Divorce can be stressful for many reasons, but taking care of the legal aspects of divorce in a separation agreement doesn’t need to add to your stress. Knowing what needs to be taken care of when you begin the process of separation and working with an experienced divorce lawyer in New York can make matters much simpler for everyone involved. Rather than preparing yourself for a long and drawn-out legal battle, as many people worry will be the case when getting ready to divorce their spouse, you could be sitting down with an NYC divorce lawyer and drawing up an agreement that clearly notes the terms of your separation and how you will proceed moving forward. However, you need to know what should go into this agreement if you want everything to go as smoothly as possible.
Identify Assets and Property
Among the most vital things to address in a separation agreement are the assets and property and how they will be divided. One of the first things to do when sitting down with an NYC divorce lawyer is to identify which of yours are separate assets and joint assets. For example, if you and your partner bought a house together, this may be considered a joint asset, and you will need to come up with a plan to divide the value property fairly. However, if you have a property you purchased prior to marriage, this may be considered a separate asset, and your partner has no claim to it. Other assets to take into consideration can include bank accounts, loans, or credit card debt. Even personal property such as furniture, phones, or vehicles may be considered assets.
Children and Child Support
If you and your partner have children together, you will need to work with law firms in NYC specializing in divorce law to develop a plan regarding custody, child support, visitation, and other matters. Communication is vital at this point for everybody involved. While in the past it was more common for one of the parents to retain sole custody of the children, it is becoming increasingly common for parents to have joint legal custody of their children, though this is not always possible. However, you may be surprised by the various ways in which joint custody can work for couples.
A divorce lawyer in New York who has experience in these types of cases can help navigate even tricky situations and possibly develop a plan that works for both parents. For example, if joint custody is possible, but a child will stay with one parent more often than another, the parent they are going to stay with more often will be considered the residential parent. When working with law firms in NYC, you can also discuss issues surrounding child support. This is often a tricky issue since child support cannot be waived, and certain guidelines must be followed.
Though separation is a stressful situation to be in, working with an experienced NYC divorce lawyer can help make things easier for everyone involved. You can contact us today at Gordon & Gordon if you need help or have any questions!