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Family Law

Supportive Brooklyn Family Lawyer Protects Clients’ Interests

Experienced attorney advocates for New Yorkers in divorces and custody matters

As a family lawyer at the Law Offices of Natasha H. Applewhite, P.C., I assist clients during the divorce process and when related issues arise after the dissolution order is entered. My firm is located in Brooklyn and I also serve clients from Queens and elsewhere in the New York City area. I have nearly 20 years of experience practicing law her and am ready to use the knowledge I’ve accumulated over that time for your benefit. If you are seeking a divorce, or your spouse has filed for divorce from you, you can rely on my law firm for effective legal counsel designed to safeguard your rights and interests in negotiations and litigation related to child custody, child support, property division and alimony.

Contested and uncontested divorces in New York

There are two basic types of divorce in New York: contested and uncontested. In a contested divorce, spouses differ on one or more terms related to parenting and financial arrangements. Frequently terms relating to custody, visitation, child support, alimony and property division can be settled through negotiation. If not, the parties appear in court and a judge who decides on a resolution. Spouses who agree on all terms can file for an uncontested divorce. In an uncontested divorce, you and your spouse prepare and sign a settlement agreement. A judge will review your agreement and your divorce papers and if everything is in line, your divorce will be granted through an order that incorporates the settlement agreement’s language. If your divorce is contested, I will represent you before the court. If the divorce is uncontested, I can draft and review the settlement agreement to make sure it is fair to you.

Determining child custody and visitation

Child custody and visitation decisions are made based upon the best interests of children. Judges will consider several factors in making custody decision, possibly including:

  • Each parent’s parenting skills
  • The relationship of the child with each parent
  • Which parent has been the main caregiver
  • Mental and physical health of parents
  • Work schedules of each parent

Parents may be given joint legal custody, meaning they both have equal authority to make important decisions for the child. One of the parents may have physical custody, under which the child lives with them most of the time, while the non-custodial parent has a set visitation schedule. Both parents have a legal obligation to meet the financial needs of their son or daughter, with child support payments usually being sent by the noncustodial parent. Issues involving child custody are often contentious. I will work to get the most satisfactory result for you and your child.

How property is divided in a New York divorce

When couples can’t reach consensus on property division, marital assets and debts are allocated under New York’s equitable distribution standard, under which the court reviews various factors to determine what is fair to both parties. The judge will consider things like:

  • Each spouse’s income and earning potential
  • Whether spousal support is being paid
  • How long the marriage lasted
  • Whether there is a valid prenuptial or postnuptial agreement in place
  • The health and age of the spouses

Before marital property is divided, a couple’s assets must be categorized as either separate or marital property. Separate property, which is generally property each person had at the time the couple wed, is not subject to division. My law firm advises on how specific assets should be categorized and will advocate on your behalf for an appropriate result.

Reach out to a knowledgeable Brooklyn family lawyer for assistance

Established in Brooklyn in 2004, the Law Offices of Natasha H. Applewhite, P.C., assists family clients across New York City. Call my firm at 718-303-2639 or contact me online to schedule a consultation.

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