Much will depend on your financial situation and your relationship. Sometimes, couples themselves decide to pay their own attorney fees. In other situations, one person pays for both. It is important to understand your financial options when getting a divorce so that you and your partner can discuss them and that tensions do not escalate over finances.
In some situations where fault clearly lies with one party, some people expect that the at-fault party should pay the attorney fees. However, a partner’s indiscretions will not necessarily affect who pays an attorney’s fees.
While it can be frustrating to have to bear the burden of legal fees in a divorce, you cannot force your spouse to pay for your legal fees in a divorce in the state. When you sit down to hire an attorney, you should discuss your financial situation with your partner. Depending on the dynamic of your relationship at this time, you might be able to reach an agreement about who will pay for what.
If you are not able to reach an agreement with your partner about how to pay your attorney fees, you can file a motion requesting an order for one person to pay your attorney’s fees. The court will take a number of factors into consideration. You and your spouse will have to disclose your financial information and present legal arguments about who will pay the attorney’s fees, and a judge will review the evidence before making a decision.
You will have to pay fees if you choose to file a motion in regard to paying attorney fees. Thus, you should be prepared for the financial impact of this in addition to the attorney’s fees. Filing for divorce includes fees on top of attorney’s fees that you should prepare for if you choose to dissolve your marriage.
Given the cost of family law attorneys, you might consider representing yourself in your legal matters. However, this is not in your interest as you could end up making your legal problems worse, resulting in the need for more costly legal support. Your attorney can critically review your situation and carefully advise you to make choices that protect your rights.
Not all divorce cases will go to court, but your divorce attorney can play a vital role if yours does. Even if you need to negotiate with the other party but have yet to successfully do so, your attorney can draw on their experience and do everything in their power to help you and your former partner reach a settlement.
A: The person who pays your attorney’s fees will depend on your situation. Sometimes, the person who has more financial resources will pay the attorney’s fees for both parties in a divorce. In other divorces, each person will pay for their own attorney’s fees. Deciding how you will go about paying the legal fees will require a conversation with your former spouse.
A: If you are getting a divorce, you should expect that your marital property will be equitably distributed. This does not always mean that you will see a 50-50 split; it means that assets will be fairly distributed. In some cases, your wife might receive spousal maintenance from you if you earn a lot more money and she needs time to get on her feet financially. Your lawyer can help you understand how your assets might be split and if spousal maintenance might be a relevant factor.
A: The cost of a retainer fee can drastically vary among divorce lawyers in the state of New York. They are often in the range of a few thousand dollars, but they can be more depending on the lawyer. If you want to understand how much your retainer or hourly fee will be for your divorce lawyer, you should get in touch with the attorney about their billing arrangements.
A: Not all divorces will require spousal maintenance. Whether your divorce will include it depends on factors like your income and your spouse’s income, how long you have been married, your health situation and age, and what your standard of living was like during your marriage. If you want to enforce spousal maintenance payments, challenge an order, or modify your requirements, a divorce lawyer can help you.
A: If you and your partner both agree on the terms of your divorce, you can expect your divorce to be cheaper than if you are involved in a contested divorce. However, you will still have to pay your attorney’s fees for their support, and you will have to pay fees for filing for divorce. All in all, you can expect to pay anywhere from a few hundred dollars to a few thousand dollars.
At Trotto Law Firm, the relationships we have with our clients are more than business transactions; we are partners and are focusing on the most optimal outcome for your divorce. Our firm stands apart by offering quality representation that is client-focused.
If you are interested in receiving individualized legal guidance from a seasoned divorce lawyer, our team at Trotto Law Firm, P.C., is here for you. Jonathan C. Trotto Esq. has been representing residents during their divorces for years and can carefully receive the facts of your situation to give you informed advice. Contact us to schedule a consultation about your family law needs.
]]>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.
