If you’re planning a divorce in New York State, here are the top ten things you should know.
1. New York is an equitable distribution state, meaning that all marital assets and property will be divided fairly between partners. Keep in mind that “fair” and “half” do not mean the same thing – you may receive more or less than your partner, depending on the circumstances. Divorce mediation can ensure that you receive your fair share of assets. Keep in mind that debts as well as assets will be divided.
2. While New York State has technically no longer required “fault” for divorce, the state requires that you have had your marriage broken down irretrievably for 6 months or more. All issues, such as child support and custody, spousal support/alimony, equitable distribution, and parenting plans must be resolved before the divorce can be granted. If you choose to settle things with lawyers rather than a divorce mediator you can do so, although that option is a great deal more costly and could take quite a bit longer.
3. Custody in New York State is granted based on what is best for the child – and joint custody is rarely awarded by the courts. If you want custody (in the courts), you will need to be prepared to fight for your custody rights. This “fight” can be avoided through Divorce Mediation.
4. The odds are nine to one that you won’t go to trial. Less than 10% of divorces in New York State actually go to trial. Many are settled “on the courthouse steps” so to speak, as they come very close to trial before finally settling; but very few actually do go on to trial.
5. In order to get a divorce in New York State, you must have been a resident for a minimum of a year. However if the “grounds” for the divorce occurred in the state and both spouses are residents, a divorce can be granted even if one or both have not been resident for a full year.
6. The average divorce in New York State lasts one year if contested, six months if uncontested and without assets or children involved. In a contested divorce, you can divide, or “bifurcate” the divorce so that the trial for everything that could have been settled in divorce mediation occurs separately.
7. Equitable distribution and “fault” are mutually unrelated in New York State, meaning even if you’re found to be at fault in the divorce, it won’t affect your share of the assets. The exception is when the fault is something that “shocks the conscience of the court”. This means that the fault would have to be something shocking, outrageous, or heinous, to affect the division of assets.
8. There are court fees just to get started with the summons and complaint; when you add in the mediation and litigation fees, divorce is very costly. However, representing yourself is not recommended, as it is easy to become too emotional, angry, or bitter to portray yourself in a manner that the court will approve of. In New York the fees just to begin the process total $ 210, as of February 1st, 2013. However, if you can prove financial hardship, the court may waive the fees.
9. You have to “commence the action” or file for divorce in the county in which you live. In New York State it is only permissible to file for divorce in a different county from where you live if your soon-to-be-ex does not object. However, it is still frowned upon to go “forum shopping” to try to find the best county for divorce.
10. Honesty and integrity – regardless of where you get your divorce, if you have children, you want to protect them from being hurt by the divorce as much as possible. Even if you don’t have children, you want to walk away from this divorce feeling as good about it as possible. So be honest, and keep your integrity intact – no matter how upset or angry you feel at times. It could end up costing you otherwise.
In the Anna Karenina novel authored by Leonid Tolstoy, the beginning sentence says that every family that has happiness is the same, but all unhappy families differ. This understanding by the famous Russian can also be significant in your divorce. You will need the services of an attorney who deals with cases of divorce and understands that they are unique and vary from one couple to another disregarding the fact that divorce happens quite frequently nowadays.
It is vital for a qualified divorce attorney to understand how couples suing for divorce behave in addition to understanding their differentpersonal needs. The lawyer also needs to be familiar with his or her client’s behavior in situations that call for mutual agreement that the marriage between them will not continue.
The cases of separation or divorce that happen in the state of New York and other areas typically involve the decision as to who will get the right to take care of children, properties and other assets together with several legal issues that arise as the cases progress.
Lawyers specializing in cases involving divorce commonly handle mediation, separation agreements and collaborative divorce. This kind of divorce happens as an alternative to normal divorce. The lawyers also handle pre-nuptial and post-nuptial adjustments.
It is important for any divorce attorney you decide to help solve your case to have a detailed comprehension on how complex several cases of divorce are. It should be simple for you to tell the level of education and experience achieved by the lawyer. Additional qualities to consider when you are considering employing a divorce attorney are the people who work in the lawyer’s firm. Those employees should be courteous and compassionate to you always.
Along with these, the members of the team or associates working in a divorce lawyer’s office can be people trained in professions such as forensic accounting, appraisal and psychology. It is essential for you to get to know them better and possibly meet them to be able to find out their professional achievements.
It is vital that the lawyer you choose to handle your divorce case is comfortable with presenting your case in the entire New York area such as the Bronx, Brooklyn, Manhattan and Queens. You can find that most divorce practices often have a few attorneys on staff compared to other law practices. It does not matter whether a divorce practice is small or large while searching for the services of a divorce lawyer.
