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What divorce can and cannot do

On Behalf of | Jan 28, 2016 | Divorce, Firm News |

Many New York individuals only have second-hand experience with divorce. However, no amount of second-hand experience can ever prepare someone for what a divorce truly entails. Several aspects have to be considered when dissolving a marriage, including establishing how property should be divided, finding new living arrangements and possibly not seeing one’s children as frequently — the ramifications of divorce are not to be taken lightly. Therefore, it is prudent to understand what a divorce can and cannot do in order to set realistic expectations for the process.

Divorce can help determine property division, or who is entitled to what when the split occurs, and divorce courts will proceed to split the property in a way that is as equitable as possible to both parties. Another aspect of divorce that can be helpful is that of support obligations, which may be alimony and child support. Finally, both child custody as well as visitation rights are determined in divorce, and the courts will always attempt to make a decision based on the best interests of the child.

Conversely, divorce is unable to guarantee a precisely equal division of property and child-sharing time. It also cannot help with ensuring that relations between the two individuals will remain civil — after all, a court order is simply a piece of paper. Finally, a divorce cannot maintain one individual’s prior standard of living because courts are not able to increase a person’s salary in order to prevent the decline of this after the divorce is finalized.

These are a few examples of how divorce can affect two individuals and what one might be able to expect from the process. However, no two divorces are the same — some may need little or no help from the courts, while others may be contested and debated on each and every tiny detail. Either way, when New York residents are planning on getting a divorce, many find they are best served by consulting with an experienced divorce attorney who can elaborate on the finer elements of what divorce can and cannot do for an individual as well as represent their best interests in the legal proceedings.

Source: FindLaw, “What Is Divorce Good For?“, Accessed on Jan. 27, 2016