You have reached the point when you are considering the dissolution of your marriage. You have internally questioned how you should go about getting the process started and where you should turn for legal help. In the state of New York, there are numerous firms that specialize in the practice of family law. Making the initial decision to consult a family law attorney about your divorce case is major step. Getting prepared for the initial consultation is an even greater step.
Do not walk into an initial consultation unprepared. Preparation can potentially save you the headache of wasted time and money. The role of your divorce attorney is to counsel you on issues of the law as they pertain to your case. It will be difficult not to let the emotions and stress of the situation determine the way you communicate with your attorney, but approaching the situation with reason is the most effective way to get the results you desire.
One of the most important ways to prepare for your consultation is by creating a timeline of events. This timeline should provide a truthful and accurate account of events leading up to your decision to seek attorney representation. Included in the timeline should be any marital issues such as instances of domestic violence, abuse, extramarital affairs, and so on. Some items that you list may spark potentially shameful or emotional memories, but remember your communication is guarded by attorney/client privilege.
The next step in preparation is creating your list of potential questions you may have. Even if you have experienced a previous divorce, you are not expected to be an expert. Your divorce attorney should be able to address your questions and concerns, no matter how trivial you may think they are. There is no such thing as a silly or dumb question.
Sunday, October 31, 2010
Friday, October 29, 2010
A Lawyer's Job
The divorce rate has increased a lot over the last few years, which is not very encouraging for anyone who decides to get married. In fact, it is not very encouraging for kids, who see their parents fight and get divorced more and more often.
If you are involved in a divorce, you have the right to be represented by a lawyer. If you have decided to get divorced, we recommend you to turn to a lawyer who is specialized in divorces and partitions, especially if you aren't familiar with the procedures such a trial consists of. However, the two parties cannot be represented by the same lawyer in the divorce trial, regardless of whether both of you have agreed to get divorced or if the decision only belongs to one of you. According to the stipulations of the Civil Procedure Code, the parties have to go in court in person, except for the cases in which one of the parties is executing a punishment which deprives them of their freedom, if they suffer from a very severe illness, if they are forbidden to go to court or if they live abroad.
The Divorce lawyer can help you take part into a civilized, rapid and advantageous procedure, they can inform you on the rights and obligations you have when it comes to the partition or to your kids, they can assist you and inform you on the optimum solution for your case, they can edit your request and formulate all the requests needed. Also, they are the ones who legalize the sentence of the court which is given at the end of the divorce trial.
It is essential for you to turn to a divorce lawyer when it comes to getting divorced because you can save a lot of your nerves and a lot of your financial resources.
If you are involved in a divorce, you have the right to be represented by a lawyer. If you have decided to get divorced, we recommend you to turn to a lawyer who is specialized in divorces and partitions, especially if you aren't familiar with the procedures such a trial consists of. However, the two parties cannot be represented by the same lawyer in the divorce trial, regardless of whether both of you have agreed to get divorced or if the decision only belongs to one of you. According to the stipulations of the Civil Procedure Code, the parties have to go in court in person, except for the cases in which one of the parties is executing a punishment which deprives them of their freedom, if they suffer from a very severe illness, if they are forbidden to go to court or if they live abroad.
The Divorce lawyer can help you take part into a civilized, rapid and advantageous procedure, they can inform you on the rights and obligations you have when it comes to the partition or to your kids, they can assist you and inform you on the optimum solution for your case, they can edit your request and formulate all the requests needed. Also, they are the ones who legalize the sentence of the court which is given at the end of the divorce trial.
It is essential for you to turn to a divorce lawyer when it comes to getting divorced because you can save a lot of your nerves and a lot of your financial resources.
Wednesday, October 27, 2010
Children and Divorce
After divorce is finalized, a parenting schedule is usually specified for each parent, depending on his or her circumstances. Parents are advised to fight for all the time they want and feel they can give for the child. However, once the child gets older, around the age of 9 or 10, and chooses to extend or lessen time spent with a parent, it must be considered. It is a child's legal right to contact a parent as he wishes but supervision or prohibition is made in special cases where the child may be in danger. Some parents may also be required to take parenting classes.
