36d9687ebefa0e05

Common Mistakes Made During a Divorce

Thu, 04 Jan 2024 18:40:06 GMT

Tips from Our Experienced Divorce Attorney

Divorce is a complicated, emotional process for all parties involved, even when it is something that both parties want. When kids are involved, it can get even messier, which is why we suggest hiring a family attorney to help you navigate the divorce process. Our family attorney at the Law Offices of Steven H. Grocott has lots of experience helping people get through the divorce process. Here are some common mistakes that our attorney can help you avoid as you go through the divorce process.

No Legal Representation: Not having a family attorney when you go to court for your divorce case is a huge mistake. Family attorneys will make sure you do not miss the opportunity to express concerns and have time to speak about anything you feel needs to be communicated to the judge. Without a family law attorney, you could very well miss a lot of things you are entitled to as you end your marriage.

Failure to Communicate Effectively: Our family attorneys have helped many people produce effective ways to communicate to the judge what they would like to have rights to after leaving their spouse and have solid evidence to back it all up. A judge wants to see evidence as to why you deserve the house or more custody of the kids, so they can make a sound and fair decision.

Neglecting to Prioritize the Children's Best Interests: The priority of any judge when it comes to child custody battles is to do what is in the best interest of the child. So, if the mom has been doing all drop-offs and pick-ups for school and taking care of the child most of the time, the judge will grant her more custody rights than the father. The judge wants to keep as much stability for the child as they can as the child’s parents split. The only time that a judge may remove a child from the parent that had been caring for them primarily is if the home they are providing for the child is unsafe.

Contact the Law Offices of Steven H. Grocott to schedule an initial consultation with our family law attorney. Our services are accessible to West Seneca, Hamburg, Orchard Park, Lackawanna, Cheektowaga, Blasdell, Amherst, and Buffalo NY.

The Benefits of Hiring a Divorce Lawyer

Tue, 31 Oct 2023 18:05:19 GMT

The Benefits of Hiring a Divorce Lawyer

You can never go wrong with hiring a divorce lawyer to help you through the emotional roller coaster of divorce. Your divorce lawyer can be a steady hand to guide you through the rough trenches of the court system by guiding you through each step of the divorce process. Here are some of the ways a divorce lawyer can assist you as you go through a divorce.

Complex legalities - There are many different legal aspects of divorce that can be extremely overwhelming for anyone, especially those who know nothing about laws when it comes to child custody, property division, and anything else that has to do with divorce. Your divorce lawyer will be able to take the lead on all the legal stuff including your rights, the paperwork, and gathering proper documentation to make your case stronger.

Emotional stability and objectivity - Your divorce lawyer will be an emotionally stable person to help you make decisions based on logic and not on feelings. They will also be able to give you objective advice about what you should consider doing, that would be in the best interests of you and your children if you have any.

Paperwork - The amount of paperwork that needs to be done before a divorce is finalized is daunting, but with help from a divorce lawyer, you can get it done fast. Your divorce lawyer will take you through each document and make sure you understand what it means and how to fill it out properly.

Contact the Law Offices of Steven H. Grocott to schedule an initial appointment with our divorce lawyer to see if they are the right fit for you and your case.

What is Marital Property?

Fri, 30 Jun 2023 17:48:33 GMT

Marital Property Explained

When we enter a relationship with someone, we usually already have a lot of property of our own before we tie the knot. Some property that we probably own before marriage includes our car, jewelry, pets, and homes. You have worked hard for these things and paid a lot of your precious money to get them. When we enter a marriage, we begin to share a lot of these things. Unfortunately, not all marriages withstand the test of time. Divorces can get ugly. Both partners become emotionally distressed, and this makes for intense and passionate debates about who is entitled to which assets.

One of the main debates that comes up is what qualifies as marital property. Marital property is any asset that is acquired after your marriage has begun. It does not matter if only one person is listed as the owner, you both are legal owners. For example, if one partner purchases a vehicle and their name is the only one on the title, it is still marital property. There are a few exceptions to the rules of marital property.