]]>At such a vulnerable time, divorcing spouses are asked to make compromises and reach agreements with someone they are likely divorcing because of a lack of agreement. Whether or not spouses can agree will determine whether a divorce is contested or uncontested, influencing how the divorce will proceed. Uncontested and contested divorces can have vastly different consequences.
Fundamentally, the difference between a contested divorce and an uncontested divorce is the issue of agreement or disagreement. In an uncontested divorce, there is agreement between the two spouses about the major issues. In a contested divorce, there is significant disagreement between the two spouses. Whether or not spouses agree can have a large effect on how the divorce proceedings unfold.
While spouses will negotiate the terms of an uncontested divorce, contested divorces will involve contentious legal battles in divorce court.
In an uncontested divorce, the couple works together to find compromises that are agreeable to both parties regarding all of the major elements of a divorce. When it comes to property division, they find something that works for both parties. Spousal maintenance is also agreed upon. Lawyers can ensure that all agreements are fair and legally valid so they will be approved by the court.
Additionally, if the couple had children, they would develop a plan for custody and child support that would work for them and their children. Coming to an agreement on these things is not always easy, but both parties tend to be committed to reaching an agreement without needing to go to court. The process is often helped along by a divorce lawyer who is able to help identify reasonable compromises.
The compromises to which the two sides have agreed will then be put together in a document, usually called a divorce agreement. The court will review it to make sure there isn’t anything egregious, and most of the time, they will sign off on the agreement and finalize the divorce. If they find something unfair to one spouse, the agreement will need to be changed.
All of these factors make the process of an uncontested divorce relatively quick, with the only factor influencing the timeline being how long it takes for both parties to reach an agreement. The speed of an uncontested divorce also tends to mean that uncontested divorces are cheaper, easier on mental health, and less likely to require further conflict and legal involvement later on.
Contested divorces, on the other hand, are costly—not just financially, although they will require paying more legal fees. They can also cost spouses time, having the potential to continue for years. They are also costly in terms of stress and mental condition, as they involve much tension and uncertainty until the court makes a final decision.
Because contested divorces involve spouses who can’t agree, negotiating a separation agreement normally isn’t an option. These are the cases that go to trial, and both parties will make their positions known on the important issues.
Lawyers on both sides will present arguments on property division, support, and child custody, which is often the most contentious of issues. After these cases are made and arguments are presented, the court will issue orders and rulings on what they determine is fair regarding all major issues.
A: New York is a no-fault state, and this means that both parties are not required to sign off on or agree to a divorce. One party may serve the other with divorce papers, and the other has a set time of 20-30 days to respond. If they fail to respond, then the divorce is free to proceed without them, and they will need to abide by whatever the court decides without their input.
A: A settlement agreement may not be required in every circumstance for an uncontested divorce to be finalized. However, having one can speed up the process and can be valuable in more complex cases. The more complex the case, the more important a settlement agreement may be. However, in a situation where a renting couple in a short-term marriage without kids decides to get divorced, a separation agreement would have very little impact.
A: Unlike other states, which may require six months or even one year of a couple living separately before the divorce process can even begin, the state of New York has no waiting period, and those who meet the residency requirements may file a divorce at any time. This means spouses can divorce much more quickly than in other states.
A: When going through a divorce, you can benefit from working with someone who’s been through the process before, knows what to expect from the courts, and is aware of the relevant law. A New York divorce lawyer can advocate for you, represent you, and advise you throughout the divorce proceedings.
At Trotto Law Firm, P.C., we have experience with both uncontested and contested divorces. We recognize the desire for the faster, calmer process of an uncontested divorce, but we also realize that sometimes, contested divorces are unavoidable.
Wherever you find yourself, we are ready to help you through the process, represent you in court, and advocate for you in negotiation. We can pursue an agreement that benefits you and your family. Contact us for help with your divorce.
]]>For a divorce in New York to be settled and finalized in mere months, it’s critical that spouses can agree and that the contentious nature of the situation is limited. Some of these aspects may be in your control, but you’ll be unable to influence others. One thing you have significant control over is working with an experienced New York divorce lawyer.