Divorced parents must always consider their children's welfare during this difficult time. Children are usually the victims of this unfortunate event. Though fighting for custody is a parent's instinct, it will make you more of a good parent to settle on what will be good not just for yourself but your child. Consider any aspect that may keep you from being an effective parent before committing to more than you can handle. Take into account your work schedule, priorities and other factors that may affect your ability to be a father. Accordingly, spend as much quality time with your child after divorce. This will help them heal better. As impossible as it may seem, it is recommended to give in to an agreeable settlement with your partner for your children's sake. Now would be a perfect time to put your personal rifts aside and think of the real sufferers in this situation.
Divorced parents must always consider their children's welfare during this difficult time. Children are usually the victims of this unfortunate event. Though fighting for custody is a parent's instinct, it will make you more of a good parent to settle on what will be good not just for yourself but your child. Consider any aspect that may keep you from being an effective parent before committing to more than you can handle. Take into account your work schedule, priorities and other factors that may affect your ability to be a father. Accordingly, spend as much quality time with your child after divorce. This will help them heal better. As impossible as it may seem, it is recommended to give in to an agreeable settlement with your partner for your children's sake. Now would be a perfect time to put your personal rifts aside and think of the real sufferers in this situation.
Monday, October 25, 2010
Debt and Divorce; Who is Responsible?
Contact a Staten Island Divorce Attorney Divorce case. All debt incurred by husband and wife during the Course of the marriage constitutes marital debt. Debt incurred prior to the marriage is the responsibility of the person who incurred the debt.
How is marital debt actually divided in New York? That is a very difficult and complicated question. There is no clear answer. The answer can only be determined by analytical reasoning. As a practical matter, assignment of marital debt is usually negotiated by the parties during the course of the divorce without the necessity of a trial. This article should be used for informational purposes only and not as a substitute for obtaining a Staten Island Divorce lawyer. Judges tend to look at the following factors when determining assignment of marital debt:
1) The court looks at whether the debt was incurred in furtherance of the Marital Partnership. Marriage is a partnership. If the debt was used for home goods, groceries, clothes, family vacations, medical bills etc. then the Court is more likely to divide the debt equitably between the parties.
If the debt was incurred by either husband or wife in furtherance of his or her own agenda then the debt is more likely to be assigned to the person who incurred the debt. For example, gambling debt, debt used in furtherance of an affair or unreasonable debt incurred without the consent of the other spouse is more likely to be assigned to the person who incurred the debt. This type of debt is theoretically "marital debt" although it is inequitable for the other spouse to have to pay. For example, gambling debt should be paid by the spouse who lost the money at the casino.
2) Who will have title and / or possession of the goods or items for which the debt was incurred? This is a significant factor. If the husband purchased a flat screen television on his Mastercard and he will get the flat screen then it is more likely that he will be assigned that debt.
The person who is assigned the vehicle/ boat will usually be responsible for the debt which secures the automobile / car / boat. As far as real estate is concerned, the person who is assigned the real estate will usually be responsible to pay the mortgage, taxes and insurance for the property. This can get more complicated if a home equity line was used to purchase an asset which will be titled in the name of the spouse who is not assigned the real estate.
How is marital debt actually divided in New York? That is a very difficult and complicated question. There is no clear answer. The answer can only be determined by analytical reasoning. As a practical matter, assignment of marital debt is usually negotiated by the parties during the course of the divorce without the necessity of a trial. This article should be used for informational purposes only and not as a substitute for obtaining a Staten Island Divorce lawyer. Judges tend to look at the following factors when determining assignment of marital debt:
1) The court looks at whether the debt was incurred in furtherance of the Marital Partnership. Marriage is a partnership. If the debt was used for home goods, groceries, clothes, family vacations, medical bills etc. then the Court is more likely to divide the debt equitably between the parties.
