The purpose of a divorce is to dissolve a marriage and unwind the bonds of matrimony. A divorce will determine the Custody, Guardianship & Visitation of any children of the marriage as well as any Child Support that may be required.
Divorce also seeks to divide the marital estate through the equitable distribution of the marital property. Marital property refers to all property obtained during the marriage. Equitable Distribution does not necessarily mean an equal split but generally is determined by what is fair under the circumstances. Often times, courts will look at the income of each party, the length of the marriage, each party’s needs, what property each party contributed at the beginning of the marriage, what each party contributed during the marriage, and any other factor which a court finds to be just and proper. Equitable distribution may also include a determination of the exclusive use and occupancy of the marital residence.
Another reason for divorce is to determine, what, if any, spousal maintenance, or alimony, may be required. Generally, maintenance can be awarded to either spouse upon the dissolution of the marriage and is often provided Pendente lite, or during the divorce process, to assist the less monied spouse in maintaining their lifestyle until such time as a divorce can be finalized, the marital property is distributed, and a final order of maintenance is made which is designed to provide to encourage the economic independence of the receiving spouse after a certain number of years. In order to determine the appropriate amount and duration of maintenance, a court may look to several factors including the standard of living during marriage, circumstances of the divorce, the present and future earnings of each party, each parties individual assets, and the duration of marriage, age and health of the parties.
Order of Protection and name changes that allow a party to go back to their prior surname or maiden name, are also issues that a divorce may resolve.
At Nelson, Robinson & El Ashmawy, PLLC, we are experienced in the rigors of divorce litigation. We also understand that the traditional approach to divorce can be time consuming, expensive, and extremely stressful by involving lawyers and judges who make the decisions that will affect you and your family. That is why we also are experienced with uncontested divorces, which may take months and not years, is less expensive, less adversarial and less stressful as you are empowered to make the decisions that will ultimately affect you and your family. If you and your spouse can reasonably agree on many of the issues at stake, an uncontested divorce may be for you. After negotiating the terms, we can draft a separation agreement, prepare and file all the necessary documents with the court, and then receive a final Judgement signed by the judge without the need for lengthy and costly court appearances.
Divorce proceedings are often intimidating. Having an experienced attorney who understands your priorities to help educate and guide you through your divorce is essential. Whether your divorce is contested or not, we will aggressively pursue the best outcomes to ensure that you and your family are supported in the future. If you are involved in a divorce, or will be soon, please contact Nelson, Robinson & El Ashmawy, PLLC by email or call us at (212) 962-1740 and let us help you protect your rights.