, but the entire family as well. The divorce process involves resolving a number of issues like the division of property, spousal maintenance (or alimony), and child custody and support. If you are considering a divorce, it is essential that you know your rights in order to protect your interests, your children's well being, as well as your assets and finances.
At the law offices of Gassman Baiamonte Gruner, P.C. we will provide you with a supportive atmosphere and a high level of personal service throughout the divorce proceedings. Our matrimonial attorneys will work with you throughout the process, inform you of your rights and strive to alleviate the emotional strain that can arise from a divorce.
The Divorce Proceeding
We will provide you with counsel and fight for your rights though all aspects of the divorce proceeding which includes:
- Legal Separation
- Dissolution of Marriage
- Division of Property
- Spousal Maintenance (Alimony)
- Child Custody and Support
- Post-Divorce Modifications
- Enforcement of Support Orders
Key Issues in a Divorce
In a divorce, some of the key issues that must be resolved involve the division of property, spousal maintenance and child custody and support.
- Division of Property. A couple going through a divorce must decide how to divide the property that was acquired during their marriage. This includes money and personal property as well as stocks, business interests, real estate, and debt. Of course, the most difficult item to divide is the family home. Ultimately,property must be divided in a way that will be approved by the court in accordance with New York State's equitable distribution rules.
- Spousal Maintenance (Alimony). The court will decide whether to award spousal maintenance for life or for a specific period of time, to either spouse, depending on the circumstances. Some of the factors that the court relies upon include the income and property of each spouse, the length of the marriage, the age and health of the parties, the present and future earning capacity of each party, and a spouses need for further education in order to earn a living.
- Child Custody and Child Support. Courts generally prefer to grant legal and physical custody of children to both parents. When a court awards a parent sole physical custody, however, it may also award the non-custodial parent reasonable visitation rights. To calculate child support payments, courts will consider each parent's income, whether one parent is paying alimony to the other, the child custody arrangements, the parent's standard of living, and any health, medical, or educational expenses of the child.
We realize the long lasting impact a financial support agreement or order can have on a parent and children. Our clients are involved in every step of the process, either within the context of a negotiation or inside a courtroom. Regardless of the path taken, our matrimonial attorneys take the necessary steps to make sure our clients receive the very best result possible: long lasting financial security.
Protecting Your Rights in a Divorce
The law office of Gassman Baiamonte Gruner, P.C. will work with you to understand your needs and objectives in the event of a divorce. Because a divorce can be an emotional challenge, you need an attorney by your side to steer you through the process and to protect your interests.
Our matrimonial attorneys have expertise in a wide range of issues including child custody, support and visitation, equitable distribution, spousal maintenance, license and professional practice valuations, and enforcement and modification proceedings. We also have extensive experience preparing pre-marital, post-marital and separation agreements.
Although our matrimonial attorneys are experienced litigators and comfortable handling a case within the confines of a courtroom, we are committed to resolving cases as amicably and expeditiously as possible. If you are considering a legal separation or divorce, call the law offices of Gassman Baiamonte Gruner, P.C. today.