DIVORCE CASES IN NEW YORK

No legal situation is ever easy. When families are forced to deal with their family matters in front of the court, however, these cases are taken to an entirely new level. If you are considering divorce or are pursuing another family law case, you may be faced with a multitude of questions that do not seem to have an answer. With the experience and education of a New York family lawyer from The Law Firm of Wayne F. Crowe, Jr., P.C., you do not have to be in the dark. Our firm’s attorney and our skilled legal team practice divorce law exclusively, which means that we have a comprehensive understanding of this subject matter.

Below, we have provided answers to some of the most common divorce and family law questions asked over the years. For additional answers, do not hesitate to call our firm and schedule a consultation with our knowledgeable lawyer!

What issues need to be resolved in a divorce?
There are many situations during a divorce case that will have to be discussed and handled by either the divorcing couple or the court. You will have to consider issues involving children, such as who will have custody and how much child support will have to be paid. You will also have to discuss issues of property division and spousal support. These issues can be highly emotional in nature and legally complex as well, and it is recommended that you work with a knowledgeable attorney who understands the law and has extensive experience with these cases.

What is the best approach to a divorce?
The question of what approach to take in a given divorce is entirely subjective. When you schedule a free case evaluation with our firm, we can help you determine the best way to handle any given situation that arises during your divorce and how to go about that process. For those spouses who are relatively amiable with one another, we may suggest an uncontested divorce. In other circumstances, a contested divorce may be best.

Why would I choose an uncontested divorce?
Uncontested divorces are ones where both parties agree to the terms of the divorce settlement without having to go to trial. This does not mean that these spouses never argue or dispute the terms of their divorce, but it means that they are able to reach an agreement without having to place their divorce in the hands of a judge. People prefer uncontested divorces because they move much faster through the court system and are less expensive as a result. When couples go through an uncontested divorce, they often experience less hostility towards one another and are able to move on with their lives more quickly.

How long will my divorce take?
While the exact time frame of a divorce is impossible to predict, there is usually anywhere from a zero to six month waiting period after the initial divorce petition is filed and served to the other spouse until the divorce will be finalized. If a judge makes a final judgment on your divorce before then, the order will be effective immediately. There are situations, however, when a divorce cannot be resolved amicably and it requires litigation or trial. These cases can take longer than six months to finalize.

What assets will be subject to division?
In a divorce, all assets that are marital property may be subject to division. Marital property is typically defined as the property that was acquired during the divorce. This can include the home, vehicles, furniture, electronics, bank accounts and other assets. New York is an equitable distribution state in regards to marital property, which means that property will not necessarily be divided equally. Only marital property will be divided by the court, and each spouse will get to keep his or her own separate property.

Separate property includes property that either spouse acquired before marriage, property either spouse received as a gift or inheritance, compensation for personal injuries to either spouse, or property characterized as separate property in a valid prenuptial agreement.

Is it possible to modify a parenting plan after the divorce has concluded?
Divorce laws were created with an understanding that life can have many curveballs and changes. When life changes occur after a divorce that may alter a parenting plan, it is an option to modify this order. You can file for a modification of your child custody or support order if it is no longer feasible.

DO YOU HAVE ANY FURTHER QUESTIONS ABOUT DIVORCE?

In many situations, you may have further questions that our firm was not able to answer. We have the legal knowledge and case experience to help you understand your circumstances in the right light. It is our firm’s objective to help you have a complete comprehension of each step and aspect of your case. We are prepared to help you in any way possible. Contact our team at The Law Firm of Wayne F. Crowe, Jr., P.C. for the honest answers that you need!