how to choose a divorce attorney for your csae

7 Steps To Choosing The Right Divorce Lawyer

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How to choose a divorce lawyer?

So, you must know the criteria for choosing a divorce attorney and what to expect from a divorce lawyer. Possible ways to go about the divorce process include arbitration, mediation, litigation, collaborative divorce, summary divorce, contested divorce, and others.

Are all divorce attorneys the same?

They are not all the same. Find at least three divorce attorneys that you can interview before making your decision. Clearly, you need to hire a lawyer that specializes in family law and one that's experienced in the specific type of divorce you think is best for you.

How many divorce attorneys should I hire?

Don't jump to hire the first lawyer you meet. They are not all the same. Find at least three divorce attorneys that you can interview before making your decision. Clearly, you need to hire a lawyer that specializes in family law and one that's experienced in the specific type of divorce you think is best for you.

What does a divorce lawyer do?

Your divorce attorney's job is to represent you to the best of his or her ability in this process. While you might want them to listen to your anger, frustration, pain and sadness, that is not their job. They are not trained to be your therapist or coach, and they don't want to be.

What should a woman ask for in a divorce settlement?

You can ask for life insurance, a smaller share of your accumulated debt, more of the family heirlooms or jewelry, or a higher percentage of the retirement funds. Just like women, the men can ask for whatever they feel like they're entitled to within the divorce.

What is a wife entitled to in a divorce in New York?

What Am I Entitled to in a Divorce in NY? Under New York's equitable distribution laws, only your “marital property” will be divided during a divorce in NY. This means that you and your spouse will get to keep any separate property that was brought into the marriage.

What to ask for during a divorce?

What Should I Ask for in a Divorce Settlement?Your Marital Home. Think about what you want from your marital home. ... A Fair Share of Assets. ... Retirement and Investment Accounts. ... Fair Debt Division. ... Parenting Time. ... Child Support and Alimony. ... Your Child's Future Needs. ... Take the First Step with Coumanis & York.

How long does a divorce take in NY?

roughly 3 monthsSome uncontested divorces are resolved as quickly as six weeks, while others can take six months or more. Since New York does not have a waiting period, a divorce that both parties agree on takes roughly 3 months for the papers to be filed with the court.

What can you not do during a divorce?

Top 10 Things NOT to Do When You DivorceDon't Get Pregnant. ... Don't Forget to Change Your Will. ... Don't Dismiss the Possibility of Collaborative Divorce or Mediation. ... Don't Sleep With Your Lawyer. ... Don't Take It out on the Kids. ... Don't Refuse to See a Therapist. ... Don't Wait Until After the Holidays. ... Don't Forget About Taxes.More items...•

How many years do you have to be married to get alimony in NY?

Typically, in New York, the court will determine the duration of alimony by using the following guidelines: Marriages lasting 0-15 years, support should last 15%-30% of the length of the marriage. Marriages that lasted more than 15 years to 20 years, support should last 30%-40% of the length of the marriage, or.

What are the 5 stages of divorce?

There are two processes in divorce. The emotional process can be broken down into 5 stages: Denial, Anger, Bargaining, Depression, and Acceptance.

What can a wife claim in a divorce?

Assets that you have built up or acquired during the period of marriage are known as matrimonial assets or marital assets. These typically include property, pensions, savings, personal belongings, and cash in the bank.

How much will I lose in a divorce?

Most men experience a 10–40% drop in their standard of living. Child support and other divorce-related payments, a separate home or apartment, and the possible loss of an ex-wife's income add up.

Is dating during separation adultery in New York?

In most cases of separation (as long as you are living in separate houses), dating and meeting several people with no sexual relations is acceptable. Even dating with sexual relations when separated has been considered acceptable to society. In New York, virtually no one has been prosecuted for adultery.

Does New York require separation before divorce?

How long do you have to be separated before you can file for divorce in NY? The grounds in which you file for divorce in New York determine how long you have to be separated from your spouse before filing. For a “no-fault” divorce, you must be separated from your spouse for at least one year.

Does it matter who files for divorce first in NY?

It generally does not matter who files first in a New York divorce case. The filing spouse does not get an advantage to "set the rules" of the divorce. New York courts apply principles that do not favor one party over the other.

Does adultery affect divorce in NY?

Many New Yorkers are often surprised to learn that, although for a long time adultery was the only grounds for the granting of a divorce in New York, today it is one of the least effective ways to try and get out of a marriage, even if your spouse is cheating right in front of you or in public.

Does it matter who files for divorce first in NY?

