Nassau County Property Division Lawyer
The distribution of property during a divorce is dependent on the state
in which the couple lives, and the degree of marital discord. New York
is an equitable distribution state, which is different from community
property states where property is divided in a manner that is close to equal.
For a divorcing couple in New York, many assessments will be undergone
to determine who is entitled to what property, assets, and debts. Speak with our
Nassau County divorce attorney from Jason M. Barbara & Associates, P.C. for legal guidance with any
issue related to property division.
Equitable Distribution in New York
In a dissolution case, the goal is to facilitate a fair outcome. When the
divorcing couple cannot come to an agreement, the court will take over
the process of dividing the assets. All of the assets will go through
a discovery process to determine what property is considered separate
and what is considered marital property. Some of the factors that the
court will consider include:
- Income and property of each party
- Duration of the marriage
- The age and health of both parties
- The need of the custodial parent to occupy the marital residence
- Contributions as a homemaker
- Contributions to the other spouse's education
In most cases, the court will make the determination of property distribution
without considering marital misconduct. However, in some situations the
court will consider conduct that has caused the depreciation of the marital
estate and the assets.
Ideally, estranged couples will come to an agreement on the division of
their marital property amongst themselves and with the assistance of their
respective attorneys. However, if the spouses cannot come to terms on
how their property is to be divided, a judge will have to step in and
decide for them. Since most of our clients prefer to come to a settlement
without having a judge decide, the communication and negotiation skills
of your divorce lawyer is critical.
Schedule A Free Consultation!
Are you looking for a lawyer to help you negotiate a fair divorce settlement
in Nassau County? If so, we urge you to
contact Jason M. Barbara & Associates, P.C. to arrange a
free consultation. We will explain how New York's laws of equitable distribution work
and will give you a better idea of what to expect in your case. To contact
us today, call (516) 406-8381.