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 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
- Awards for spousal support
- 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 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.