White Plains Divorce Lawyer
Divorce is an overwhelming and a complex process. Couples deciding to get a divorce in White Plains must be aware of the basic terminology involved in a divorce case and the process is made much simpler when you hire a professional and experienced divorce lawyer.
Below are some of the basic terminologies involved in a divorce:
- Custody- Custody refers to the parent who will have responsibility of the child. Courts nowadays award joint custody of the child to both parents. It means that both parents will have an equal right in the upbringing of the child, although one parent will be awarded primary physical custody. When a parent is awarded primary physical custody, it means that the child will live with that parent and have visitation with the other parent. In some situations, joint custody also refers to the fact that the child will spend an equal amount of time with each parent.
- Child Support- In the context of child custody, it is the legal obligation of parents to support their children. The parent having no custody of the child will be ordered by the court to pay child support to the custodial parent. In case of joint custody, the parent having primary physical custody will receive child support from the other parent. Every state has different child support guidelines to determine the amount of child support. In context of property custody, it means the care and control over property, but not ownership.
- Spousal Support- It is sometimes known as “alimony or separate maintenance payments.”A court can order a spouse to pay alimony to the other spouse, to whom support is owed.
- Visitation- A parent who does not have the primary physical custody of the child is granted visitation rights on a regular basis. To avoid any disagreements between parents, an agreement is made on a visitation schedule.
- Equitable Distribution- Property acquired during the marriage should be equally distributed between spouses during the divorce process. Factors such as duration of the marriage and earning capacity of the parties are generally used to determine equitable distribution.
- Petition for Divorce- Petition for divorce is a document that is filed in the court by the party seeking a divorce. It is also called“Petition for Dissolution of Marriage”. This initiates the process of a divorce.
- Temporary Order- Temporary order (or Interim Order) in a divorce is a court order and is not permanent. It lasts only until a hearing, a final order or until some other specified event occurs. There are three different kinds of Temporary orders:
- Temporary custody order: specifies which parent has custody of the child, pending a final custody determination.
- Temporary support order: an order that provides one of the parties to a divorce to pay support to the other party or for the children or both.
- A temporary restraining order: an order that is issued to prevent one of the parties to a divorce from disposing off property.
- Community Property- Community property states that a property that is acquired by both spouses during their marriage belongs to both. A property that was owned by either of them prior to the marriage is their separate property. However, if that separate property gets combined with the community property, it can become a community property.
Are you currently contemplating a divorce in New York? You are entitled to receive fast and effective solutions that restore your peace of mind. Contact knowledgeable and compassionate White Plains divorce lawyer Gregory Salant. He will explain your legal rights in terms you can understand. He also provides guidance, counsel and help for you to understand your choices and will work with you to achieve the best possible result as quickly and cost-effectively as possible. Call today for a free consultation at 914-683-2500 or email at email@example.com.