FAQ

If you and your spouse are seeking a low-conflict divorce, mediation may be able to save you time and money during the divorce process. Mediation is handled by a qualified "mediator," who acts as a neutral party between each party of the divorce. Like a collaborative divorce, mediation is ideal for couples who are in general agreement about key issues related to their separation.

Mediation usually takes less time than a litigated divorce, which can save legal costs and attorney fees. Mediation only saves money if both parties are willing to work together. Without cooperation from the husband and wife, mediation can be very costly.

Child custody is determined by the "best interest of the child." This concept takes the child's emotional wellbeing, physical health, education, medical needs, and other factors into consideration. In the end, the court will determine what is truly in the best interest of your child or children.

You can change your child custody agreement in the event of very specific circumstances. This might include parental relocation, a change in either parent's financial status, or a change in the child's needs.

The best interest of the child determines your child support agreement, much like a child custody agreement. Financial factors, such as your income and the child's financial needs, play important roles in your support settlement.

The court does not take unpaid child support lightly. Unpaid child support can lead to property liens, driver's license revocation, and wage withholding.

Yes, you can file for a child support modification. However, the court only allows modifications under special circumstances. Common reasons for child support modification include job loss, unexpected medical costs, or a significant increase in one parent's income.

New York is an "equitable distribution" state, which means that you are entitled to a fair portion of the marital property and assets. According to the law, fair and equal are not always the same; the court might decide that you are entitled to more or less than 50% of the assets.

A variety of factors determine your share of the marital assets. The duration of your marriage, your alimony agreement, child custody, your income, your spouse's income, and other variables can influence the division of your assets.

Like property division, debt division is contingent on other factors. If you or your spouse is in debt, the court will divide it along with your other finances (property and assets). If your spouse accumulated a significant amount of debt without your knowledge, you may be exempt from division.

Collaborative divorce is a growing area of family law that allows couples to avoid some of the tedious legal complications associated with high-conflict divorces. In order to pursue a collaborative divorce, each spouse must sign a written pledge promising to avoid seeking a divorce settlement in court. When handled correctly, collaborative divorce can save time and legal expenses.

The law does not require you to hire an attorney, but working with a lawyer improves your chances of a favorable divorce outcome. Divorce is emotionally and financially difficult. Without a legal advocate, you carry the risk of compromising your best interests during the divorce process. An attorney understands the ins and outs of the divorce process and can help you make an educated decision for your future and the future of your family.

A flat fee divorce is much like an uncontested divorce. If you and your spouse generally agree on spousal support, child custody, property division, and other issues, a flat fee divorce may be the best option for you. To learn more about a flat fee ("fixed rate") divorce with Eiges & Orgel, PLLC, click here.

The divorce process starts with the plaintiff filing a Summons with Notice and serving it to the defendant. Automatic restraining orders are applied to both parties once the process begins. The defendant must respond, leading to a preliminary conference to schedule the discovery phase, where parties exchange relevant information. The discovery phase concludes with a compliance conference to ensure readiness for trial. If prepared, the plaintiff files a certificate of readiness, and a trial date is set. During the trial, both parties present evidence and testimony. The court then issues a decision, and a judgment of divorce is prepared and signed by both parties to finalize the divorce.

The average time to get a divorce in New York is 9.5 months, which is less than the national average of 11 months. The average time for an uncontested divorce in New York is roughly three months. Some uncontested divorces can be resolved in as little as six weeks.

In New York, a wife is entitled to an equitable distribution of marital property: the allocation of assets acquired during the marriage. The New York legal system prefers not to favor one party over the other, particularly in separations involving children or family members who depend on the divorcing couple.

New York recognizes several grounds for divorce, which can significantly affect the divorce process. Understanding these grounds can help in determining the most suitable legal approach and anticipating the challenges that may arise during proceedings.

Choosing the appropriate ground for your divorce involves an understanding of both the legal definitions and the practical implications of each scenario. This can affect the length and cost of the process and, consequently, your overall strategy. The state's preference for no-fault divorce offers a more streamlined option, while fault-based grounds might be appropriate under specific circumstances.

• Irretrievable Breakdown: This is the most common ground, where the marriage has been irretrievably broken for at least six months. This no-fault ground allows couples to avoid the complications of proving wrongdoing.
• Cruel & Inhuman Treatment: If one spouse has treated the other in a way that makes it unsafe or improper to continue living together, this can be a ground for divorce.
• Abandonment: If one spouse has left the marital home for a year or more without consent, it may qualify as abandonment.
• Adultery: Evidence of infidelity can be cited as a ground for divorce. This requires proof and can complicate proceedings.
• Judgment of Separation: If a couple has lived apart under a separation agreement or judgment for at least one year, they can file for divorce.

It should be noted that divorce judgments are judicial decrees issued by New York’s Supreme Court judges. Divorce cannot occur without filing a legal proceeding in a Supreme Court in the county where the parties reside.

However, the parties are always encouraged to seek assistance from lawyers and other professionals in order to resolve their differences, rather than endure the intense emotional conflict of an adversarial proceeding in a courtroom prior to a judge’s finding and judgment.

Opting for a divorce settlement outside of the courtroom tends to conserve both time and finances. It allows more personalized agreements that can address individual family needs, steering clear of the often rigid decisions imposed by court orders. Negotiating privately also grants couples greater control over the terms of their divorce, creating a more harmonious post-divorce relationship which can be particularly beneficial if children are involved.

Ultimately, the parties must decide whether the dissolution of their marriage should be heatedly contested in an open courtroom or privately resolved after good faith negotiations.

Choosing the right divorce lawyer in New York is crucial and can significantly influence the outcome of your case. First, you should consider the number of cases your potential attorney has handled and whether or not they have had success with a majority. Experience in family law, especially regarding New York's legal system, can be a strong advantage.

Moreover, it's important to find a lawyer whose communication style and approach align with your needs. A firm that keeps you updated and explains each stage of the process in understandable terms can ease the stress of proceedings. A local attorney familiar with New York courts can offer insights into the strategies best suited for navigating your case.

Several factors will need to be determined as you file for divorce, including:

• Division of assets
• Establishment of spousal support
• Delegation of child custody

These are matters of high importance that deserve nothing less than the best legal representation available. Therefore, we urge you to choose wisely. The lawyer you select to represent you could have a great impact on the outcome of your case.

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.