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Key questions to ask when considering divorce

When beginning the divorce process, it is easy to become overwhelmed. For those who are unprepared, the emotional and practical concerns can often be difficult to bear.
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    December 12, 2013 /24-7PressRelease/ -- When beginning the divorce process, it is easy to become overwhelmed. For those who are unprepared, the emotional and practical concerns can often be difficult to bear. Fortunately, by thinking ahead and learning as much about the process as possible, individuals who are contemplating divorce can help ensure that the process goes as smoothly as possible.

First, in many cases, one of the primary concerns is whether a court is likely to order one party to pay child or spousal support. It is important to be as up-front as possible with your divorce attorney in initial consultations so that he can provide advice best suited to your needs and circumstances. It is an excelled idea to begin collecting your financial information, including W-2 forms, tax returns, bank account statements, credit card information, and retirement account information, before you decide to file for divorce.

Second, aside from questions of support payments and property division, many people are concerned about how a court determines which spouse gets custody of the children. In many cases, divorcing spouses are able to reach an agreement on questions of custody and visitation. When spouses cannot agree, New York family courts generally look to what is in the best interests of the children to determine custody and residency of the children.

Third, individuals who are filing for divorce often have questions about how a court is likely to divide their marital property. New York is an equitable distribution state, which does not necessarily mean a 50-50 division of all assets. The judge will consider a number of factors in order to reach an equitable distribution of marital property and debts. For example, a court might consider the length of the marriage, the income of each spouse, whether one spouse is receiving support payments and other information.

As is often the case, knowing enough to ask the right questions can help those thinking about divorce to begin the process with as little stress as possible. Taking the time to learn about your legal options in the beginning can pay dividends over time.

More than anything else, it is important to speak to an experienced family law attorney when you are contemplating filing for divorce who can provide advice specifically tailored to your situation and can help you decide on how best to move forward. For more information, contact a family law attorney today.

Article provided by Trotto Law Firm, P.C.
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