Most people who are ready to divorce would like the process to go quickly. How quickly a divorce will happen is a product of a number of different factors. However, if things align well, New York can be one of the quickest states for a divorce, sometimes taking as little as two or three months to finish.
New York is one of the faster states in which a divorce can be finalized because there is no waiting time to file or for the divorce to be finalized. In some states, you can file a divorce at any time, but the process can’t be finalized for a period of time, such as six months.
In other states, you can’t even file divorce papers until you are physically separated from your spouse for a year, with at least one of you intending to divorce. Then, spouses must still go through the entire divorce process. In New York, you can file for a divorce at any time, so long as you meet certain residency requirements.
Once divorce papers are filed, the biggest element that determines how quickly the process can proceed is how agreeable both parties are regarding negotiation. Going to court is always a lengthy process that could last for years, so spouses who want a quick divorce should attempt to avoid a court battle.
Negotiating a divorce agreement to submit to the court is an option that can accelerate the process significantly. The court will have to verify that there are no issues with the agreement reached, but typically, this is not an issue when you have a New York divorce lawyer to work with.
Divorce agreements will need to describe what both parties have agreed to regarding the elements of the divorce. This includes things like child custody, spousal maintenance, child support, and property division. Every one of these elements has the potential to be contentious, but avoiding contention is crucial for a fast divorce.
Significant disagreement on these things can lengthen the process and threaten to send the divorce to court. The key to a fast divorce is to be able to reach an agreement on all issues quickly. Unfortunately, both parties will need to be interested in taking that approach, so your spouse’s attitude and perspective will play a critical role in your divorce timeline.
One of the most important things you can do to accelerate the process of a divorce is to work with an experienced New York divorce lawyer. Their familiarity with the process can lead to avoiding unnecessary delays and catching issues before they become bigger problems.
A lawyer can also help encourage negotiations by setting expectations and helping parties understand what aspects of an agreement are likely to be approved by the court. If you want a fast divorce, then it’s critical that you work with the right lawyer.
A: New York is one of a few states with no waiting period. Unlike places where you may have to wait between filing papers and a final ruling or where you must be separated before you can file, New York allows those who meet the residency rules to file for a divorce at any time.
A: There are a few different things that can be helpful in quickening the divorce process. One of these is preparation ahead of time. There are many financial documents that are a part of the process, and gathering these can be helpful. Working with a New York divorce lawyer who can use their experience to accelerate the process can also help.
However, it’s important to recognize that there may always be some factors outside of your control that could slow the process.
A: A divorce lawyer can help, in particular, with the negotiation process and ensuring all of the necessary paperwork is filled out correctly. These things could quicken the divorce process. A divorce will take much longer without the help of a skilled lawyer, as it’s difficult for a layperson to navigate the family court system alone.
A: When deciding on a divorce lawyer, you want to be sure you are working with someone you trust. They will help with some of the most important aspects of your life, and you need to trust that they will do what’s in your interests. Ideally, they should also be experienced in divorce and family law.
At Trotto Law Firm, P.C., we understand the desire for a quick divorce. We know that by the time most people have filed for divorce, they are ready to move on and begin the next stage of their lives. The time between filing and the divorce being finalized can feel overwhelming.
We work diligently for our clients to seek a favorable divorce agreement while also ensuring the process moves as quickly as the other party allows. Contact us for help with seeking a quick divorce.
]]>Many people find a partner soon after separation, and divorces have a tendency to extend for months to years. Therefore, some people are ready to get married again before their divorce is even finalized.
Oftentimes, a divorce process is so delayed that people have time to meet someone, fall in love, and get ready to marry again before the divorce is even finalized. This leads to questions about when the new couple can be legally married.
The first thing to know is that once a divorce is finalized, there is no waiting period in New York. You can apply for a marriage license as soon as you would like to. However, it is important that the divorce be truly finalized. You will want to make sure your divorce is officially over before getting married. There can sometimes be a delay in all the paperwork being filed and the system being updated, which may cause issues when you apply for a marriage license.
