If you are getting ready to file for divorce, or are thinking about filing, there are a few things you can do to make the process smoother. Here are ten things you can do to help prepare for your divorce settlement negotiations:
1. Organize your finances. Getting to know and understand what you own, either individually or jointly, can help make the process of settlement easier and can give your attorney a chance to counsel you on the right path. Collecting the following documents could be helpful:
2. Open a credit card, checking and savings accounts under your own name. Arrange for your salary to be deposited into your new account.
3. Establish a joint account for interim family expenses.
4. Hire a good attorney. Your divorce attorney can play a vital role in your future and that of your children. Choose wisely.
5. Evaluate your income and your budget after the divorce.
6. Determine the educational and other needs of your children and use the child support worksheet to figure out how much child support you may be entitled to.
7. Determine if you are eligible for alimony. http://www.nycourts.gov/divorce/calculator.pdf
8. Figure out how to keep/get health insurance for yourself and your children if you get divorced.
9. Get a handle on your retirement accounts and those of your spouse. Your attorney can help with this.
10. Take a deep breath and relax. Divorce does not have to be a nasty process. A good matrimonial attorney can fight for what you deserve and remember to cooperate when it will result in a better outcome.
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Aronov Esq Contested Divorce Lawyer 98-14 Queens Boulevard Flushing, NY 11374 (718) 206-2050 divorcelawyernys.com
Aronov Esq Contested Divorce Lawyer 1174 Coney Island Ave, Brooklyn, NY 11230 (718) 206-1014
Couples from all over divorce each other for all kinds of reasons. The most common causes for divorce includes, domestic violence, disagreement on parenting style, or plain incompatibility. No matter what your reason is, divorce is a difficult and stressful thing that can drain out your finances quickly if you draw it out longer. The importance of finding a good divorce lawyer to take your case and represent your interests cannot be undermined.
A reliable and experienced divorce lawyer knows all the steps and methods of guiding you through the mess of legal technicalities all while ensuring your rights are kept safe. Written below are 4 tips you should keep in mind when looking for a divorce lawyer to work with.
There is no shortage of divorce lawyers. They are many of them and a big chunk of them advertise their services very aggressively. You are better off asking your family or people you know for recommendations rather than looking through flashy ads.
Keep in mind that there is no cookie-cutter approach to a divorce case. Each one is different and you want a flexible divorce lawyer with in-depth knowledge and is capable of bringing about good arguments of the circumstances on your behalf. Which brings us to the next tip…
After going through the basic details of your case, ask your potential lawyer if they have handled a case similar to yours before. Ask how that turned out and how they plan on handling yours. If the lawyer you found is part of a law firm that specializes in family and divorce law, you can be sure of their expertise in the field.
Going through a divorce is expensive and difficult. No arguing with that. To make it easier and lighter on your pockets, your divorce lawyer will likely ask you to come to an agreement on several things with your current spouse. This means having to do a lot of communicating between you, your spouse, your lawyer, and your spouse’s lawyer to come compromise on everything.
This highlights the importance of working with a divorce lawyer you can get along with. It will change everything.
Take some time off to properly ponder on and list down everything that concerns you and your divorce. Some commonly overlooked issues involve, retirement funds, investments in your name, debts, properties, etc.
The most impacting part of the divorce is how it affects your children, especially if they are young. Most reliable divorce lawyers have experience in child custody and child support cases so this is not much of a concern.
Lots of things can influence how a divorce case plays out. You’ll want to make sure you come of it in the best way possible so you can concentrate on moving forward with your life once again. As most divorce & family lawyers are aware of, a divorce is a significant and life-changing event but it can also give you a new start giving you new insight and experience.
Alimony refers to financial spousal support after a divorce. It was set into place to ensure that one spouse does not suffer financially after a divorce.
How do I get Alimony?
If you need financial support from your ex-spouse, you can ask for it during the divorce proceedings. If you reach a settlement amount with your spouse even before the proceedings, you can present it to court and ask the judge to include the agreement in the court order.If, for one reason or another, you cannot reach an agreement, a judge can decide whether you are entitled to alimony during the divorce proceedings based on your financial capacity to support yourself.Can I Still Apply for Alimony After the Divorce is Final? While alimony is requested during the divorce proceedings and should be agreed on before the final court ruling, there are some instances where a spouse does not ask for alimony but later realizes that it is necessary after all. If the divorce has already been finalized and no alimony was requested, it is harder to get a court order for financial support but it is not impossible.It is worth noting, however, that since family laws vary from one state to another, the process may be different depending on your state’s laws. In our practice area which is in the region of NYC, divorce lawyers who have the legal know-how are able to find loopholes to get their client alimony even after the divorce was agreed upon without alimony.
In most states, if a request for alimony is filed after the divorce has been finalized, the party requesting for alimony must be able to provide adequate proof that there has been a change in their financial circumstances after the divorce.
To get a court ordered financial support approved, you must be able to prove that the changes in your financial situation came about as a result of unforeseen circumstances before the final ruling was established. This is harder to prove in cases where the divorce came about as a mutual agreement between both parties and you must be able to show the court that your financial situation did not come about as a result of your own doing (e.g. refusing to get a job after a divorce versus inability to work after a divorce).
What Happens if Your Spouse Refuses to Pay Alimony
In cases where your ex-spouse refuses to agree on alimony payments, it is left to the discretion of the judge to determine whether you will be granted alimony. Since times have changed and most families are now two-income families where both spouses earn a living, it is fairly common for courts to only grant temporary alimony or rehabilitative alimony. In such cases, alimony payments are only given until the receiving spouse is able to get a job or get married again.
In deciding whether alimony will be granted or not (when there is no mutual consent), the judge will examine your financial situation, how much time it will take for you to get employment, your standard of living while you were married, the length of time you were married, the reasons for divorce, as well the mental and physical state of both you and your spouse during and after divorce.
Since divorce laws can vary from one jurisdiction to another, it is best to contact a local divorce attorney regarding alimony requests.