If the debt was incurred by either husband or wife in furtherance of his or her own agenda then the debt is more likely to be assigned to the person who incurred the debt. For example, gambling debt, debt used in furtherance of an affair or unreasonable debt incurred without the consent of the other spouse is more likely to be assigned to the person who incurred the debt. This type of debt is theoretically "marital debt" although it is inequitable for the other spouse to have to pay. For example, gambling debt should be paid by the spouse who lost the money at the casino.
2) Who will have title and / or possession of the goods or items for which the debt was incurred? This is a significant factor. If the husband purchased a flat screen television on his Mastercard and he will get the flat screen then it is more likely that he will be assigned that debt.
The person who is assigned the vehicle/ boat will usually be responsible for the debt which secures the automobile / car / boat. As far as real estate is concerned, the person who is assigned the real estate will usually be responsible to pay the mortgage, taxes and insurance for the property. This can get more complicated if a home equity line was used to purchase an asset which will be titled in the name of the spouse who is not assigned the real estate.
Saturday, October 23, 2010
Attorneys Make Divorce Easier
An experienced divorce and family attorney can help clients navigate the complexities of marriage dissolution. For most people experiencing a divorce, the weight of emotional concerns can blur the practical issues that surface in every marriage dissolution. These issues range from tax issues and pension disbursement to the determination of marital property. The emotional concerns, a desire to expedite a painful process, and monetary limitations can prompt people to share legal representation or forgo representation all together.
This can be to the detriment of practical issues. The results can be disastrous in even the most amicable of divorces. In many marriages, income is disparate between partners. This disparity presents differing concerns for each spouse.
The spouse with the lessor income will need the means to live while job searching or pursuing an education. This spouse's contribution to the family must not be underestimated in a divorce settlement. Conversely, the higher earning spouse is often unaware there are limits regarding the court's assessment of overtime pay and bonuses. In each of these situations, a divorce and family lawyer can navigate the subtleties of family law that are favorable to the client.
Marital property is often contentious in a divorce. For example, many mistakenly believe that property purchased after a legal separation will not be considered marital property in the divorce proceeding. Some items might not be deemed marital property, such as a home owned by one spouse prior to the marriage, but lived in and upgraded with marital funds, to the detriment of the disadvantaged spouse. An experienced divorce and family attorney may actually prevent such a client from making concessions when the situation relegates itself to a gray area of the law.
This can be to the detriment of practical issues. The results can be disastrous in even the most amicable of divorces. In many marriages, income is disparate between partners. This disparity presents differing concerns for each spouse.
The spouse with the lessor income will need the means to live while job searching or pursuing an education. This spouse's contribution to the family must not be underestimated in a divorce settlement. Conversely, the higher earning spouse is often unaware there are limits regarding the court's assessment of overtime pay and bonuses. In each of these situations, a divorce and family lawyer can navigate the subtleties of family law that are favorable to the client.
Marital property is often contentious in a divorce. For example, many mistakenly believe that property purchased after a legal separation will not be considered marital property in the divorce proceeding. Some items might not be deemed marital property, such as a home owned by one spouse prior to the marriage, but lived in and upgraded with marital funds, to the detriment of the disadvantaged spouse. An experienced divorce and family attorney may actually prevent such a client from making concessions when the situation relegates itself to a gray area of the law.
Thursday, October 21, 2010
Money and Divorce
Financial difficulties, and the stress that accompanies them, are the leading causes of divorce. Nearly every marriage goes through monetary trouble, but is divorce the solution?
Divorce is also the number one reason for people filing bankruptcy. A big debt can certainly break up your marriage, but what benefit can a divorce have on your finances? Many couples don't even discuss money issues, plan a budget, or set back savings. Why would divorce be the answer to this communication problem? A divorce can be expensive and will thus propel you further into debt. But the most costly part of the divorce process will be losing the love of the person you vowed to remain loyal and devoted to. Your marriage vows included "for richer, for poorer" -- not "for richer and richer."