It’s also a prudent decision to look at your separation agreement and court orders to understand how getting married again may affect anything listed there. Depending on the situation, it’s not uncommon for remarriage to have an impact on something like spousal maintenance, child support, or even child custody arrangements. You don’t want to be surprised by any problems with the divorce agreement, so it’s a good idea to talk with your divorce attorney before remarriage.
The biggest delay in being able to remarry is the process of finalizing the divorce. In many cases, those who are ready to remarry are going through a drawn-out contested divorce. It’s not uncommon for contested divorces to drag on for years. However, working with the right family law and divorce lawyer may be able to accelerate the process somewhat.
On the other hand, if your divorce is uncontested and you can reach a divorce agreement through mediation, you’ll be able to get divorced and remarried much more quickly.
If you are planning to marry again once the divorce is finalized, it can be helpful to discuss that possibility with your lawyer. They may be able to offer advice on how that could impact the critical elements of the divorce. They may also be able to help with any legal preparations for the new marriage, including something like a premarital agreement.
No one who is ready to get married wants to wait and delay the marriage. While it is fortunate that there isn’t any kind of waiting period or other potential delays in New York, it can be frustrating if a lengthy divorce is interfering with your plans. The most useful thing you can do is have patience and be sure you are working with a legal team that understands your urgency.
A: In New York, you cannot legally enter into a new marriage until your previous marriage is finalized and the judgment is issued by the court. If you attempt to remarry before the divorce is finalized, that can create a number of legal complications and could invalidate your new marriage. It’s critical to wait until your divorce is final to remarry.
A: Several states do have a requirement that a couple wishing to divorce must spend at least six months or a year separated before they are allowed to legally divorce or sometimes even file for divorce. There is sometimes a requirement that at least one of the parties intends to make the separation permanent through divorce. However, New York has no such requirement, and a divorce can be filed as soon as you decide it’s the right option for you.
A: A New York divorce lawyer can help with every aspect of a divorce. There’s a variety of paperwork that will be needed to begin the divorce, which a lawyer can assist with. They can also represent you and help negotiate a settlement agreement as an alternative to taking the claim to court.
Having an experienced lawyer involved can help increase the likelihood that the process will go smoothly and quickly. However, if the divorce does need to proceed to trial because it’s being contested, a lawyer can represent you and advocate for your interests and desires before the judge.
A: In New York, a divorce certificate isn’t enough documentation to be able to remarry. What you will need is a divorce judgment or decree from the court. It is this document that officially dissolves the marriage and finalizes your divorce. A divorce certificate does acknowledge that the divorce happened but does not necessarily contain all the information necessary for the approval of a new marriage.
When you seek a New York marriage license, you will need to show a variety of documentation, including proof that any prior marriages were legally dissolved. A divorce decree is the official document that will fit this need.
Going through a divorce can be difficult. This is especially true for a contested divorce, which could take years to resolve. If you already know that a new marriage is waiting for you after your divorce ends, the wait can be all the more challenging.
One of the most effective ways to hasten the divorce process is by working with a New York divorce lawyer. At Trotto Law Firm, P.C., we help people get through divorce quickly so they can move on with their lives. Contact us today for help with your divorce.
]]>There’s no simple answer to how long it takes to get a divorce in New York. Every divorce is a bit different in that the many factors that influence the timeline will differ from divorce to divorce. Depending on the situation, a divorce could be finalized in just a few months or drag on for years. However, divorces in New York can often go more quickly than those in other states.
One of the most important elements in the timing of a divorce in New York is that there is no mandatory waiting period that needs to be observed before a divorce can proceed. In many states, there is a requirement that couples must live separately for around six months to one year, with at least one of them intending to divorce before they may legally divorce. New York does not have any requirement like this.