Cases involving divorce tend to be private and sensitive and this makes it difficult to know if the divorce lawyer you want to use has succeeded in presenting and settling divorce cases. It might be advantageous to you if you can consult clients that the lawyer has assisted before or get references. You can find out the best divorce lawyer practices by going through the yearly list of the best attorneys in New York from New York Magazine. These lists are fair.
It does not matter if you are happy with the legal proceedings and outcomes of your divorce case or not. You will need to pay the divorce attorney you choose for the services that he or she provided. You should expect to pay the flat fee you agreed to pay if your divorce case is uncontested and an hourly fee if you have a contested divorce case. Most divorce attorneys avail flexible payment plans to their clients.
The westchester divorce lawyers working at our firm are committed to working with individuals and genially determining question of divorce and partition. We make a point to help and ensure their rights and buries at the present time divorce and partition.
In the event that you are an occupant of Long Island and are searching for contested divorce then most importantly you will need long island divorce legal advisors. The divorce attorneys at our firm are one of the best divorce lawyers in Long Islands who verify they do everything to help you get past the straining time of divorce. Uncontested divorces are less demanding to handle as both gatherings commonly concur for divorce and there are no issues in regards to youngster authority and accounts. Notwithstanding, uncontested divorce posture numerous issues and are prolonged as well. At the same time contested divorce legal counselors at our firm will walk you through all the steps currently getting a divorce alongside holdings that you have to carry on with an agreeable life.
Uncontested Divorce bBest Price
It is not simple to foresee anything in the event of uncontested divorce under the laws of New York. Hence forth, it gets much more troublesome to need the following step. Throughout such times you will require a contested divorce legal advisor who can manage you through the procedure and make things simpler for you to get it. The divorce legal advisors at our firm keep things completely clear with you and you will get lawful help at each step. The Long Islands divorce legal advisors at our firm help you in understanding your rights and answer any address that you have with respect to the divorce. A contested divorce in Long Islands isn’t an exceptionally average thing however with a right lawyer you will find that the methodology isn’t all that lengthy and things move pretty easily.
Westchester Divorce Lawyers
The divorce lawyers at our firm are exceptionally devoted to their customers and fare thee well to secure their rights and prosperity. We are focused on furnishing our customers with just the best representation in divorce related issues. The practice at our law spends significant time in divorce cases, which is an alternate reason you ought to call us in time of need as we can deal with your case superior to firms who handle numerous sorts of cases. Our specialization in divorce related concerns separates us from the rest. The charge structure at our firm is exceptionally moderate and you won’t be under any sort of money related strain as long as we are taking care of your case. Our divorce lawyers in nyc will likewise guarantee that you get a divorce as quick as could be allowed without much strain of paperwork. Our firm likewise guarantees that all the paperwork is finished before we approach the courthouse as numerous cases get postponed because of absence of and deficient paperwork.
New York is the last state, which adopt no fault divorce. Under this law, if a spouse seeking for divorce, they need not to claim any reasons for the separation. This divorce makes easier for the spouse to get the divorce easily. The old law wants the spouse to prove abandonment, constructive abandonment for the legal way of separation.
Grounds for no – fault divorce:
In order to get eligible for this divorce, you need to satisfy some grounds, recognized by the state in divorce pettition. Additionaly, the state requires the couples to be lived separately for a fixed period of months or years, then only they can get the divorce. This grounds may vary depends upon your state.
No Fault Vs Fault Divorce:
There is a lot of difference between fault divorce and no fault divorce. Fault divorce does not require any divorce waiting periods. But no fault divorce requires divorce waiting periods to become eligible for that. Some states have increased the spousal support, if it is proved that the one spouse was at fault. There is disadvantage in this divorce. A few women’s rights group have fought against this divorce, because marital property is equally distributed in this case, but in the case of fault, marital property will be give more to spouse who is less at fault. To learn more about this divorce, approach a no fault divorce lawyer in new york to know more information and grounds of this divorce. In simple words, no fault is the easiest and quickest way to get divorce.
Uncontested Vs No Fault Divorce:
An uncontested divorce is the one, where the parties do not agree on the terms and conditions of the divorce. Even the uncontested divorce, requires the filling of legal pettition and complaints to proceed in the legal way. The filings include child custody, child support and spousal maintenance. In the case of no fault there is not requirement of filing the legal pettition and complaints to procced in the legal way. This type requires only one party wants to end the marriage. The divorce will be granted on default basis if it is not filed any complaints.
No Fault Divorce Nation:
New York is called as No faule divorce nation, as it is the last state which adopt this law. New York divorce lawyer does not have to cost you a lot of money. This divorce may help lots of people.