You need to spot money problems early and attack them together to avoid disaster. Casting stones, belligerence, and screaming at a spouse does nothing to eliminate financial stress and, instead, takes the focus from solving the problem at hand. Don't let your debt run your life; step up to the plate and assume control of your finances. The key is to work together on a realistic and reasonable budget based on the goals that have been set. Track your spending, and make your dollars go further by sticking to this budget once it is in place. You will have a step by step formula for figuring out where the most important place to utilize your money will be. You can then determine what expenses you can cut back on or hopefully eliminate.
Divorce is also the number one reason for people filing bankruptcy. A big debt can certainly break up your marriage, but what benefit can a divorce have on your finances? Many couples don't even discuss money issues, plan a budget, or set back savings. Why would divorce be the answer to this communication problem? A divorce can be expensive and will thus propel you further into debt. But the most costly part of the divorce process will be losing the love of the person you vowed to remain loyal and devoted to. Your marriage vows included "for richer, for poorer" -- not "for richer and richer."
You need to spot money problems early and attack them together to avoid disaster. Casting stones, belligerence, and screaming at a spouse does nothing to eliminate financial stress and, instead, takes the focus from solving the problem at hand. Don't let your debt run your life; step up to the plate and assume control of your finances. The key is to work together on a realistic and reasonable budget based on the goals that have been set. Track your spending, and make your dollars go further by sticking to this budget once it is in place. You will have a step by step formula for figuring out where the most important place to utilize your money will be. You can then determine what expenses you can cut back on or hopefully eliminate.
Wednesday, October 20, 2010
How Alimony is Calculated in Divorce
How alimony is calculated depends on where you live and are getting your divorce. Some states, and even some counties, have alimony guideline charts, similar to the child support guideline charts that exist in all 50 states and the District of Columbia. The charts determine an amount of alimony depending on factors such as the income of the parties and whether and how many children are involved.
In California, for instance, there is no statewide alimony guideline chart; however, Santa Clara, CA has guidelines, and many other California counties have adopted those charts. The courts use them as a starting point, before making adjustments to fit the circumstances of the divorce case.
In Pennsylvania, there are guideline charts developed at the state level. Generally the courts must follow these guidelines, though they can deviate from them as long as they explain why in writing. Texas, which does not have guidelines charts per se, actually goes one step further by imposing a maximum amount of alimony: $2,500 per month, for three years.
Several other jurisdictions around the country have developed their own charts. But in most places, alimony is up to the discretion of the courts, both as to amount and duration. The judges take into account the income of both parties, and, in particular, the need of the receiving spouse.
Ask your divorce lawyer if there is a "rule of thumb" in your area. For example, a particular court or judge might say that a spouse with custody of the children should end up with 40% to 50% of the couple's combined net income. Alimony and child support would then be awarded to get to that percentage.
In California, for instance, there is no statewide alimony guideline chart; however, Santa Clara, CA has guidelines, and many other California counties have adopted those charts. The courts use them as a starting point, before making adjustments to fit the circumstances of the divorce case.
In Pennsylvania, there are guideline charts developed at the state level. Generally the courts must follow these guidelines, though they can deviate from them as long as they explain why in writing. Texas, which does not have guidelines charts per se, actually goes one step further by imposing a maximum amount of alimony: $2,500 per month, for three years.
Several other jurisdictions around the country have developed their own charts. But in most places, alimony is up to the discretion of the courts, both as to amount and duration. The judges take into account the income of both parties, and, in particular, the need of the receiving spouse.
Ask your divorce lawyer if there is a "rule of thumb" in your area. For example, a particular court or judge might say that a spouse with custody of the children should end up with 40% to 50% of the couple's combined net income. Alimony and child support would then be awarded to get to that percentage.
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