Although New York’s lack of a waiting period can make divorces quicker for some, the state has complex residency requirements that can force others to wait. For those who have always lived in New York and were married here, these aren’t an issue. However, others must meet one of the following qualifications before they can divorce in the state:
As long as residency requirements are met, one of the biggest factors influencing timing is whether the divorce is contested or uncontested. The difference between these categories is whether or not couples can come to an agreement on the major elements of the divorce.
If things like child custody, property division, spousal maintenance, and other issues can be resolved quickly and are uncontested, a divorce could be finalized within two to six months in most cases. However, if a divorce is contested and there is significant conflict around these issues, it’s not uncommon for some divorces to take years to proceed.
Beyond these major elements, things like completing and filing paperwork promptly and the court’s current caseload can all have a minor effect on the timing. One of the most effective means of accelerating the process is working with a New York divorce lawyer.
They can help with ensuring paperwork is filed properly, and a separation agreement is complete and meets all requirements. They can also be a tremendous help in negotiating the central elements of the divorce, minimizing conflict, and resolving things quickly.
A: In New York, there is no means by which a spouse can prevent a divorce from occurring, as the state allows for no-fault divorce. However, this does not mean they don’t have the ability to make the process difficult. When a divorce is contested, and there is significant conflict around important issues, such as child custody, property division, and spousal maintenance, it could cause the process to drag on for years.
A: Some states require a period of separation and living apart before a divorce can take place. New York, though, is not one of those states. There is no wait time for a divorce, so as long as you meet the residency requirements, you can file for divorce as soon as you decide that it is the right choice for you.
A: A lawyer can accelerate the divorce process by using their knowledge and experience to smoothly and quickly negotiate a separation agreement, as long as the other side is willing. Trying to fill out paperwork and negotiate by yourself can make a divorce take much longer.
A: You want a lawyer with a depth of knowledge and experience in divorce and family law, but it’s also important that you find someone who you are comfortable with. You want to be sure you can trust your lawyer with such important matters. Your lawyer should also be transparent about costs before you begin working together.
The pace of your divorce will be influenced by both you and the other spouse. This lack of control can leave people feeling frustrated, but as long as both sides are working with a New York divorce lawyer, the process will be much quicker.
Divorce lawyers have extensive experience in handling divorces and are familiar with the challenges that can arise throughout the process. We can also help with setting expectations that can reduce the likelihood of conflict and give you peace of mind.
At Trotto Law Firm, P.C., we work with our clients to make the divorce as smooth a process as we possibly can. Contact us for help with your divorce.
]]>Unfortunately, this question plagues many couples entering into the process. An experienced New York divorce attorney can offer some insight into how this asset is split equitably.
New York is a state that enforces an equitable distribution of assets in divorce proceedings. This means that marital property is divided 50/50 but in a way that is equitable and fair. When determining what is equitable, the court takes several factors into account. These factors include:
In equitable distribution, factors such as marital contributions may not be strictly financial. In some cases, courts will view a spouse’s role as someone who stays home and takes care of any children they share as a contribution that allows the other spouse to work and make significantly more money.
When determining how assets such as a house should be divided, the first step is determining if the asset is considered marital or separate property. Marital property is that which is obtained or contributed to during the marriage. Assets like retirement accounts or personal investments are considered marital property for the time that either spouse contributed to it during the marriage.
Separate property is that which was owned by one spouse prior to the marriage. In the case of a home, if it was owned and paid off before the marriage, the spouse who owned it would be entitled to it. However, if part of the home was contributed to during the marriage, then both parties share pieces of entitlement toward the home.
Assets may begin as separate property but are later contributed to in a significant way by both spouses during the marriage. In these cases, the asset can transition from separate property to marital property.
When determining the final outcome of the home, the court has several options available for the final divorce decree. These options include:
Each solution comes with its own benefits and difficulties. Knowing which option may be right for you is dependent on the factors and circumstances of your situation. Ultimately, if you and your spouse are able to reach an amicable agreement without the court, you can then control what ultimately happens to the home at the conclusion of your divorce.
