Questions to Ask During Divorce

When you are faced with divorce, working closely with an attorney who will explain your rights and options can help you make decisions that are in your best interests. Contact our firm today to schedule a consultation and case evaluation with an experienced family law attorney.

New York is Not a "Community Property" State

New York is not a community property state, but engages in equitable distribution of assets upon divorce which needs to be fair and take into consideration factors such as the following:

Health and age of each spouse
Property and income of each party at all times during the marriage Ability of individual spouses to earn a living
Length / duration of the marriage
Loss of inheritance, pension, disability or retirement rights upon divorce
Contributions during marriage (as a parent or homemaker)
Other property distribution made (through spousal maintenance, or other assets held as separate property)

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The information about marital property distribution in New York divorce found on this Web page is of a generalized nature and does not necessarily pertain to your individual circumstances. Contact the law offices of Colwell, Colwell & Petroccione, LLP in Albany to schedule a consultation with a lawyer regarding division of assets and debts in your New York divorce.

Whether your New York divorce is contested or uncontested, you need proper advice and adept representation as you prepare for mediation, settlement negotiations, collaborative law meetings, trial or family court appearance. Contact us to discuss your high asset or "middle class" divorce with a knowledgeable attorney.

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 Colwell, Colwell & Petroccione in Albany, 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?

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 Colwell, Colwell & Petroccione in Albany, New York, to make sure you understand the relevant issues and their legal impact.

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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