They include:

Gifts: If someone gifts you something that is clearly meant for only you, that is not marital property. To keep it that way, you must be careful to avoid converting it into marital property. For example, if someone gives you a check that is meant only for you and you deposit it into a joint account, it is now marital property.

Inheritances: Much like a gift, an inheritance is not marital property, but it can be converted into it.

Personal Injury Awards: When you receive a personal injury settlement, all or most of it will be considered your personal property. However, if you deposit the money into a joint account, that award money is now marital property.

Contact Our Divorce Lawyer Today

The Law Offices of Steven H. Grocott is a divorce attorney serving the West Seneca, NY area. Divorce is a sad reality that many marriages face. They are times of intense emotion, and a fierce point of contention is the division of assets. The only assets that must be divvied up between soon-to-be ex-partners are those that are considered marital property. Our lawyers will help you determine what qualifies as marital property and make sure you get your fair share of that upon the completion of the divorce process.

Factors That Impact Spousal Maintenance

Tue, 28 Mar 2023 15:16:40 GMT

What Factors Determine Spousal Maintenance Payments?

Did you know that according to Times.com, about 39% of couples will get divorced? That is a high rate. Divorce is not something that anyone dreams of or wants. However, it happens. A common outcome of a legal separation is that one spouse must pay spousal maintenance to the other. However, few know what factors impact alimony payments. Well, we are here to help you understand what factors impact spousal maintenance. The factors include:

Self-Supporting Ability of Each Spouse: Alimony is meant to help support your former spouse at the end of the marriage. If both spouses earned a salary during the marriage, courts are less likely to award alimony. If one person quits their job to become a homemaker, they are more likely to receive spousal maintenance.

Your Salary: Courts use your salary as a factor when determining alimony payments. The court will analyze the higher-earning spouse’s salary along with the other spouse’s ability to be self-sufficient. The ability for each spouse to support themselves and spouses who have similar salaries will be less likely to have spousal maintenance.

Existence of Marital Misconduct: Misconduct such as financial mismanagement, physical abuse, abandonment, and neglect are factors that impact your alimony payments.

Child Care: When children are involved in a divorce, courts will often mandate that one parent provides child support payments to the other.

Standards of Living During Marriage: Certain standards of living that were established during the marriage will be expected to be maintained for both spouses. So, the higher-earning spouse may have their alimony payments impacted by this.

Contact Our Spousal Support Lawyer Today!

The Law Offices of Steven H. Grocott is a spousal support attorney serving the Buffalo, NY area. Alimony is a fiercely contested subject when it comes to divorces. Each spouse either doesn’t want to pay it or thinks they deserve more. Regardless of the side you are on, our divorce attorney can help you. We will defend your rights and protect your interests in the family court system. Contact us today to schedule your initial consultation!

Types of Child Custody

Wed, 21 Dec 2022 14:10:40 GMT

Types of Child Custody in NYS

Many divorce cases come with a fiercely debated topic, child custody. Every parent cares about their child. Their child is the center of their whole world. You do everything you can to make their life better than yours was. As a parent, going through a divorce, you do not want to lose custody of your child. You want to be able to be there for their sports games, birthday parties, holidays, and other major life events. That makes the topic of child custody so intensely debated in divorce cases.

However, it is not always straightforward to determine who gets child custody. That is because many factors go into child custody and there are several types of child custody. Here are the two types of child custody in New York State:

Sole Custody: This awards custody to a single parent. That parent gets the sole right to make all decisions for their child. The other parent may have the right to obtain medical and educational information but does not make any decisions.

Joint Custody: This gives both parents the ability to make decisions about their child, but decisions must be made jointly. The parents must communicate when a decision needs to be made and they must communicate the needs of the child.

Contact Our Child Custody Lawyer Today

The Law Offices of Steven H. Grocott is a child custody lawyer serving the West Seneca, NY area. Child custody is not a simple, easy, or straightforward topic. There are a lot of factors that a court must consider when awarding the custody of a child or even the type of custody. There are two types of custody in New York State: sole custody and joint custody. Regardless of which type of custody you or your former partner wants, you will need an attorney to represent you. Contact our child custody lawyer today to schedule your initial consultation.