Be Sure to Talk to Your Divorce Attorney About These 5 Topics

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:

  1. 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
    fair, not
    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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

Ready to discuss your case? So are we.
Contact us today for a
free consultation.

Stafford and Heafner Law Firm

Second Thoughts About Divorce | Dads Divorce | Divorce News

Second Thoughts About Divorce | Dads Divorce | Divorce News
Adam Galovan, a family scientist in the University of Alberta’s Department of Human Ecology, discusses his recent research regarding the second thoughts people have when considering divorce.

8 Factors That Affect Your Odds Of Divorcing: https://dadsdivorce.com/articles/8-factors-affect-odds-divorcing/

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How To Have A Healthy Divorce | Dads Divorce | Divorce Tips

How To Have A Healthy Divorce | Dads Divorce | Divorce Tips
Wendy Paris, author of "Splitopia: Dispatches From Today’s Good Divorce," discusses the societal and psychological factors that cause divorce to be so adversarial and offers tips on how to divorce well to couples trying to break up amicably.

http://www.splitopia.com/

Society Should Do More To Celebrate Amicable Divorces: https://dadsdivorce.com/articles/society-celebrate-amicable-divorces/

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Attorney Kenneth Eiges Invited to be a Judge at New York State Academy of Trial Lawyers 11th Annual Empire Mock Trial

The New York State Academy of Trial Lawyers has invited our very own Attorney
Kenneth Eiges to be a judge at the nonprofit 11th annual Empire Mock Trial, taking place on November 18-19. This exciting
event will take place at the U.S. District Court, S.D.N.Y., and participants
will also earn 3 free CLE credits. Our firm, Eiges & Orgel, PLLC,
is thrilled on behalf of our colleague, who is sure to impress, inform,
and offer guidance to all those in attendance.

The 11th annual Empire Mock Trial will feature 4 preliminary rounds of competition,
and offers complimentary food and beverages. You may also invite a friend
or colleague to judge with you, and will have the opportunity to be paired
together. If you are interested in attending, you may call (646) 481-2332
or email judge@empiremocktrial.org. Join us in support of Attorney Eiges
by registering for attendance today!

Contact Our Experienced & Skilled New York Divorce Lawyers Today

If you feel as though your marriage has come to an end and you don’t
know where to turn, our New York
divorce attorneys of Eiges & Orgel, PLLC want to help. Our trusted legal team
understands divorce is one of the most painful, expensive, and draining
experiences you will ever endure in your lifetime–which is why we want
to do our part to relieve you of that stress. No matter how complex or
contentious your situation is, we can offer you a personalized, comprehensive
solution. We are proud to advocate on your behalf!

Are you interested in speaking to a member of our firm? Don’t hesitate
to schedule an initial consultation by
calling (347) 848-1850 today.

Stafford and Heafner Law Firm

The Best Divorce Attorney Qualities | Dads Divorce | Divorce Tips

The Best Divorce Attorney Qualities | Dads Divorce | Divorce Tips
Cordell & Cordell Texas divorce attorney Cassandra Pillonel discusses the qualities that the top divorce lawyers tend to share and how to identify them during your initial consultation.

Cassandra Pillonel: http://cordellcordell.com/attorneys/cassandra-pillonel/

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Keeping Your Kids Out Of The Divorce | Dads Divorce | Divorce Tips

Keeping Your Kids Out Of The Divorce | Dads Divorce | Divorce Tips
Cordell & Cordell family law attorney Cassandra Pillonel discusses why it’s important to do whatever you can to keep your kids far removed from the conflict of your divorce.

Put Children First During Divorce: https://dadsdivorce.com/articles/put-children-first-during-divorce/

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5 Things You Didn’t Know About Fathers’ Rights

As a father, you may worry how your relationship with your child will be
affected following a divorce or breakup with the mother of your child.
This is a common concern for many, though it is one you need not have
in today’s day and age.
Fathers’ rights are now more protected than ever, and a trusted New York City divorce
attorney will advocate for what you deserve.

Here are 5 things you may not know about fathers’ rights:

  • The courts are not biased against fathers anymore. While in the past mothers
    were glorified over fathers, the courts are stern about ensuring a father
    has an equal presence in his child’s life.
  • If you and your child’s mother were not married, you will need to
    establish parentage, even if there is no question the child is yours.
    You can do so by submitting to a DNA test.
  • You are not solely expected to financially support your child.
  • You have the right to seek legal
    custody, allowing you to make decisions regarding your child’s religion,
    healthcare, education, and more.
  • The courts prioritize the wellbeing of your child, which includes your
    involvement in his or her life. You will not be barred from physical custody
    just because you are a father.