New York is an equitable distribution state, which means that each spouse is entitled to a fair share of assets, including real property. In an equitable distribution, assets do not need to be divided 50/50 but in a manner that allows both spouses to share in the marital investments. A house could ultimately be jointly owned, signed over to one spouse from the other, or outright sold, with the proceeds split after paying the remainder of the loan.
A home must first be determined to be a marital asset or a separate asset. A marital home is one in which both spouses contribute to the finances of the home, even if one spouse owned it before the marriage. If it is separate property, the spouse who owns the home is the one who is entitled to it at the conclusion of the divorce.
Divorces are non-discriminatory and allow both husbands and wives the entitlement to an equitable distribution of any marital assets. Both spouses, regardless of gender, have the right to seek spousal support, fight for child support, and argue for a claim on specific assets. To ensure that you are familiar with what you are entitled to, it is wise to speak with a family law attorney.
There is a long-standing myth that the spouse who files for divorce first has a better claim to assets or an advantageous stance in the divorce process. The truth is that being the one who files for divorce does not gain any advantage over the other spouse, as the factors of the final settlement will be based on evidence provided by both parties.
There are many aspects of divorce, and homeownership can be one of the most significant. The home has the potential to continue to grow in value and may make it difficult for either spouse to allow the other to have any entitlement to it. If you have questions about a home that you own and how your divorce could impact it, contact the team at Trotto Law Firm, P.C.
The type of divorce and the circumstances surrounding it can all influence how long it will take to reach the final divorce settlement. There are several factors of divorce, and each can impact the final timeline.
New York is one of the few states without a wait time for divorce. In some states, this means that couples must separate for a specific amount of time before moving forward. However, in New York, the couple only needs to fulfill the residency requirement. If they just moved to New York, then the couple could be looking at two years before their divorce is finalized.
The type of divorce that you are filing can significantly affect the timeline. If you and your spouse can quickly agree on the terms of your divorce and that it should occur, then you likely will only need to wait for the court to confirm the agreement before your uncontested divorce is finalized, which could take place in as little as six months. If, however, your amicable conversations turn into disagreements and you cannot reach common ground, your divorce could take months to finalize.
When parties do not agree, the timeline really becomes unknown. As long as the couple argues and refuses to cooperate with one another, the final divorce could seemingly never end. In a divorce, each spouse has certain documents and evidence that they must produce. However, a spouse who is uncooperative can prolong the process. With each refusal, there are further steps that attorneys must take to get the person to comply under court order.
If your spouse has disappeared, there is a process for locating them, which must go through your attorney and the court system. If that is unsuccessful, there is another process to have a court ruling finalize the divorce without the other party. Each step adds more time for the spouses to engage in the process.
Unfortunately, many courts have a large backlog of cases. From the time you file, you are at the mercy of the court’s timeline. This could mean that you are waiting for months before your case is initially heard. Which county you live in could also impact the amount of time it takes the court. Busier counties may take even longer to process your filing.
If your case is dependent on litigation, this becomes an even bigger factor. If you are open to mediation, then you could bypass some of the court time and speed up the divorce process. This only works if both spouses are willing to engage and cooperate.
In addition to these factors, there are other considerations that can prolong your divorce proceedings. The complexity of your case, such as the involvement of children, extensive assets, or property ownership, could also add to your divorce timeline. If one or both spouses are engaged in their own business or a joint venture, then coming to terms with how that will be divided could be a source of contention.
Other aspects to consider in your divorce timeline include:
Each element of the divorce settlement becomes a factor in the final timeline. Ultimately, the more a couple can agree and work amicably, the quicker the divorce process can be. However, if one person is purposely uncooperative, it can prolong the process for months or even years.
The average timeline for a divorce in New York is approximately 9.5 months. As compared to the national average of 11 months, New York generally has a fast process. The reason for the quicker timeline is New York’s decision to forego a waiting period prior to a divorce. In other states, waiting periods allow couples time to work out the details of the divorce agreement or reconcile.
