When did you start thinking about divorce? Was it because of finances,
fighting, infidelity, control issues, social media postings, or did you
simply fall out of love?
Couples don’t just wake up one day and decide they want a divorce.
A lot of time, thought and preparation goes into the decision. When people
come to see me for a free consultation, often they want to learn about
their rights, what they are entitled to, the procedures, and how to get
started. Knowledge is power!
I begin the consultation by listening, answering questions of concern and
by giving a brief overview of the three major areas which are as follows:
Property is divided into separate and marital property in New York State,
and there are different rules governing each of these. Property includes
not only bank accounts and real estate, but such things as businesses
and retirement accounts. Sometimes the couple has a prenuptial agreement
that determines what happens to their property in a divorce.
- Spousal Maintenance/Alimony
These are regular payments over time intended to rehabilitate a spouse
who has been out of the job market and needs help getting back into the
work force. This applies to both men and women today.
- Child Custody/ Child Support
Custody means the right to make decisions, and the time spent with each
parent is also included here. In addition, the law provides guidelines
for child support with various add-ons and exceptions.
Finally, during our consultation, I share that you can choose whether to
mediate divorce, negotiate the terms through lawyers, or go to court.
What many don’t realize is there are alternatives.
Most people when thinking of divorce, assume they will fight and go to
court, but today there are other less adversarial avenues available. You
should consider them all. Understanding all the options is not always
easy. As a divorce attorney/psychologically-trained mediator I can explain
how each path works and help you evaluate what will work best for you
and your family. I encourage clients to choose the best process for them.
I am available through the holidays to help you think through your divorce
process. Call me to schedule your
free consultation today 212.734.1551.
Have a Happy Thanksgiving!