Divorce

selective focus of couple sitting at table with divorce documents

Experienced Divorce Attorney In New York

We know that divorce is a difficult and confusing time. It’s normal to feel overwhelmed and emotional. That’s why we offer legal support from a Christian perspective.
We’ll help you understand your options by considering the law, ethics, and your beliefs. Together, we can find the best solution for your divorce, including topics like:

Keeping The Family Unit In Mind Is Critical.

Divorce is not the end, especially if you have children. You will need to stay in touch for many years to raise them and share important moments like birthdays and graduations.

Instead of fighting and making things difficult, we seek peaceful solutions that protect your family and your future. We will help you make the best decisions, even when they are difficult, and protect your financial and emotional interests. 

“We do not seek revenge, but fair solutions that allow you to move forward with your life in the best way possible.”

Options Other Than Divorce

Often, clients some to us as a first step when martial problems occur. We ask our clients to keep in mind that divorce may not be their only option. Marital counseling may help resolve the issues without having to resort to divorce. We offer licensed faith-based marriage counseling (usually free of charge) through our association with various religious organizations. We have seen success in this area. Faith-based counseling seeks to get to the root issues and change the heart, not just change behavior. While you may like your spouse to treat you differently, without a true change of heart there will be no joy in the marriage. A thief in jail stops stealing but he is still a thief at heart. 

Legal separation may also work for you. Legal separation allows a “cooling off period” between the parties whereby they may reflect upon their marriage and seek to resolve issues in a way that will allow them to reconcile. There are legal and spiritual issues. While some faiths endorse legal separation for their members, other do not. We are familiar with both aspects and can guide you accordingly. 

The Divorce Process

Each divorce has at least two issues.

1.- Whether you stay married or get divorced. This is the first decision.
2.- Personal issues: such as money, child support, property, and alimony.

We help you sort these things out and guide you through the divorce process. Every divorce is different, but in the end, a judge will make decisions about your divorce in an official document.

If there is still no agreement, more documents are reviewed, such as taxes and bank accounts. Sometimes, experts are needed to find hidden assets. Decisions are made about child custody, money, and property.

Then, the judge tries to get you to agree at a meeting. If you do, great! If not, there is a trial where the judge decides for you.

We know this is hard, so we always look for an agreement to make the process as painless as possible. But the final decision is always yours.

 

Property Division

In a divorce, property–both real and personal, business or investment assets, pension and retirement assets–is either considered to be the property of both parties (marital) or the property of only one of the parties (separate). Typically, any property acquired during the marriage is considered marital property and equitably divided between the parties. Property acquired before the marriage, by inheritance or by gift to only one spouse is usually considered separate property and is not divided.

Division of Assets and Debts

New York State recognizes equitable distribution of marital property in a divorce. While equitable is often 50/50, it is not necessarily equal. Equitable division is fair division of all the property and debts of a marriage — taking into account the situation.

This can be a complex endeavor, especially when divorcing couples own sophisticated property and real estate. At the Law Office of Thomas V. Sassone, P.C., we are well prepared for the challenge. Located in New City, New York, we help our clients divide marital property, including complex property:

  • Businesses
  • Professional licenses
  • Real estate
  • Investment assets
  • Pensions and 401(k)s
  • Personal property

Child Custody

New York State recognizes two different types of custody: physical custody and legal custody. Physical custody is the authority to spend time with the child. Legal custody is the authority to make decisions for the child. These decisions pertain to education, health care, religion and other important matters.

At the Law Office of Thomas V. Sassone, P.C. we help our clients go to court to protect their relationships with their children. We go to great lengths to help our clients achieve the best possible results through legal action.

Each family is unique. Sometimes, joint custody works well for a family. Other times, family dynamics call for one parent to be the primary caretaker with visitation — also called parenting time — for the other parent. Our law firm can help you determine which is best for your family.

Child Support

In New York State, child support guidelines help parents determine how much support they will pay or receive. The guidelines are based on the parents’ incomes and take many different factors into account, such as the costs of day care and medical costs. Parents must often provide tax records and payroll stubs in order to correctly calculate the amount.

It can feel overwhelming to try to make the calculation yourself — especially because so much depends on getting things exactly right. At the Law Office of Thomas V. Sassone, P.C., our New City, New York, law firm represents parents who need child support matters determined as part of a divorce or paternity proceeding, as well as parents seeking to modify or enforce an existing child support order. 

Spousal Support

Spousal support in New York State is called “spousal maintenance”. Although it is very different, some people still like to use the old term “alimony”. In New York State, there is both a pre-divorce and post-divorce guideline for spousal maintenance. The guidelines are based on the parties; incomes and take many different factors into account, such as whether child support is to be paid, earning potential of the parties, distributive awards, etc. The parties must often provide tax records and payroll stubs in order to correctly calculate the amount.

It can feel overwhelming to try to make the calculation yourself — especially because so much depends on getting things exactly right. At the Law Office of Thomas V. Sassone, P.C. law firm represents parties who need spousal maintenance as part of a divorce proceeding.