Divorce With Children Involved

Once the decision has been made to file for divorce, the primary concern of many divorcing couples typically centres on the children of the relationship.Divorce with children involved in New York is either contested or uncontested based on how the couple are settling their assets. In an uncontested divorce, both parties are in agreement about the division of all assets, and are also in agreement regarding child support, custody and additional aspects regarding the children. Where there is a contested divorce in New York, there are some points which have not been decided . This can involve custody disagreements or issues concerning martial assets.In the courts of New York a divorce with children involved is taken as being a very serious issue. A considerable sum of time and resources are allocated to determine which arrangements are in the best interests of each child. When there is a contested divorce, a child psychologist will meet with each child, to detect if any negative effects of the split are becoming apparent. These psychologists meet with the children individually also to help determine which spouse is best suited to the role of the custodial parent. Typically this requires a minimal number of two sessions with the child psychologist, and the process demands that the parents should alternate in taking the child to an interview each. In the case of a divorce with children involved, the custody decision may be instrumental in deciding which parent retains ownership of the family’s home. Generally the custodial parent is allowed to stay in the marital home while living with the children until they reach adulthood. However there are a quite a few aspects of this issue that must be considered, such as the number of years that the family were in possession of the house. Other aspects of the settlement which have to be ruled upon by the court include child support. A detailed assessment of the assets and finances of both former partners has to be conducted with a view to work out the specifics of the divorce settlement. This will be considered when calculating the size of the child support that has to supplied by the noncustodial parent. The custodial parent can stipulate that a ruling be made with regard to the future college fees of the children, regardless of their age at the time of the settlement. When a court is faced with an uncontested divorce with children, the New York divorce courts possess the legal right to make a ruling concerning the custody of the children. Even when the parents are not contesting the custody of the children, the courts can go against this compromise  if they decide that the children will benefit from a different choice of custodial parent. We are a team of New York Divorce Lawyers with extensive court and negotiations experience. Get right divorce for a wrong marriage.