5 Frequently Asked Questions About Divorce

Posted By Eiges & Orgel, PLLC || 24-Aug-2015

Divorce can be complicated and frustrating. Because divorce is usually the result of two persons who have grown apart, disagreements can become quite frequent during the process. That is why it is important to contact an experienced divorce attorney if you are contemplating divorce. A skilled divorce lawyer can ensure that all fine details and expenses are explored.

Because divorce can be a daunting process, we have answered a few frequently asked questions.

1. Can I Get a Divorce if My Spouse Does Not Agree to It?

Answer: Legally, your spouse cannot stop you from getting a divorce. However, a spouse who does not agree to divorce can complicate the process. In these situations, it is important to contact a knowledgeable divorce attorney to see what the necessary steps are to begin the divorce.

2. Can My Partner and I Use the Same Lawyer?

Answer: Two persons cannot share the same divorce attorney due to conflict of interests. Each spouse should have their own lawyer since a divorce attorney owes a duty their client specifically.

3. How Do I Start the Divorce Process?

Answer: To begin, one of the partners must file a Summons with Notice or a Summons and Verified Complaint, which will state the reasons for the divorce.

4. How Will We Divide Our Property After the Divorce is Finalized?

Answer: Property division must be handled on a case-by-case basis. In most situations, courts will consider the length of the marriage, age, health, occupation, estate, and employability before making final decisions. Because of the numerous factors involved with property division, it is to a divorcing couple’s benefit to seek experienced legal representation immediately.

5. What will happen to retirement assets?

Answer: Similar to property division, retirement assets must be divided based on a variety of factors. It is important that these assets are examined closely. Often times, spouses will agree to a dollar amount rather than a percentage. Refer to our previous blog to learn more about how this can leave one partner struggling.

Contemplating Divorce? Get in Touch with Eiges & Orgel, PLLC Today

At Eiges & Orgel, PLLC, our New York divorce attorneys understand that divorce is a life-altering event. When you choose to work with our team, we can ensure that your best interest is our best interest. Our firm can work with you and make sure all of your questions and concerns are addressed.

Your situation may be touch but it doesn’t have to be complicated. Call Eiges & Orgel, PLLC today.

Categories: Divorce, Family Law
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