New York Divorce Attorney

Gregory Salant is a well respected New York Divorce Attorney. Most divorces are finalized without going to court. Spouses can negotiate the process of divorce settlement informally or through out-of-court processes like mediation or collaborative law. However, the court still affirms the terms of the agreement. If the judge disagrees on some terms, the spouses will be required to continue negotiating those terms. The case could proceed to trial if a divorce settlement is not reached. Couples can minimize stress and contention during a divorce proceeding by being well prepared.

Factors considered in a divorce settlement include:
 

Assets:
New York distinguishes marital property from separate property. Property acquired during the marriage is generally marital property; property owned before marriage, an inheritance, or a gift from someone other than the spouse may be separate property. Homes, cars, bank accounts and pension interests can all raise classification and valuation questions. Marital property is divided equitably, not necessarily equally. Ask counsel how these principles apply to each asset; a brief summary cannot resolve every exception.
 

Debts:
Identify loans, credit cards, balances and any proposed responsibility for payment as part of the financial review. Ask counsel how each debt should be addressed; do not use a list of co-signed accounts as a substitute for reviewing the full circumstances.
 

Spousal maintenance (alimony):
Temporary maintenance may be awarded while a contested divorce is pending, and post-divorce maintenance may be awarded after divorce. New York has guidelines for both. Whether support applies and its amount and duration need review in the particular case.

Child Custody and Support
The couple should determine child custody, child support payments, health insurance coverage, educational costs and financial issues as it relates to the child.
 

For more information please contact New York Divorce Attorney Gregory Salant at gsalant@haroldsalant.com or call 914-683-2500 for a consultation.