Winning Cases Since 2009
Divorce Settlements in New York
Protect Your Rights with a Divorce Settlement
Divorce can be an incredibly taxing experience. In order to protect your assets, it is imperative you retain a qualified and experienced lawyer to represent your interests and protect your rights. At Hedayati Law Group P.C., our team of knowledgeable attorneys are ready to help you pursue the most amicable and fair solution to your marital separation.
Here’s why countless people have trusted us to handle their divorce cases:
- More than 150 years of combined legal experience.
- Compassionate and trustworthy representation.
- Prestigious Super Lawyers® designation.
Our legal professionals are standing by – call (631) 880-6440 today to get started.
What Is a Divorce Settlement?
When couples divorce, they must sort out the terms of their separation and determine who gets what when all is said and done. This involves negotiating the distribution of property and debts, living arrangements of children, alimony, and other key matters. When an agreement has been reached for all issues, whether through collaborative or contested means, it is written into a document known as a divorce settlement agreement. Also referred to as a “divorce decree,” this document memorializes all terms of a couple’s divorce and carries the enforceability of law.
While financial and property decisions issued are usually considered permanent, certain provisions of divorce settlements such as custody, child support, and visitation arrangements may be changed after the fact through either collaboration between spouses or the petition of one spouse for a post-divorce modification. Modifications will only be approved if a considerable amount of time has passed since the divorce settlement was first issued or if a substantial change in circumstances has occurred.
Important Aspects of a Divorce Agreement
There are several legalities and complexities of divorce that can be overwhelming when attempting to obtain a divorce agreement. Our firm is here to help explain and facilitate the process, while never forgetting to maintain the financial security of you and your family.
When proposing a divorce settlement, the following must be considered:
- Assets and liabilities
- Future expenses
- Child custody
- Visitation rights
- Spousal support
The settlement is about negotiating all of the possible benefits and compensation that you may be entitled to receive. Our office can help you pursue a settlement that will leave you financially able to support both yourself and your children.
What Happens if Couples Cannot Agree?
If spouses are unable to come to an agreement on their own regarding any issue, unresolved matters may be submitted to the courts to be decided through litigation. This is known as a contested divorce and will involve a trial before a judge or jury. Divorce settlements may be contested in full or in part during the divorce process.
Divorce litigation is much like other types of civil trials and involves many of the same steps, including discovery, opening statements, witness testimonies, cross-examination, and closing arguments. After both sides have had a chance to plead their case, a judge will issue a decision.
Since divorce litigation can be an expensive and lengthy process, it is vital that separating spouses dedicate a reasonable attempt to resolve their issues out of court. A skilled attorney from our firm can help guide you and your spouse towards a mutual agreement and keep tensions to a minimum, allowing you to get through this difficult time as smoothly as possible.
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