Dissolving your marriage is never easy, but for many couples, divorce is the right path forward, on that improves their lives and protects their families. While it is a difficult change in one’s life, it is one that thousands of people in the United States go through every year. If you are facing a divorce, you need the advice of a New York divorce lawyer.
Despite the prevalence of these splits, the divorce rate in the country has decreased by about 20% since 1980. Higher marital ages and clearer expectations about partnerships may be some reasons why. However, divorce is still common and lacks the social stigma it once had.
As of 2021, New York was one of the top 10 states with the lowest divorce rates, at 2.2 divorces per 1,000 inhabitants. This number is much lower than the national average, which is about 3.4 divorces per 1,000 people. The divorce rate has remained relatively stable over the past few years in New York. However, following country-wide trends, this figure marks a decrease over decades, as there were 3.2 divorces per 1,000 inhabitants in 1990.
If you want to get a divorce, you have to first determine if your divorce is a no-fault divorce or a fault divorce. If your split is the latter, this means that you are dissolving your marriage because one spouse participated in behavior that brought about the breakdown of your marriage, such as adultery, physical abuse, abandonment, or they became imprisoned for a significant period of time.
If you are filing for a no-fault divorce, you and your partner must be separated for a period of one year. On the other hand, if there was someone who was at fault in the divorce and you have evidence to prove it, you can get your divorce in a shorter time. It is in your interest to meet with a divorce attorney as soon as you decide that you want to file for divorce, as they can help review the facts of your case and determine what your legal options are.
You will have to officially file for divorce and pay the filing fee. If your partner agrees with your plans to dissolve your marriage, you can expect an uncontested divorce with few or no legal hurdles. If your partner disagrees with the terms of your split, then you are in for a contested divorce, in which your attorneys will have to aid in negotiations and potentially go to court to reach a settlement.
Your divorce attorney can also help you as you make important decisions regarding the custody of your children. If you are going through a contested divorce, you might find yourself in a tense custody battle. Having a reliable divorce lawyer in New York to help protect your rights during this time can make a major difference in the lives of you and your children.
A: Divorce lawyers in the state charge a wide range of amounts based on their experience, reputation, and services. You can expect that the more work you need your lawyer to complete in your case, the more expensive they will be. You should bear in mind, though, that if you have many legal obstacles in your divorce, it is likely more necessary than ever that you hire a divorce lawyer. Consulting a divorce attorney about your case can help you get a sense of how much you will owe.
A: The amount of time you have to be separated before getting a divorce depends on the type of divorce. For instance, if you are filing for a no-fault divorce, in which no one committed adultery or an action that could expedite the divorce, you and your partner must be separated for one year. If you are seeking a fault divorce, your timeline will depend on the events that occurred and your ability to provide evidence.
A: If your spouse refuses your divorce, the court will only take your desires into account. You will still be able to get your divorce without their signature. In the event that your spouse disagrees with you regarding how to divide your assets, you might encounter long legal hurdles. Your divorce attorney can help determine your legal options based on your spouse’s response.
A: If you and your spouse are getting an uncontested divorce, you should expect to pay at least $335 in fees. This includes the fees for filing and the note of issue. There might also be other expenses for motions and legal support. Consulting a divorce lawyer is an effective way to understand what your divorce costs will be.
A: If you are getting a divorce in the state, you should expect that the assets will be equitably divided. This does not mean they will necessarily be divided 50-50. Instead, the worth of all assets will be reviewed, and circumstances unique to your situation will be considered. Your lawyer can provide guidance tailored to your situation about what to consider about splitting assets with your partner.
At Trotto Law Firm, P.C., we understand how complicated divorce can be. It is a difficult decision, and it can be tough for anyone to navigate the emotional and lifestyle changes. Adding a bunch of legal decisions that have to be made and processes to follow can add additional stress.
Our team has long been representing residents as they dissolve their marriages. We can provide you with informed guidance during this time so you do not have to go through this alone. Find out more about how we can help you and your family by contacting us to schedule a consultation to discuss your estate planning needs.
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