Is custody automatically granted to stay at home parents?

When a couple is getting a divorce, one of the biggest topics of discussion and concern is which parent will receive primary custody of the child or children. Some parents may fear that the parent who stays at home with the children will automatically be granted full custody simply because they spend more time together. However, it is important to know that this is not the case in many situations. Continue reading

Can I have sole custody?

Divorces are complicated matters that become further complicated when children become involved. Determining a custody agreement can be a highly emotional process because the thought of not seeing your child as much as you once did can be very upsetting for some parents. In fact, many parents wonder if it is possible for them to obtain sole custody of their children. Continue reading

What is no fault divorce?

When a couple in New York State makes the choice to get divorced, they will have to begin the process by declaring the reason for the divorce. However, New York is a “no-fault” state. No fault divorce means that you can just say that your marriage isn’t working anymore and there is no sign that the state of the marriage will improve in the future. Continue reading

What should I know about equitable distribution?

When a couple files for divorce, they will have to discuss a variety of factors and answer some difficult questions about their future. These questions may include which person will have primary custody of the child, whether or not one of the spouses will receive support payments, and how all of the marital property will be divided between the spouses. Marital property includes anything that was purchased during the course of the marriage. Depending on how long the couple was married, they have likely acquired a number of assets. These assets may include a home, a car, all of the furniture in the home, and any other property that the couple may have acquired over the years. Continue reading