Frequently Asked Questions About New York Divorce
The overwhelming stress of a pending divorce can be a difficult burden to bear. You likely have many questions about the divorce process and how it will affect your future. Below you will find answers to some of the most frequently asked questions (FAQ) about divorce in New York.
If you are facing a divorce and need more personalized answers to your questions, please call 877-517-0648 to schedule a free phone consultation with me, family law lawyer David I. Grauer.
How much does a divorce cost?
The cost of a divorce will vary depending on your circumstances. For example: The type of assets you own, whether children are involved and the length of your marriage can all affect your divorce expenses. At my firm, I offer hourly rates and will work hard to get your matter resolved as quickly as possible. For uncontested divorces, I offer a flat-fee based on the scope of the case.
How long does the divorce process take?
Every divorce is different, which means the length of the process will vary for each case. Uncontested divorces can be settled in a matter of weeks, whereas contested divorces may take months or years to settle, depending on the complexity of issues and whether spouses are able to agree. To support my clients in finding fair and timely resolutions, I work closely with them to identify their specific needs and explore all available options for negotiating an out-of-court settlement.
What are the disadvantages to taking your divorce to court?
If you and your soon-to-be-ex are unable to negotiate an agreement, your case will then go to trial and a judge will determine the final terms of your divorce decree. An important factor that divorcing couples must consider is that judges do not know you, they do not have a deep understanding of your situation and they will be forced to make a decision without having all of the information. By keeping it out of the courthouse, you remain in control over your own destiny.
How is marital property divided in New York?
New York is an equitable division state, which means that marital property is divided in a manner that is fair, but not necessarily equal. The courts take many factors into consideration when determining how to allocate assets, including the length of your marriage, financial status of both spouses, alimony or spousal support needs, child custody arrangements and child support needs.
There is little to no value in fighting over personal articles or how things in the house should be divided. Things like objects, cars or other possessions will end up costing you more than they are worth. The same can be said for fighting over savings accounts, an IRA, 401(k) or any other retirement accounts. Unless you feel your spouse is hiding assets from you, it is not worth the fight.
How does equitable distribution affect businesses or professional practices in a divorce?
New York’s equitable division laws could impact your business or professional practice during a divorce. Many variables are considered in business evaluations, such as the duration of your marriage, when your business was established and how the business is structured.
High net worth divorce cases are complicated and many include the distribution of the following assets:
- Bank accounts
- Offshore accounts
- Real estate investments
- 401(k), pension and other retirement accounts
- Bonus compensation
- Stock options
I work with forensic accountants for asset investigations whenever necessary.
How will a judge determine custody?
In any child custody and parenting time case, New York courts will always consider what is in the best interests of the children. Factors that can influence a judge’s decision may include:
- Emotional, mental and physical well-being of all involved parties
- Which parent has served as the children’s primary caretaker
- Which parent the children are currently living with
- Educational and medical needs of the children
- If there is a history of neglect or abuse
- The home environment of each parent
- Each parent’s ability to provide for the children
There are so many variables involved with child custody cases. A detailed custody agreement should leave nothing up to interpretation: It will include schedules for the school year, holidays, activities, camp, religious obligations, medical appointments and other various commitments.
How do I begin the divorce process?
As a New York family law attorney with more than 35 years of experience, I understand the immense pressure you are facing. You know that decisions need to be made, but you have no idea where to begin. To effectively support your needs, I will work diligently to alleviate your stresses throughout the process by collaborating closely with you in developing a strategy that meets your goals and assists you in making informed decisions about your future.
Still Have Questions About Divorce?
I offer a free phone consultation and flexible appointments. Contact my firm today to schedule a convenient time to discuss your divorce and how I can help you.