UNDERSTANDING THE KEY CONSIDERATIONS BEFORE FILING A DIVORCE CASE IN THE UNITED STATES

Introduction 

A divorce can totally turn your life around and get in the way of a lot of feelings. It is a tough and long one, and it is more than fine to be totally overwhelmed by the entire experience. Being prepared is a great way for keeping things in check and putting yourself in the best possible position. 

There is a lot to think about if you are thinking of getting a divorce. A divorce lawyer in New York can help you make this transition easier on you with compassion. Divorce lawyers in New York have put together some divorce tips that will make you an educated person on important issues to talk about when beginning the divorce process. These tips will familiarize you with what a divorce will mean to you, your children, your finances, taxes, insurance, and property. 

This post summarises key issues to be considered for anyone considering divorce. From seeking advice (professional and personal) right through to agreeing money and arrangements with children, to other issues like papers, passports, statements, moving on, and living arrangements. These are all important issues you need to consider so you can both live your separate lives and begin again as best as possible. 

Top considerations before starting a divorce case 

• Consider your options. 

There are a number of ways to handle a divorce. Divorces can be easy or complex, depending on what you and your spouse would like to do. You can both want to come to a fair agreement without going to court, and that will be less expensive to both of you. At other times, however, you have to go to court to protect your rights, be safe from domestic violence, or obtain temporary money help until you organize your affairs. 

How peacefully will you and your spouse divide your property and end your marriage? Do you both see eye to eye on custody of the children, visitation, and child support? Is there a power imbalance issue that may lead to an unfair outcome? These are just a few of the questions that will help you make a decision of what is in your best interest. A divorce lawyer in New York can help you resolve these queries. 

The following are some things to consider: 

1. Mediation: It is an off-the-record process where a third impartial party acts as a facilitator to persuade the two parties to talk and hopefully reach agreement. Mediators do not, however, act on behalf of either side or promise all is equal in the eyes of the law. Mediation agreements may be more expensive in the long term, and hence legal advice should be obtained in the process. Mediation is inappropriate where there has been violence or addiction. In this case, you should tell your divorce lawyer in New York about it. 

1. Separation or Settlement Agreement: This is an agreement that you both sign to reach an understanding about the division of assets and liabilities, spousal support, and children. This can be complicated based on your circumstances. If you do agree, it can help you get an uncontested divorce without having to appear in court. You may also prefer to stay lawfully separated instead of divorcing. 

1. Contested Divorce: This is when you and your spouse are not agreeing on the conditions of the divorce. You may not be fighting the divorce per se but require the court’s intervention to settle issues on aspects such as support, custody, and division of assets. Most contested divorces are settled before trial, but where differences are too extreme, a judge will have to step in and rule. 

• Why do people get divorce? 

In New York, divorces happen most frequently due to the fact that the marriage has completely collapsed. To be granted a divorce on this basis, one only needs to allege that the relationship has been bad for a period of at least six months. The other spouse cannot protest, and no proof is needed. All issues relating to the divorce, however, must be determined in a Separation Agreement, a Stipulation of Settlement, or by the court after a trial. It is a good idea to speak to a divorce lawyer in New York to decide if you have compelling reasons to file for divorce. 

• Issues regarding kids. 

Divorce will affect your kids. It is advisable not to involve them in your divorce. Don’t discuss your problems with your spouse, and don’t disparage them before your children. Remember, your ex-spouse is still their parent. There is something the court is looking for as far as the making of the decision on who will have custody. That is who will have a good relationship with the other parent. Care in dealing with things related to the kids. 

Custody battles can be costly because they typically entail the expense of divorce lawyers in New York, psychologists, and other specialists, which you and your spouse will have to pay for. If you are experiencing a strained budget, it might be cheaper to leave custody matters in family court since the charges there are less. You could consider visiting family court first before filing for divorce. Talk this option over with your divorce lawyer in New York and determine whether it is best for you. 

• Know your finances. 

After child custody, finances are also a point of contention and can lead to costly divorce proceedings. It is imperative that you know your finances, including income, expense, savings, retirement, and debt for yourself and your spouse before you start the divorce.  

Know the costs of keeping your home, including bills, maintenance, mortgage, and insurance. Also, know your monthly expenses and income. Do you own any equity in your home? How much is your home worth today? How much debt do you and your spouse carry? Marriage is a business partnership, and divorce breaks the partnership. The more you understand about your money, the better you can protect your interests in the divorce. 

Get help! 

Take an armload of questions with you to the consultation with a divorce lawyer in New York so that you have some chance to ask for everything you require. Take with you your tax returns, investment accounts, bank statements, checking account information, credit card statements, and an approximate calculation of your household expenses.  

Ask how much and whether you will be charged extra if you truly need to appear at a hearing or trial. Divorce is just so all-consuming, so it is nice to have a divorce lawyer in New York whom you feel you can talk to about anything—your marriage, your children, your money, and what you are hoping for from the future.  

We are committed here at Gehi and Associates to assisting you with the legal guidance and representation that you need in these difficult situations. Get in touch with us today!