Unless you have been through a
divorce before, odds are you have never been told about what happens during a
typical divorce, what sort of complications you should expect, what you
should fight for, what you should concede, and so on. Realistically, even
if you have been divorced at least once before in your life, knowing what
is on the horizon for your next divorce will not be simple. Every divorce or
family law dispute is unique and comes with its own set of concerns and questions.
In order to make your divorce more manageable and less intimidating, it
is crucial that you get a solid understanding of the groundwork issues
of the average divorce. Start by retaining the services of a trusted divorce
lawyer, and then sitting down with them to discuss the basics but in detail.
Here are five topics you should definitely cover with your divorce attorney:
Property division: Everything you had once shared with your spouse may now be up in the air
as marital property. Everything you had that you decidedly did not share
with your spouse may also still be in the scales of divorce, as it can
sometimes be quite easy to decide on marital property division but quite
difficult to prove that something is separate property. If you are in
New York, like Eiges & Orgel, PLLC, then you are in an
equitable property state, which means your marital property is divided fairly, not necessarily
equally. Consider this straightforward example: Each spouse in a married
couple puts money into a joint retirement fund for the both of them. One
spouse has contributed 80% of the total amount of funds. During the divorce,
the spouse that contributed the 80% would likely receive 80% of the account’s
value since that is what is
equal. If you have specific pieces of property you want to hold onto during
your divorce, talk to a New York City divorce attorney about it early
on so you can get a grasp on your options. Keep in mind that property
division will also
divide up your debts.
Spousal support: In many instances of marriage, one spouse makes considerably more income
than the other. This imbalance should not be viewed as any way to judge
either party’s character, but it does need to be considered during
a divorce. A family law court judge does not want to make any divorce
ruling that will throw one or both spouses into disparity if it can be
reasonably avoided. This is sometimes known as maintaining the standard
of living experienced during the marriage. Spousal support is the key
way a court ensures that the spouse that was making much less income,
or none at all, continues to live comfortably. The length of the marriage,
each party’s physical and mental health, each spouse’s education
or career, level, and so on will all be determined when decided spousal
support. Ask your divorce lawyer how they predict spousal support will
be decided and work on a plan from there if it is not to your liking.
Child support: Unlike spousal support, which is an obligated payment from one spouse to
the other, child support is technically an obligation from each parent
to their child or children. The primary custodian of the child can receive
child support payments from the other parent, but those payments must
be used to take care of the child and improve the child’s life.
Likewise, the parent receiving child support must make an honest effort
to provide for the child as well. You may notice that child support orders
speak of three forms of costs: fixed, variable, and controlled. Sit down
with your New York City child support lawyer and get a clear idea of these
three types of child support expenses.
Child custody: Out of all the aspects and topics in the average divorce, child custody
is arguably the biggest deal that causes the most stress and contests.
Indeed, anything that relates to your child’s livelihood and welfare
after a divorce is the top priority of a family law court, by law. No
judge can ever create a ruling that is clearly against a child’s
best interests. In terms of child custody, the judge cannot award custody
to a parent unfit for that responsibility. Child custody is divided into
two forms: physical and legal. Physical custody allows a parent to live
with a child, and legal custody allows a parent to make important decisions
for the child, such as where the child goes to school. Make certain your
child custody agreement is planned thoroughly and respects your own parenting
rights. No matter how badly you may want to finalize your divorce, you
should never rush child custody matters.
Paperwork, articles, and more: Much of your divorce proceeding is going to feel abstract since you will
be, more or less, talking about how your life will play out. However,
you can improve your chances of concluding your divorce beneficially by
getting your hands on hard copies of documents of all types. Bank statements,
prenuptial agreements, tax returns, insurance policies, estate planning documents, and much
more can all play important parts in your divorce as it progresses. Unless
you want to risk getting caught off-guard halfway through your divorce,
do what you can at the start to gather up everything and anything of interest.
Your divorce attorney may also request copies of your paperwork for them
to hold onto and review in their office.
Getting Prepared is as Easy as Calling 347.848.1850
Now that you have a basic understanding of the five key elements of most
any divorce, it is time to expand upon your knowledge, take action, and
really get your divorce moving along in the right direction. At Eiges
& Orgel, PLLC, our New York City divorce lawyers are serious about
getting our clients through such difficult times with confidence and clarity.
For more than 40 total years of legal experience, we have been providing
the people of our communities not only unbeatable legal counsel but also
authentic moral support.