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