New York Divorce FAQ
Whether you are considering divorce or have just received divorce papers, you likely have many questions about the process. At Bryant & Bleier, LLP, we dedicate ourselves to listen to your situation and answer your questions. Here are a few frequently asked divorce questions we receive:
What Is A Contested Divorce?
A divorce is contested when there are disagreements about the split, such as:
- A dispute about getting a divorce or the legal basis for one
- Differing views on the allocation of parenting time
- Conflict over financial matters such as property division and child support
Having professional legal representation during a contested divorce, which requires court appearances, is crucial to pursuing your goals toward a better future.
Do I Need To Submit A Statement Of Net Worth To The Court?
Yes. The court requires a statement of net worth, which details your assets, debts, income and property. It will also need to get notarized before submission.
How Is Legal Custody Different Than Physical Custody?
Custody of children is not a single concept; it has two parts, physical and legal. The parent who has physical custody has the children living with them most of the time. Legal custody is the right and responsibility of making major life decisions for the children. This includes things such as their education, religious upbringing and medical care. In many cases, both parents share both custody roles.
How Is Equitable Distribution Different Than Community Property?
Only a minority of states have community property law for division of property, assets and debts. This type of division law states that all marital property gets divided equally. In an equitable distribution state such as New York, the emphasis of the law is on fair division based on several factors.