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Divorce FAQs

Our Lawyers Answer Your Questions

At Eiges & Orgel, PLLC, our lawyers understand the divorce process can be intimidating and uncomfortable, especially for those undergoing stressful relationships. That is why our team stands ready to guide those in need of experienced, knowledgeable, and caring legal representation. To further help, we have answered a list of common divorce questions.

What is No-Fault Divorce?

No-fault divorce is just as it sounds, meaning a person does not have to have sufficient grounds to obtain a divorce. In other words, a person could file for divorce without proving he or she was the victim of adultery, abandonment, or had lived without his or her spouse for at least a year. In fact, according to the New York Domestic Relations Law § 170.7., a divorce is permitted if the relationship between the couple is irretrievably broken for a minimum of six months.

What is Fault-Based Divorce?

A fault-based divorce is one that requires a spouse to provide evidence that the other spouse did something that led to the failure of the marriage. In some states, couples can only file for divorce under the following conditions:

  • Their spouse committed adultery
  • Their spouse abandoned them
  • Their spouse has a substance abuse problem
  • Their spouse has been convicted of a felonious crime

Is New York a Fault or No-Fault State?

As of 2010, New York is a no-fault state.

What is Uncontested Divorce?

When a couple agrees on every aspect of their divorce without the need for the judgment of the court, it is called an uncontested divorce. Couples that experience this agree on:

  • Child support
  • Spousal support
  • Asset division
  • Grounds for divorce

How Much Does a Divorce Cost?

Divorces can vary in cost and often depend on the following:

  • Assets
  • Whether or not children are involved
  • The age of each spouse

Thankfully, at our firm, clients can choose between a flat-fee divorce and hourly billing. We do so to provide our clients with flexibility so they can obtain top-tier results at a great price. We believe our clients deserve to pursue happiness, and that is why we do our best to help facilitate that.

Do I Need a Lawyer for Divorce?

Whether you are moving through a contested or uncontested divorce, it is wise to hire an experienced attorney. Reasons why include:

  • Divorce can be complicated: Divorce involves several facets such as custody issues, property and asset division, marital estate and support matters, prenuptial and postnuptial agreements, and protection from abuse litigation. Together, these can amount to an insurmountable obstacle. A lawyer will be able to resolve your case through skilled negotiations or, if necessary, aggressive litigation, to help obtain the results you need.
  • You are going through a high-asset divorce: The path to divorce is not always the same, especially in high-asset divorce cases. These types of cases can be exponentially more complex and often require an attorney with years of experience, financial expertise, and extensive negotiation skills.
  • You are emotionally invested: A lawyer will have the clarity and emotional stability that you are lacking on these personal matters. This is the time to have a professional and experienced individual take care of the details.
  • Avoid delays and costly mistakes: Divorce can be a time-consuming and arduous process for those unfamiliar with the law. Any missteps can cost you. Having an attorney prepare and file the paperwork can assure that any and all necessary information is provided, which can also speed up the process.
  • Lack of spousal communication: The cooperation and involvement of both spouses is necessary for a more efficient divorce and, if you and your soon-to-be-ex are not on speaking terms, a lawyer will bridge those gaps and coordinate the logistics for you.

Surprisingly, even if you don’t have an attorney, you could wind up paying legal fees for your spouse. This is especially true if your lack of legal representation slows down the divorce process, costing your spouse additional fees. In this situation, the court could make you pay for some of the extra expenses.

Can My Spouse and I Use the Same Lawyer?

You and your spouse should refrain from utilizing the same lawyer because the attorney will not be able to ethically represent both parties even if the two of you agree on all things. In fact, rules prohibit lawyers from representing two clients who have conflicting interests.

Do I Need to Go to Court for Divorce?

Every divorce is different than the next. Therefore, it will depend on whether or not you and your soon-to-be ex-spouse agree or disagree on the following:

How Do I Start the Divorce Process?

The divorce process starts with a divorce petition and is written by one person and served to the other spouse. From there, that petition is filed in the state court located in the county where the spouse lives. However, our legal team advises that you contact an experienced lawyer from our firm before serving your spouse.

In doing so, our legal team can prepare you and offer advice to help you avoid unnecessary errors that can create more problems in the future. Additionally, our legal team can stand by your side through every step of the case to ensure your rights are protected and to ensure your desired outcome is always the end goal.

How Will Our Assets Be Divided After Divorce?

There are many factors that must be considered when dividing assets during the divorce process. To begin, it is important to understand that only assets and property that you and your spouse obtained during the duration of the marriage are subject to division. Some factors that will affect what is considered fair include:

  • The amount of money and property each of you had when you got married
  • The amount of money and property each of you had when you filed for divorce
  • Whether or not either of you were awarded alimony in divorce
  • The future financial requirements each of you have following divorce
  • The age and health of each spouse

How Will Retirement Plans Be Divided After Divorce?

According to the New York equitable distribution laws, retirement benefits that are earned during the marriage are to be divided in divorce. In order to determine the amount of the benefits that go to the non-employee spouse, the court uses the Majauskas formula.

How is Alimony Determined in New York?

Alimony is awarded if the court believes that one spouse will be at a disadvantage if they are not awarded alimony. To reach a decision, the court considers the following:

  • The source of income
  • The occupation of each spouse
  • Physical and mental health of each spouse
  • Age of each spouse
  • The duration of the marriage
  • Assets and debt acquired during marriage
  • And more

When Should I Contact Eiges & Orgel, PLLC?

If you are contemplating divorce or would like legal guidance while moving through a family law related matter, do not wait to get in touch with our attorneys. When you call our firm, we will examine the details of your situation and determine which strategy will best protect your future. We understand that these issues can be emotionally draining, and that is why we seek to help our clients obtain positive outcomes.

Call us today, and let our lawyers stand by your side. We are backed by more than six decades of collective legal experience!

What Our Clients Are Saying

  • “Scott and his staff are excellent!”

    Former Client

  • “Scott and Andrew were on my case and were very supportive and understanding with everything.”

    Alex

  • “Eiges and Orgel are diligent, caring, and effective. This is the firm you want.”

    Amanda

  • “Ken is an exceptional negotiator as well as a trial attorney.”

    Matilda

  • “I received my settlement and separation agreement in 30 days after I filed for divorce!”

    E. Temple

  • “Thanks to Ken, I was able to keep my home, my business, and make sure my children would be taken care of through college.”

    Former Client

  • “I have been very happy with their services.”

    Steve

  • “If all divorce attorneys had the spirit of Kenneth "Ken" Eiges, cases would not drag on.”

    Femi

  • “He took the time to listen to all my concerns and provided honest, straightforward answers.”

    Nancy

  • “Thankfully I met Mr. Eiges and from that moment on everything was handled better than I could have imagined.”

    Fernanda

  • “He took the extra step to make sure I was satisfied”

    S. Powell

  • “My first meeting with Ken was both enlightening and comforting.”

    Rae

  • “Ken told me where I would be at the end of the process - and he was right.”

    Kim

  • “Compassion, professionalism, integrity and expert guidance are just some words that came to my mind when mentioning Eiges & Orgel PLLC”

    Former Client

  • “They worked extremely hard and took extra steps to fight for me.”

    Parrish

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