How to guide the well-prepared divorce process
People have lots of questions about when they need a divorce lawyer, and what they should expect from the divorce proceedings. Divorce is a legal process that dissolves a marriage. The divorce process can be difficult and emotionally draining. You may have questions about who you should hire to represent you in the divorce process, or what happens during the various stages of the divorce proceedings.
A divorce lawyer is a legal professional who specializes in divorce and family law, including child custody and visitation, spousal support, and property division. There are many reasons why people get divorced, but most of them involve legal wrangling over property, debt, and custody of children. When you choose a good lawyer for a divorce, they will be able to help you navigate these complex issues so that you do not have to worry about them or fight them yourself in court.
It’s important to start your search by assessing your financial situation and the strength of your divorce case. The more time you spend on this step, the better informed you’ll be in selecting a divorce lawyer who can help you reach your goals.
Let us answer all your questions about divorce and give you peace of mind.
What do divorce lawyers do?
Divorce lawyers can help you with many kinds of issues related to a divorce, including:
- Getting a divorce from your spouse
- Helping you with child support issues
- Sorting out custody arrangements for your children
- Address financial issues like property division, alimony, child support
- Working out other issues related to your divorce like child visitation plans, spousal support, and property division
- Negotiating custody issues, child support, and other financial matters.
- Representing you in court if necessary.
- Determining child visitation schedules and travel arrangements for parents who want to continue to live together after the divorce is final.
- Settling property and debt issues.
- Reorganizing your finances after a divorce.
- Defending against allegations of abuse or other family violence
What will a divorce attorney cost me?
The average divorce cost depends on a number of factors, including the type of divorce, whether you are asking for custody issues or visitation rights, and how long you have been married. You can expect to spend at least $5,000 to $10,000 on legal fees in a contested divorce.
Stages of getting a divorce
The following are the stages of getting a divorce:
- The counseling stage – This is where you and your spouse talk about your future and discuss marriage and possible ways of getting a divorce.
- The settlement agreement stage – During this time, you will fill out a form with all the information that you want to include in your divorce settlement agreement such as child custody issues, alimony, property division, and more.
- Gathering evidence and depositions. During this stage, you will gather evidence and conduct depositions (also known as interrogatories). This is where you ask questions of witnesses who could potentially be called witnesses during trial divorce proceedings.
- The court hearing stage – At this point, both parties will go to court and present their case to the judge concerning issues related to their divorce case.
- The finalization of the divorce agreement stage – After hearing both parties out at trial court and making sure that there are no additional issues that need to be resolved between them, the judge will issue an order terminating (ending) your marriage and dissolving any rights or responsibilities that you had during your marriage together as well as awarding spousal support if necessary according to state law firm requirements.
Some characteristics of good divorce lawyers
Good divorce lawyers have the following characteristics:
- Good divorce attorneys will guide you through the process and help you avoid problems that could lead to conflict and litigation.
- Your lawyer for divorce will help you draft a prenuptial agreement, if applicable, before getting married so that there are no surprises after marriage.
- Your divorce lawyer will help with all aspects of your divorce, including child custody, child support, alimony (spousal support), division of property, and debt settlement agreements in order to get everything settled as quickly as possible while minimizing the stress on everyone involved.
- A divorce lawyer should be well-trained and knowledgeable about the law, family law, and divorce.
- He should have experience in dealing with various kinds of cases.
- A divorce lawyer should have the required licenses or certificates to practice as a divorce lawyer in your state of residence.
- You can trust them to give you sound advice on how to handle your case, whether it is a simple case or a complicated one.
- A divorce lawyer should have Good communication skills.
- A divorce attorney should have the ability to listen and take note of your concerns.
- A divorce attorney should have the ability to think on his feet and come up with solutions.
- A divorce attorney should have the ability to handle multiple cases in a day without getting overwhelmed.
- He can help you and your spouse understand each other’s needs and goals.
- A divorce attorney should not afraid to challenge the status quo and who will give you honest advice.
- A divorce attorney should be willing to work hard for you, even if it takes more time than expected.
- An experienced divorce attorney will know how the state laws apply to your case, so he or she can fight for what’s best for you and your family rather than trying to win at all costs.
What are the different ways to get divorced (family law)?
There are many ways to get divorced. They include:
- Legal separation is when a couple decides that they want to end their marriage but they don’t want to separate. The couple may still live together and raise children, but they don’t have to be married.
- An annulment is when a court declares that a marriage was never valid in the first place. This can happen if one or both of the spouses were below the age of consent or if one or both of the spouses were already married when they got married.
- Dissolution is when a couple decides that they will no longer live together, but still wish to continue living in the same house as husband and wife. They may also choose to share custody of any children involved in their relationship, as well as financial responsibilities such as paying bills and maintaining property owned by both spouses during their marriage.
- Divorce is when one spouse files for a legal separation from the other spouse but does not request an annulment or dissolution of the marriage at that point in time (this can only be done after five years).
What should I expect my first time meeting with my divorce lawyer?
- Make an appointment and arrive on time.
- Take a seat in the waiting room and wait for your name to be called.
- Your divorce lawyer will have your file with them, if you have one, it will either be on the desk or in their hands as they walk around the office.
