Questions to Ask During Divorce

Questions to Ask During Divorce

Matters of divorce, child custody and property division deserve attention from a family law attorney who knows how to protect your rights.

Division of Marital Property

If you are getting divorced in New York, it is important to understand the legal concepts behind division of the marital estate. All marital property that is the subject of a New York divorce is subject to equitable distribution.

People often assume that equitable distribution means an equal division, but it does not. The term equitable does not mean equal, it means just and fair. In limited cases, it may be necessary for a court to award one party to a divorce a greater share of property based on financial need and the financial needs of any minor children.

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If you are getting divorced in Dutchess County, New York, contact the experienced divorce and family law attorneys at Brooke & Brady, LLP. Call 845-454-2540 to contact our law office in Poughkeepsie, New York. We can help you understand your rights and answer any questions you may have about child support, spousal maintenance and the difference between separate property and marital property.

Our lawyers have considerable experience in a wide range of family law matters, including divorce, child custody and visitation, spousal support claims, domestic violence, paternity, protection of parental rights, grandparent’s rights and marital property division. To speak to a divorce and family law attorney about your legal rights, contact Brooke & Brady, LLP.

Our lawyers have considerable experience in a wide range of family law matters, including divorce, child custody and visitation, spousal support claims, domestic violence, paternity, protection of parental rights, grandparent’s rights and marital property division. To speak to a divorce and family law attorney about your legal rights, contactBrooke & Brady, LLP.

If you are getting divorced in Dutchess County, New York, contact the experienced divorce and family law attorneys at Brooke & Brady, LLP. Call 845-454-2540 to contact our law office in Poughkeepsie, New York. We can help you understand your rights and answer any questions you may have about child support, spousal maintenance and the difference between separate property and marital property.

Whether to end your marriage is one of the most important and difficult decisions you will ever encounter. While this is an emotional matter, it is important to approach certain aspects of it with an analytical perspective. This is a decision that should take into account numerous issues. Once you review the following list of questions, you may reconsider your goals — or you may be better prepared to move forward while working with an attorney. Contact an experienced family law attorney from Brooke & Brady, L.L.P. in Poughkeepsie, New York, to help you along the journey.

Children

  • Will your children live with you or your former spouse?
  • If the children live with your former spouse, how often do you hope to see them?
  • How will you and your ex-spouse make decisions concerning the children’s health care and education?
  • Who will pay for the children’s living expenses, education and travel?
  • What if your ex-spouse remarries and the stepparent wants to adopt the children?

Support payments

  • What about spousal support and child support? Will you receive it or need to pay it? How much and for how long?
  • Will the spousal support or child support increase or decrease in the future due to changing financial circumstances, economic conditions or other factors?
  • Who will be entitled to claim the children as exemptions for income tax purposes?

Your home

  • Who will live in the marital home during the divorce process?
  • Will one of the spouses keep the marital home after the divorce, or will it be sold? How will the proceeds be divided?
  • If one party keeps the home, will the other party deed its interest to the first party?
  • If the parties decide to sell the home, will both spouses be involved in the sale and closing? Who will decide the listing price and whether a real estate broker will sell the home?
  • Who will be responsible for major repairs and the costs of preparing the home for sale?
  • Who will be entitled to deduct the mortgage interest charges and property taxes for income tax purposes?
  • Who will be responsible for any income (capital gains) taxes that are imposed as a result of the sale of the home?

Insurance

  • Will you keep life insurance for the benefit of your children?
  • Will either party be obligated to provide medical or other insurance for the other? For the children? For how long?
  • Who will be responsible for any medical, dental, prescription or hospital expenses of the children that are not reimbursed by insurance?

Income taxes

  • Who will be entitled to receive any refund from current and past joint income tax returns?
  • If there is a deficiency on any current or past joint income tax returns, who will be responsible for the payment?

Speak to a divorce lawyer

This list is not exhaustive, but it provides a snapshot of the issues that are important to consider while making a decision to pursue divorce. Consult a family law attorney at Brooke & Brady, L.L.P. in Poughkeepsie, New York, to make sure you understand the relevant issues and their legal impact.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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