It generally does not matter who files first in a New York divorce case. The filing spouse does not get an advantage to "set the rules" of the divorce. New York courts apply principles that do not favor one party over the other.

How is alimony calculated in NY?

For marriages from 0 to 15 years, it is 15-30% of the duration of the marriage. If you've got a 10-year marriage, it would be 1.5 to 3 years of maintenance. If you have a 15-20-year marriage, it is 30-40% of the duration of the marriage. And more than 20 years, it is 35-50% of the duration of the marriage.

Do you have to be separated for a year to get a divorce in NY?

You can seek a no-fault divorce in New York if you and your spouse have been separated for at least one year or if there's been an "irretrievable breakdown of the marriage" for at least six months. Couples can also seek a divorce after entering into a separation agreement and living apart for at least one year.

What is divorce attorney?

Divorce attorneys (a subsection of Family Law) specialize in the entire divorce process from start to finish, help smooth over differences between disagreeing parties, and even offer a sympathetic ear to listen when you feel overwhelmed or upset.

How to narrow your search for divorce lawyers?

While the number of attorneys you will encounter after a simple Google search can feel overwhelming, you can narrow your search by adding the search query to the divorce process you are seeking (arbitration, mediation, etc.). This will ensure that the lawyers who appear in your search results will specialize in the type of divorce you want.

Why is it important to hire a divorce attorney?

Hiring a divorce attorney is often one of the first steps any person seeking a divorce will perform, and it is easily the most important, as their guiding hand can help make every subsequent step that much easier. Once you have planned to acquire an attorney’s services, your first big decision is which attorney to choose and why.

What are the different ways to go about divorce?

Possible ways to go about the divorce process include arbitration, mediation, litigation, collaborative divorce, summary divorce, contested divorce, and others. Spend time researching these methods and select the path that you think will work best for you.

Why do you have to have an interview with an attorney?

Having an actual interview with the attorney can help solidify your mind if they are the right type of person with the right expertise for your case. To ensure that you get all the information you need to make an informed choice, create a list of questions beforehand, and ensure to go over each question in full depth.

What to bring to an interview for a lawyer?

Be sure to remember to bring a pen and paper with you when performing your interviews. Penning down notes will help you remember what the lawyers said when you are making your decision later.

What is the marriage.com course?

If you feel disconnected or frustrated about the state of your marriage but want to avoid separation and/or divorce, the marriage.com course meant for married couples is an excellent resource to help you overcome the most challenging aspects of being married.

How to find a divorce lawyer?

Ask them about what type of client they typically represent. Ask them about their rates. Most divorce lawyers charge an hourly fee and require a retainer -- a fee charged in advance. Some lawyers will also negotiate fees based on anticipated settlements. Don't waste your time (or theirs) on a meeting if they're out of your cost range. Most divorce attorneys provide a free consult to discuss your specific situation and what their legal approach would be. So take advantage of it to gather as much legal advice as possible! Typically, the attorney you meet with will not be handling the day-to-day issues related to your case, so ask to meet the colleague or associate that would. The divorce process can also include financial experts, parenting coordinators, coach facilitators, and forensic appraisers. Find out your attorney's access to these resources and if any would be relevant to your case, as it will affect overall cost. And even if you have no intention of heading to trial, look at the attorney's trial record and history of success in court. This track record is an indicator of your attorney's success in negotiation.

What to do before you rush out to hire a divorce attorney?

Before you rush out to hire a divorce attorney, consider other alternatives to traditional litigation. If you aren't completely entangled with children and finances, you could hire a mediator to help you negotiate the terms of your divorce.

What is the cheapest way to get divorced?

Mediation is the fastest, cheapest way to get divorced, and you might not need to hire an attorney at all! If your negotiation is more complicated, you'll have to hire a divorce lawyer to negotiate a settlement with your spouse's attorney. Or you could consider a collaborative divorce.

What is collaborative divorce?

A collaborative divorce is focused on negotiation with the goal of preserving a co-parenting relationship. Your last resort is a litigated trial. Typically, these are the cases when neither side will compromise. So you need to determine what type of divorce attorney you need based on your unique circumstances.

What is the purpose of divorce?

First, you need to realize that divorce is a legal process with the sole purpose of dissolving your assets and resolving custody issues. Your divorce attorney's job is to represent you to the best of his or her ability in this process.

Do attorneys tell you what you want to hear?

Unfortunately, many attorneys will tell you what you want to hear just to close the deal. While this is your life, it's a business for them. There are no guarantees in this process, so if an attorney is making promises, don't believe it.