- You may need to fill out some paperwork or answer questions regarding your case, such as what documents you want to be filed with the court, how custody/visitation arrangements are going to work, etc.
- Discuss any concerns or matters of importance that may arise during this meeting (ie: child support issues, child support arrears, etc..)
- You may have questions throughout the process, so please feel free to ask questions of your divorce lawyer as they arise during the meeting or follow it if necessary. Your lawyer for divorce will do everything possible to answer them in a timely manner and provide clear answers so that you feel comfortable continuing forward with the case or terminating it at any point along the way if necessary.
- The divorce attorney will review the divorce case, including any divorce papers work you have submitted. They may ask you questions to determine whether they can assist with your case.
- Your lawyer for divorce will research relevant divorce cases and determine the best way to proceed with your divorce case, based on the information that has been provided by you and any other relevant information about your situation that was discovered during this consultation meeting with them (i.e., if there is no prenuptial agreement, etc.).
What are the grounds for divorce?
The grounds for divorce are the reasons a couple can get a divorce. In New York, there are nine different grounds for which you can file for divorce.
- The first ground is “irreconcilable differences.” This means that one or both spouses can no longer live together peacefully and have an emotional connection with each other.
- The second ground is “incompatibility.” This means one spouse has committed adultery and wants to end the marriage because of it.
- The third ground is “extreme cruelty.” This means one spouse has been physically violent towards the other for a significant period of time and that violence has caused serious emotional or mental harm to their partner.
- The fourth ground is “fraudulent concealment.” This occurs when a spouse hides assets from their partner during the marriage without their knowledge. For example, if one spouse hides an inheritance from their parents or another relative who might give them money after they die, this would be fraudulent concealment.
- The fifth ground is “fornication,” which occurs when two people engage in sexual intercourse outside of marriage. Fornication is considered adultery in New York State but doesn’t result in divorce unless there are children involved; if there aren’t any children
What is the difference between a “contested” divorce and an “uncontested” divorce?
A contested divorce is one in which there are disagreements between the parties over issues such as property division, alimony, child custody, and parenting time. In a contested divorce, the judge must decide how to resolve these issues.
An uncontested divorce means that all relevant issues have been resolved and there are no remaining disputes. If you and your spouse have agreed on all of the issues that will be decided by the court (such as child custody), then you will likely be able to move on with your life without having to deal with any more legal proceedings.
Do I have to file in the county where I live?
Generally, you’ll have to file in the county where you live. If you and your spouse live in different counties, then you’ll need to file in the county where your spouse lives. However, if either of you has property or money in another state and they’re going to be part of the settlement or other divorce proceedings there, then you’ll need to file in the state where they are located.
What is the difference between child support and alimony?
Child support is ordered by a court for children who are not yet adults. The amount of child support varies based on income, the number of children, custody arrangement, and other factors. Generally speaking, parents must pay their child’s other parent (the non-custodial parent) the child support ordered by the court.
Alimony is ordered by a court for people who are married or have been married and had children together. Alimony is paid to an ex-spouse in exchange for spousal support during their marriage. Alimony may also be used when there is no other source of income available to pay back money owed during the marriage.
Should I bring my children to court?
If you want your children to be part of the process, you should absolutely do so. This is especially true if they are young and have a good relationship with both parents. Some people prefer to have their children see only one parent at a time, while others want both parents in court with them. The choice is yours; however, it’s important that you keep your child’s best interests in mind.
A settlement agreement is best for the children
A settlement agreement is best for the children. The agreement should include a provision for the children’s support, as well as other financial needs, such as college tuition and travel expenses. It is also important that the agreement includes specific language about how each parent will care for their children. In addition to this, it is important that there is an explicit agreement between both parents on how to make decisions about their children’s welfare.
Do I have to pay child support if my child lives with me full-time?
There is no law saying that you have to pay child support if your child lives with you full-time, even if you are still married. However, if you are separated from the other parent, and the child lives with you full-time, then your obligation to pay child support may be triggered.
If one parent has made an agreement with the other to pay a certain amount of money for the care and support of their children, then that amount of money must be paid regardless of whether or not one parent lives with their children full-time. If a parent does not want to pay this amount of money as agreed upon, then they can ask for a modification or cancellation of this agreement. They should contact their lawyer for divorce right away so that they can get on top of any issues regarding child support payments.
My spouse is hiding assets. What should I do?
The first thing to do is to get a good financial statement from your spouse. This will help you decide whether or not the situation is serious enough to warrant a divorce lawyer. If it is, then you need to find one that specializes in divorce and family law.
Once you have hired a divorce lawyer, he or she will be able to determine how much money your spouse has hidden and how much of it belongs to you. Next, both parties will go through account statements and other documents to figure out where all the money is coming from and how it’s being spent.
Finally, after all of this information has been gathered, a divorce lawyer will work with you on a plan for dividing up the assets between the two of you. This could include payment plans or even selling off some assets that aren’t needed anymore so they can be distributed equally among those who own them.
If you have been in a relationship for a long time, it is important to know that there are situations that can happen. It is important to be prepared for these situations so that you will not have to be caught off guard when it comes time for you to deal with them. It’s important to find an experienced divorce lawyer who understands how the law firm works in Massachusetts and what rights each party has under that law. A good lawyer for divorce will also help you present your case in court so that it is clear and concise from start to finish.