Contact Our New York City Divorce Lawyers Today

Are you headed for
divorce and in need of a New York City divorce lawyer? For your best chance at
a positive resolution, look no further than Eiges & Orgel, PLLC, where
we are led by a reliable, experienced, and skilled legal team. Allow us
to guide you through this difficult journey with ease. We will ensure
you are taken care of through and through–don’t face divorce alone.

Contact us by calling (347) 848-1850.

Stafford and Heafner Law Firm

Options When Denied Parenting Time | Dads Divorce | Legal

Options When Denied Parenting Time | Dads Divorce | Legal
Cordell & Cordell divorce attorney Cassandra Pillonel explains the legal remedies you have available if your ex-spouse attempts to withhold the court-ordered parenting time you are supposed to have with your kids.

Enforcement Options If Denied Parenting Time: https://dadsdivorce.com/articles/enforcement-options-if-denied-parenting-time/

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Common Divorce Myths

The
divorce process can be emotional, complicated, and just plain difficult. If you are going
through a divorce, you are likely to receive advice from every which direction,
but before listening, make sure you know the facts. However well-intended
the advice, many people have very incorrect perceptions of how divorce
works in New York. So, before you follow inaccurate advice, make sure
you know fact from fiction by reviewing these common divorce myths.

The spouse “at fault” for the divorce will lose everything.

Actually, New York is a no-fault divorce state. This means that the reason
for divorce does not impact the way in which alimony, custody, asset division,
or any other aspect of the divorce is handled. Whether or not adultery,
abandonment, or other issues caused the divorce, both parties are to be
treated equally.

Courts always award custody to the mothers.

If you shared children in your marriage, your divorce will also come with
child custody arrangements. Contrary to popular belief, mothers do not
always get the kids. In divorces where both parents want custody, the
court will consider what is in the best interest of the child, not the
gender of the parent.

You can’t get a divorce if your spouse does not consent.

Even if your spouse refuses to sign the divorce papers, you may still be
able to obtain a divorce in New York. The Supreme Court Judge may grant
a divorce is one spouse files an action for divorce in the Supreme Court,
even without the consent of the other spouse.

If my retirement funds and pensions are in my name, they will belong to
be after the divorce.

Regardless of whether or not your pensions or retirement funds are in your
name, they may still be considered marital assets. In the state of New
York, anything acquired during the marriage, including businesses or properties,
are considered marital assets and could be split between both spouses.

For help with your divorce, contact Eiges & Orgel, PLLC
to speak with our NYC divorce attorneys.

Stafford and Heafner Law Firm

4 Steps Women Should Take in Preparation for a Divorce

Whether your husband blindsided you with the
divorce or you initiated it yourself, divorce is simply never a walk in the park
for anyone. The process of unlinking two lives in itself can be complicated,
especially if you have children or a substantial amount of assets. As
such, you will want to be adequately prepared as you embark on your path
toward a new life, so you can avoid any nasty road bumps along the way.

Here are some helpful steps you can take to facilitate a smoother divorce:

1.Collect all pertinent financial records: Once you realize you are headed for a divorce, it is critical to begin
gathering and organizing your financial records. This simple step will
save you time and money. However, you should not keep these documents
at home, especially if there is animosity between you and your spouse.
Keep them in a safety deposit box, with your parents, or with a trusted friend.

2.Open a post office box: Another step you should take to keep your information secure and out of
the hands of your soon-to-be ex-spouse is to open a post office box. This
will provide much-needed security, allowing you to receive confidential
mail from your divorce attorney, or for any new credit cards or bank accounts
you recently opened.

3.Start saving money: Oftentimes, women are unable to access their funds because their husband
has control over shared funds. This immediately becomes a disadvantage
for a woman who is seeking a divorce since she cannot afford to hire legal
professionals or even pay for day-to-day expenses. If you are planning
to get a divorce, you should start setting some money aside for legal
fees and living expenses.

4.Obtain a copy of your credit report: Monitoring your credit is critical to ensure your husband is not dissipating
your marital assets or ruining your credit score. Signing up for a monthly
credit monitoring service will allow you to receive notifications anytime
there is a change in your credit history.

New York City Divorce Attorney

If you are in the process of obtaining a divorce, you are going to need
the skilled and experienced legal services of a New York City divorce
attorney. At Eiges & Orgel, PLLC, we have been effectively assisting
clients in the legal termination of their marriages for over three decades.

Contact our office today at
(347) 848-1850 to request a free case evaluation.

Stafford and Heafner Law Firm