Divorce law is not like criminal law. For example, a cheating spouse is not punished for a moral lapse in judgment. What the court wants to do in this case is to reach an equitable resolution. That means that every court in New York draws a boundary between the reasons for a divorce and the division of property. Therefore, it is not in the court’s domain to take a moral position on why a divorce filing occurred. It is only interested in a fair and equitable distribution of a couple’s assets.
How the Court in New York Views Equitable Distribution
That is why it is important to hire a divorce attorney in Port Jefferson, NY to reach a settlement. New York is an equitable distribution state. Therefore, the division of property is managed, so the outcome is fair to both parties. However, that does not mean that a couple’s assets will be split 50/50. A number of considerations, such as the contribution of each party, will be factored into the decision-making process.
Reaching a Settlement
A divorce attorney can assist you in the equitable distribution phase of your divorce so that you receive a fair allotment of the marital property. During this stage, the court reviews the length of the marriage, the property and income of each spouse, the non-financial contributions of the two parties, and the age, health, and earning capacity of each partner in the relationship.
They also consider whether or not spousal support is awarded and the wishes of each spouse concerning certain assets. The non-liquidity and liquidity of the property is reviewed as is any wasteful dissipation of assets before the divorce was filed.
Scrutinize Your Situation First
Needless to say, this type of allocation cannot be easily settled without the help of a divorce attorney. You can learn more about the process when you check out on the Internet. Scrutinize your situation so that you can provide your legal counsel with complete and reliable information about your holdings and property.
