Divorce is a really challenging process. One of the best things you can do to maximize the value of your relationship with your lawyer is to know your relationship’s limitations.
Divorce is a really challenging process. One of the best things you can do to maximize the value of your relationship with your lawyer is to know your relationship’s limitations.
Deciding whom to work with is only the beginning of your case. To really get the most out of your work with your attorney, you want to stay actively involved throughout the duration. This means a couple of things.
Your relationship with your divorce lawyer impacts more than just your divorce settlement. It impacts your entire experience of the divorce process, from start to finish.
There are three types of tax debt that may be addressed in a divorce: tax debt that was paid off during the marriage, tax debt existing at the time of divorce, and tax debt that may exist in the future.
For many divorcing couples, at least one if not both spouses have student loan debt. What happens to that debt in the divorce process?
Divorcing spouses are entitled to divide credit card debt between them however they jointly see fit. Where they can't agree, a court will engage in the same inquiry it does for any other type of debt.
Most homeowners have debt associated with their home, usually in the form of a mortgage and/or a home equity line of credit. In a divorce process, this is often the largest marital debt on the table.
Property division in a divorce happens in three stages. First, the property is classified as either separate property or marital property. Then, the marital property is valued. Finally, the marital property is distributed between the parties.
The first step in determining how to divide property in a divorce is to figure out what property will be divided in the first place.
We care about whether something is defined as separate property or marital property to know whether it will be divided between us and our spouse in a divorce process. Separate property is off the table; it remains entirely with its owner.
Child support is the financial support parents are required to provide for their children. Contrary to popular belief, child support is the responsibility of both parents.
Calculating the first part of the child support award—i.e., the regular payments from one parent to another—is a three-step process.
The majority of couples who choose to settle their divorce out of court are motivated by a concern for how litigation could impact their children’s well-being as well as their own autonomy as parents. And with good reason.
If you have children under 18, you'll need to speak to "custody" in your divorce agreement—specifically, "legal custody" and "physical custody."
There are various ways to share custody in a divorce, and they differ slightly between physical custody (parenting schedule) and legal custody (parental decision-making).
There are two types of divorces in New York: uncontested divorces and contested divorces. The differences between them tend to create a fair amount of confusion among people going through the divorce process, and this article will attempt to bring some clarity to the subject.
How does divorce work in New York? It’s a good question, and one that I hear a lot. If you’re going through a divorce, or contemplating one, there are two distinct categories of divorce-related information that you’ll want to understand.
Part of the mediator's role is to help you communicate the most effective way possible, with a focus on the future.
There are two ways of resolving the financial and parenting issues that you and your spouse must address in a divorce: (i) you can reach a mutual agreement about them or (ii) a judge can make decisions for you.
Because the divorce process you choose will have a significant impact on your experience of your divorce, and potentially on the final outcome of your settlement, you want to choose wisely for your particular situation.
Technically, there's no legal requirement that you be represented by a lawyer in order to get divorced. However, whether or not you should work with a lawyer is a different question.
For couples divorcing through mediation, working with a "consulting attorney" can provide vital support throughout the mediation process, and ultimately, in reaching a durable settlement.
Anyone at the outset of a time- and resource-intensive process like divorce wants to know how long the process will take. It seems like a straightforward enough question. So why is it so hard to get an answer?
There's nothing more difficult than a divorce process that just won't end. The time, energy and money spent. The feelings hurt. The damage to relationships. It’s a fate every divorcing couple wishes to avoid—and yet some fall prey to it. Why?
The job of a "review attorney" is to review and advise you regarding the draft of an agreement you are considering signing. A review attorney does not participate before the agreement is drafted.
To calculate regular child support payments, you add the parental income together, and apply a corresponding percentage to the lesser of the combined parental income or a sum assigned by statute (currently $163,000).