Skip to Content
Top

Is Your New Year's Resolution to Separate or Divorce?

|

If it is, I’m here to keep you on track and help you meet your goal!

Did you know Monday, January 6 this year was dubbed “Divorce Day”? This was the day people returned to work and decided they had enough, wanted out of their marriage, craved a fresh start and took action. They started Googling divorce on Google search and made phone calls to divorce attorneys. I received quite a few of those calls myself.

With over decades of experience guiding people through the divorce process, I can show you what’s possible and what works.

Please take advantage of a free consultation with me through the month of January to get you started!

Here’s what you need to know about Separation or Divorce:

  1. Don’t be afraid; separation/divorce is not as scary as it looks;
  2. Keep in mind nothing will happen until you take the first step;
  3. Find the right attorney/mediator for you;
  4. You are entitled to certain benefits; know what your rights are and what you are entitled to;
  5. You can separate or divorce;
  6. There are different vehicles to obtain a divorce-Mediation, Litigation, Negotiation; learn what they are;
  7. Divorce is not just the sad end of a part of your life, but a happy, healthy beginning of the rest of your life!

So here is something to think about. Should you Separate or Divorce?

You don’t have to jump to a divorce. Sometimes a separation can work well too.

So when clients consult with me they frequently ask me if they should separate or divorce. Sometimes it's because of health insurance, which you get to keep if your spouse has you covered on his or her policy. You can only stay on that policy if you are still married. The cost of health insurance is so high these days that people are finding it difficult to afford.

So some couples just get a separation and go their separate ways. They can't remarry, but that's okay for some of them. A divorce will allow them to remarry.

There is a third option that often comes as a surprise - it is signing a postnuptial agreement. This is an agreement affecting the couples' rights in the event they later decide to divorce. This leaves them still in a valid marriage but pre-plans their divorce if that should happen in the future.

There are various circumstances where this might be appropriate, such as when a marriage is in difficulty, but the parties would still like to work on preserving the relationship. Sometimes this comes into play if one of the parties is trying to obtain a Visa but the marriage is in trouble.

During a free consultation many issues can be addressed in all of these arrangements.

The important issues we will discuss will include:

  1. equitable distribution of property;
  2. definitions of marital property and separate property;
  3. under what circumstances one spouse may receive maintenance;
  4. estate rights;
  5. pension rights;
  6. child support;
  7. custody of children

If you are considering whether your marriage is viable, you may want to get more information on all these options.

Call today to schedule your free consultation with me and we can discuss which option works best for you! 212.734.1551.

Warm wishes,

Lois

Friendly Reminder:

The free consultation offer is good until the end of January.