Divorce With Children Involved

Once the decision has been made to file for divorce, the primary problem facing many divorcing couples typically centres on the children of the marriage. Divorce with children involved in New York can be described as either contested or uncontested based on how the couple are settling their assets. Where there is an uncontested divorce, both parties have agreed on how all marital assets should be divided, and have also come to a compromise concering child support, custody and various supplementary aspects relating to the children. Where there is a contested divorce in New York, there are usually a range of aspects of the settlement which have not been decided . This may be due to a lack of agreement on custody of children, or conflict regarding the splitting of marital assets.

In the state of New York a divorce with children involved is considered to be a very serious issue. A considerable proportion of time and resources are spent to decide what future arrangements are most beneficial for each child. When the judicial system must intervene in a contested divorce, each child will be given time with a child psychologist, to detect if the children are being badly affected by the split. These psychologists are also tasked with conducting interviews with each child to assist the court in the choice of a custodial parent. Usually this approach involves a minimal number of two sessions with the child psychologist, and the procedure requires that a different parent should take the child to one of the interviews.
Generally in the event of a divorce with children involved, the decision concerning custody may be instrumental in deciding which parent retains ownership of the marital home. In general the custodial parent is given the option to live in the family home with the children until they reach a certain age. However there are other aspects that can affect this, for example the number of years that the family were in possession of the house. Other items that must also be decided by the courts include child support. A very thorough analysis of the assets and finances of both former partners needs to be carried out so that an appropriate divorce settlement can be decided upon. This will be considered when calculating the amount of child support which must be paid. The custodial parent may ask of the court that an item be added to the divorce settlement in relation to the future college fees of the children, irregardless of their age at the time of the divorce.
In the event of an uncontested divorce with children, it is possible for the New York courts to intervene on the subject of custody. Even in situations where the parents are in agreement regarding custody, the courts may overrule this compromise  if they think that an alternative situation is more beneficial to the children.