The quickest way to get a divorce in California is to file for an uncontested divorce. In some places, this process could take a total of 6 weeks after filing. In an uncontested divorce, the couple has already agreed to all the terms of the divorce and is simply looking for the agreement to be certified by a judge.
The first step is to hire an attorney who can help guide you through the remaining steps. They can then help you prepare the filing and submit it to the court. Once the court has reviewed the filing, the other spouse will be served with the filing and is then given time to respond to the order. If all parties agree to the terms, the finalization can begin. If, however, there is disagreement, the couple will enter into mediation, arbitration, or litigation.
The total amount that a divorce could cost in New York will vary, depending on the circumstances of the case. However, the average cost for a divorce is $17,000. An uncontested divorce, however, could cost significantly less because the couple does all the work and the attorneys simply review the information and file the necessary documents in court. Those with more assets or more complicated matters could cost significantly more.
Divorce can be a complicated process that can last for weeks, months, or years. Each divorce is different, and the circumstances of your divorce will determine the timeline that you could be facing. If you have questions about the length of time that your divorce could take, contact the team at Trotto Law Firm, P.C.
]]>Experience can go a long way in the divorce process. With so many aspects of a marriage to settle, you want to have someone who understands the dynamics of how challenging these decisions are on family units. You want an attorney who is familiar with various areas of family law. That way, they can help ensure that your rights are protected and that you can have access to what you are entitled to.
It’s true that no two divorces are alike, but there are likely some commonalities that can help an experienced attorney fight on your behalf. If, for example, your divorce settlement involves children, you want someone who is familiar with child custody and visitation. Perhaps your spouse has a large retirement account. If so, knowing what equitable access you have to it can ensure that your investment in the marriage is recuperated.
Your attorney may be involved in many different community circles, and it is important to know with whom they are associated with. If they are familiar with your spouse, they may have a conflict of interest in handling your divorce. If, however, they know their attorney, they may have a good working relationship with them, which may help speed up the process or improve mediation.
In some firms, there is a team of attorneys. You will want to ensure that the attorney you hire is the one working for you. Sometimes, larger firms will hand cases to less experienced attorneys or recruit the help of paralegals. Find out the exact role of the team that they will be working with so you know how communication and requests will be handled. When you have questions, you want to know that they will be answered.
Find out upfront what the costs for services are. While this will be an initial estimate, the details of your divorce can provide the potential attorney with a foundation from which to work. You will want to know how much you will need to pay and when it will need to be submitted. For fees, be sure to inquire about what exactly those costs include.
It is unreasonable to assume that you will be the attorney’s only client, but you do have the right to understand how your case is progressing and to ensure that it continues to be worked on. Have a clear understanding of how they communicate and how often they will do so to keep your case progression up to date.
Not every divorce will be amicable, but most divorces have the opportunity for mediation or arbitration. Understanding your attorney’s experience with this can help you determine if they are right for you. If you are able to avoid court, it could not only speed up your divorce but keep your costs down by eliminating court fees.
Having experience with the local judges can help your attorney prepare for your case. Many judges have tendencies in the courtroom and their settlements. With this in mind, your attorney can prepare for that to avoid a lot of issues with documents or filings.
Asking a potential attorney about how they feel regarding different elements of a divorce case can help you understand which way they will guide you. Your attorney’s preferences on sole versus joint custody or on finances can help you decide which route is right for you. For example, if you’re in favor of sole custody, but your attorney prefers to argue for joint, it may not be advantageous to hire them.
They may not know all the details upfront, but giving a potential attorney a good picture of what your case involves can help them give you an overview of their thoughts. See if their vision aligns with yours. You also want an attorney who is honest with you about your case and doesn’t ignore the hardships or successes you may face.
When interviewing a potential attorney, stick to questions about their experience in similar cases as well as their thoughts on the details of your case. You want an attorney who has the experience and knowledge to formulate a plan to fight on your behalf for the divorce settlement that you are entitled to.
