Going through a divorce can be challenging and even more so, if there are children of the marriage. However, if you and your spouse are able to discuss and resolve matters related to the marital children, your uncontested divorce may be able to move ahead more manageably.
In order for the New York courts to grant your divorce when there are marital children involved, you will need to address key matters such as custody, visitation, child support, and health insurance coverage of the children.
When it comes to child custody, there are generally two types of custody that must be decided upon before a divorce may be granted – physical custody and legal custody.
Physical custody refers to where the children live, while legal custody refers to the parent that has the legal authority to make the major decisions involving the children.
Common custody variations include sole custody (an arrangement whereby one parent has custody of the children), and joint physical and joint legal custody (an arrangement whereby both parents share custodial and decision-making responsibilities).
Visitation of the children refers to the right of the non-custodial parent (parent with whom the children do not regularly reside with) to parenting time with the children.
A visitation schedule (also known as a parenting plan) provides a specific schedule addressing which parent has parenting time with the children on a weekly, monthly, and annual basis. This may include holidays, vacations, and special occasions which are shared between the parents.
Child support is money paid by one parent to another for a marital child’s expenses after a separation and/or divorce. When it comes to child support, New York courts require that support be provided for marital children under the age of 21 or until they are legally emancipated.
Generally speaking, child support is paid by the non-custodial parent (parent with whom the children do not regularly reside with) to the custodial parent (parent with physical custody of the child).
Child support is determined in accordance with the New York Child Support Standards Act (CSSA) which takes the incomes of the parents as well as the number of minor children of the marriage into consideration. You and your spouse are also free to agree on a reasonable child support amount that deviates from the CSSA guidelines.
Coverage of the children’s health insurance will also need to be addressed, and you’ll need to determine which of you will be responsible for maintaining the coverage.
Fortunately, in an uncontested divorce, you and your spouse can decide on these matters between the both of you and your terms will become a part of your divorce. If you are able to amicably resolve the key divorce-related matters, you'll have paved the way to a healthy working relationship when it comes to parenting the children and can proceed with an amicable uncontested divorce.
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*The information contained in this article is for informational purposes only, and the content is not legal advice.
