Brighton, NY Divorce Attorney
When two people fall in love and enter into a life-long marriage, it’s often assumed that the relationship will last forever. But for many couples, the unfortunate reality is finding their marriage ending in divorce. While it is sad for both involved, it can simultaneously feel like a relief to move past any fighting and bickering and enter into a new chapter of your life. If you are considering a divorce, you need a Brighton, NY divorce lawyer on your side who will protect your interests, fight for what you deserve, and help you move on with your life.
The experienced divorce team at Trotto Law Firm have been helping those in the Brighton, NY area with their divorce cases for many years. We understand how emotionally charged and difficult these types of cases can be, which is why we take a compassionate yet aggressive approach in every divorce case we take on. Whether you are dealing with the division of marital assets, child custody, or spousal support, we will be there every step to make sure you are getting the best possible outcome.
How Do I Know It’s Time to Consider Divorce?
Because no two marriages are alike, there is no easy answer or one-size-fits-all indication of when it’s time to consider a divorce. However, some general signs may already be present. These include:
- You no longer feel in love with your spouse: If the love you once felt for your spouse has faded and you no longer feel any emotional connection, it may be time to consider divorce. Love can fade naturally over time for many reasons, and sometimes the fade can be so gradual that you don’t even realize it’s happening until it’s too late.
- You are constantly fighting: All couples fight from time to time, but if you find yourself in constant conflict, it may be a sign that your marriage is in trouble. If you can’t seem to resolve your differences, it may be time to seek outside help from a therapist or counselor. If that doesn’t work, then divorce may be the best solution.
- You or your spouse had an affair: Infidelity is one of the most common reasons couples get divorced. If you or your spouse has been unfaithful, it can be difficult to forgive and forget. Divorce may be the best solution if you’ve tried to work through the issue and can’t seem to move past it.
What Are the Different Types of Divorce?
Divorce can be qualified as one of two different types in New York: contested and uncontested.
- Contested divorce: When two individuals have difficulty agreeing on one or more key issues in their divorce, this qualifies as a contested divorce. Contested divorces are not uncommon as these very disagreements are triggering the divorce. Depending on the couple’s appetite for resolution, a contested divorce can be resolved through meetings with a mediator who can help the couple agree through deep questioning, problem-solving, and active listening. However, if the couple cannot come to an agreement, the divorce will move on to litigation, where a judge will make the final call.
- Uncontested divorce: When both spouses have agreed on all key issues in their divorce, this qualifies as an uncontested divorce. While this is the ideal, it’s important to ensure both spouses are on the same page and already have a compromise in mind. Once an agreement has been made, the divorce can be finalized relatively quickly and without any court intervention.
What Needs to Be Decided to Finalize a Divorce?
There are a few key things that need to be decided in order to finalize a divorce. These include:
- The division of assets: This is often the most challenging and contentious issue in a divorce. Assets can include the family home, savings accounts, investments, and more. These are often pricey items that both spouses have a vested interest in, so carefully consider what you want before making any decisions. Do not allow emotions to guide your decisions, as this can lead to an unfair division of assets.
- The division of debt: Debt can include credit cards, mortgages, car loans, student loans, and more. This is another difficult issue that often leads to conflict between spouses. Owing money can often feel like a burden, so it’s important to be level headed when making decisions about debt and who will be responsible for paying it off.
- Child custody and visitation: If you have children, then you’ll need to decide who will have primary custody and how visitation will work. This can be a difficult decision to make, but it’s important to consider what is best for the children. It’s also important to be realistic about visitation schedules and make sure it works for both you and your ex-spouse.
- Spousal Maintenance: Spousal maintenance is money that is paid from one spouse to another after a divorce. It is designed to help a lower-earning spouse maintain their standard of living after the divorce. The amount that you are entitled to will depend on a number of factors, such as the length of the marriage, the income of both spouses, and the standard of living during the marriage.
Tips For Talking to Children About Divorce
Divorce is difficult for everyone in the family. This is true for adults and children alike. If you have children, it’s important to talk to them about the divorce and what it means for the family. However, broaching such a sensitive topic can be difficult to do, as many parents are unsure of the healthiest way to approach the topic. Here are a few tips to help you talk to your children about divorce:
- Be vulnerable and transparent with your feelings: It’s important to be open and honest with your children about your feelings. Let them know that it’s okay to feel sad, angry, or scared about the divorce. Children love to mimic their parents’ emotions, so it’s important to set a good example by managing your own emotions, which will give them permission to express their feelings ly.
- Don’t speak negatively about your ex-spouse: It’s important to avoid speaking negatively about your ex-spouse in front of your children. This can be difficult, but this is especially true when joint custody is involved. Children love both of their parents equally and don’t want to hear negative things about either one.
- Reassure they are not responsible for the divorce: Children often feel like they are responsible for their parents’ divorce. It’s important to reassure them that this is not the case. To the extent that it makes sense, explain to them what led to the divorce in a developmentally appropriate manner. When the conversation is vague, children will fill in the gaps with their imaginations which can result in incorrect and hurtful conclusions.
FAQs About Brighton, NY Divorce Law
How Much Is a Divorce Lawyer in NY?
The cost of a divorce lawyer in NY will vary depending on the complexity of your case and the specific services you need. Many lawyers offer consultations, so it’s a good idea to speak with a few different lawyers to get an idea of what you can expect to pay. Don’t be shy to ask about payment plans or discounts that may be available to offset the cost.
Do I Need a Lawyer For a Divorce in NY?
While you are not required to have a lawyer for a divorce in NY, it’s highly recommended. Having a Brighton, NY divorce lawyer on your side can be invaluable. A lawyer can help you navigate the divorce process, protect your rights, and advocate for your best interests in a way that the average layperson does not have the knowledge or experience to do.
How Long Does a Divorce Take in NY?
The length of time it takes to get a divorce in NY will vary depending on the specific circumstances of your case. If you both can reach an agreement on all of the terms of the divorce, it can take as little as a few weeks. However, if you are unable to reach an agreement, it can take several months or even years to finalize the divorce.
How Do I File For Divorce in NY?
To file for divorce in NY, you will need to complete and file a divorce petition with the court. The divorce petition must include certain information, such as the grounds for divorce, the names and ages of the parties, and a proposed parenting plan. Once the petition is filed, your spouse will have the opportunity to respond. If you cannot come to an agreement, the divorce will go to trial.
Contact Trotto Law Firm Today
If you are going through a divorce in NY, it’s important to hire family law attorneys to offset the legal and emotional challenges you’ll face. The Trotto Law Firm has extensive experience handling all aspects of divorce, from child custody to property division. Contact us today to schedule a consultation. We’ll review your case and help you understand your legal options.