Divorce, Separation, Custody, and Child Support
Law Firm in White Plains, NY
No matter how difficult or complex your situation, we strive to resolve disputes creatively and positively to lessen the toll a divorce or separation takes on your life and future. Carton & Rosoff PC provides strong, effective assistance for divorce proceedings through litigation, collaboration, and mediation. Our firm's experienced, competent legal counsel is offered at affordable rates with an unwavering commitment to our clients.
Divorce and Separation
New York requires that a person show one of the following grounds in order to obtain a divorce:
- Cruel and inhuman treatment
- Adultery
- Abandonment for at least one year, including constructive abandonment
- Incarceration for at least three consecutive years
- Living separate and apart pursuant to a separation agreement for at least one year
Dissolving a marriage typically involves more than establishing grounds for divorce. Every attorney at our firm regularly assists New York divorce and separation clients with all aspects of matrimonial law, including the following:
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Spousal Support and Maintenance
Throughout a marriage, a husband or wife may come to rely on the other partner's financial contribution to the relationship. In order to maintain this level of financial stability during separation and divorce, one party may be entitled to receive spousal support or spousal maintenance. Spousal support is set by agreement or court order in an amount and duration appropriate to the particular circumstances. Temporary spousal support can be ordered or agreed to until the completion of divorce proceedings in Supreme Court or support proceedings in Family Court. A final support determination sets the amount to be paid, typically weekly or monthly, by one spouse to the other. The support can be for a specific number of years or until the supported spouse becomes self-sufficient. In some cases, spousal support can continue until the retirement of the payor spouse or the supported spouse. Unless agreed otherwise, remarriage of the supported spouse will terminate support. The court considers many factors when deciding spousal support, including the following:
- Income and property of each spouse
- Wasteful dissipation of marital assets by either spouse
- Earning capacity of each party
- Duration of marriage
- Presence of children
- Ability of party seeking maintenance to become self-supporting
- Tax consequences to each spouse
To see if spousal support applies to you, contact the experienced matrimonial law firm Carton & Rosoff PC today.
Property Division
New York is an equitable distribution state. This means that property must be divided equitably—not necessarily equally—between two divorcing parties. There are three steps in the process of dividing marital property:
- Defining marital property that is eligible for distribution
- Determining the value of the property
- Distributing the property
Distribution of marital property depends on several factors, including the age, income, and health of the parties; the duration of the marriage; contributions of each party to the acquisition or enhancement of an asset; and any tax consequences. Marital property is any property or asset acquired during the marriage, including real estate, physical possessions, professional degrees and licenses, and business ventures.
Property exempt from asset division includes property owned prior to the marriage, inheritance or personal injury compensation received during the marriage, or any asset designated as separate in a written agreement.
Carton & Rosoff PC's attorneys represent clients through the equitable distribution process to protect their financial rights.
Child Custody and Visitation
Child custody determinations address physical custody (where a child will live) and legal custody (the right to make major decisions on behalf of the child). If parents cannot resolve these issues through negotiation, the custodial claim must be addressed in court. The court must examine a variety of factors in child custody matters, including the following:
- The parent who has been the primary caregiver to the child
- The ability of each parent to provide for the child's needs
- The mental and physical health of the parents
- The mental and physical health of the child
- Allegations of domestic violence
- The child's preference
- The ability and willingness of each parent to foster and encourage a relationship between the child and other parent
The lawyers of Carton & Rosoff PC will develop the strongest possible case to support your claim for custody. The noncustodial parent is typically granted frequent and regular parenting time. If safety is an issue, the court may order the following:
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Our attorneys make sure that you continue to be an important part of your child's life after your divorce.
Child Support
Child support in New York is governed by the Child Support Standards Act (CSSA). Although parents can agree to "opt out," the CSSA requires noncustodial parents to pay their proportionate share of the following percentages of combined parental income:
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One child Two children Three children Four children Five or more children |
17% 25% 29% 31% No less than 35% |
Child support payments in New York continue until the child turns 21 years old or is otherwise emancipated.
Our lawyers represent clients in child support hearings to ensure that child support awards are fair and enforced when made.
Helping Families Make Smooth Transitions
Established in Westchester County in 1988, Carton & Rosoff PC has extensive experience in divorce and separation, matrimonial and family law, and related legal matters. Our professionalism and creative approach to problem solving set us apart from the competition and set you on course for a better future.
Contact our law firm to work with a seasoned New York divorce lawyer. With offices in White Plains and Manhattan, we serve Westchester County, Putnam County, New York County, and Bronx County.