One of the hardest questions to ask any divorce attorney is what to expect in your case. Asking an attorney to predict the outcome is difficult. They may speculate about different elements of your case, but the final outcome is the result of many factors, including how well the other person is willing to cooperate.
One of the most important questions you should ask any potential lawyer, beyond their experience, is what their attorney fees are and the structures of payment. While no attorney can guarantee all the costs you might incur upfront, understanding their fee structure can help you not only prepare but speak to their experience. If their fees are outside of your budget, talk to them about it and see if they are willing to work with you.
No two cases are the same, and divorces can vary in cost. From attorney fees to court filings to settlement decisions, there are many parts that affect the final costs of your divorce. Attorney fees will make up the bulk of the costs, and they average around $350 per hour. Some attorneys will charge a retainer for their services, but that will factor into their final costs.
Divorces are complicated, but finding the right attorney to represent you doesn’t have to be. By asking the right questions upfront, you can ensure that the attorney you hire has your interests in mind and can represent you well. If you have questions about hiring a divorce attorney, contact the team at Trotto Law Firm, P.C., today.
Understanding the differences between an annulment and a divorce can help you understand which is the most effective way to end your marriage.
Both an annulment and a divorce will legally end a marriage. However, the biggest difference between both is how the marriage is recognized. A divorce separates a couple that is engaged in a valid marriage, whereas an annulment is for those in an invalid marriage. By definition:
These same options are available to those who are in a same-sex marriage.
The grounds for divorce or annulment are the legal stipulations that allow a couple to seek one option or the other. When a couple chooses a divorce, they are choosing to end the legal union between themselves and their partner, but both recognize that the marriage existed. When an annulment is sought, one spouse or the other declares that the marriage was never valid for one reason or another.
Grounds for divorce include:
New York is a no-fault state and, therefore, allows a couple to divorce without having to prove any specific fault. This also means that the level of fault in the ultimate divorce decision does not have an impact on decisions made when creating the divorce settlement.
In an annulment, the marriage is thought to have never occurred in the first place. Grounds for an annulment include:
An annulment in New York must be filed within 5 years of the marriage to qualify.
Looking at the differences, it is easy to understand why annulments are much less common than divorces, as they must meet one of the grounds listed.
Choosing a divorce or annulment does not negate the necessary settlement that must occur at the end of the separation. However, there are still differences between both processes and the resulting legal settlement that results from them. In both processes, there must still be decisions surrounding any child custody and child support. However, the other areas will vary.
In New York, couples seeking an annulment also have the right to seek equitable property division. However, spousal support is unlikely as compared to a divorce.
Annulments must be filed within five years of the marriage and must meet certain qualifications proving that the marriage was invalid from the onset. To prove this qualification, one or both spouses could suffer from an incurable mental illness or be physically unfit to consummate the marriage. Additionally, the marriage could be the result of fraud or the spouses are related to each other.
In a divorce, the marriage is recognized as valid, and each spouse is considered “divorced” when the decree is finalized. In an annulment, the marriage is considered invalid. Because of this, the finalization of the annulment negates the marriage altogether, returning each spouse to the status of “single” or “unmarried.”
An annulment validates one or both spouse’s recognition that the marriage was never valid. The annulment decree keeps the record of the marriage on file but considers the marriage to be null and void. This allows the separating spouses to regard the marriage as never happening in the eyes of the law.
While an annulment is a quicker process for ending an invalid marriage, spouses who seek this route lose out on opportunities that are otherwise granted in a divorce. While both need to reach agreements or legal orders for property division, child support, and child custody, there are no opportunities for spousal maintenance, which negates certain benefits that may have previously been available.
If you are seeking an end to your marriage and aren’t sure what options you may have, you should seek a trusted attorney who can help you through the circumstances that you are facing. At Trotto Law Firm, P.C., our family law attorney can answer the questions you have and help you understand whether a divorce or annulment is the right choice for you.