No one enters into a divorce lightly. It is an incredibly emotional and difficult process, made all the more complicated by the fact that it is legally binding. You need to be sure that you are making the right decisions for yourself and your family, and that’s where a good divorce lawyer comes in. Here are ten questions to ask a divorce lawyer like Ronald Phillips New York to help you make the best choices for your future.
1. What are the different types of divorce?
There are two main types of divorce – contested and uncontested. In a contested divorce, the parties cannot agree on all aspects of the divorce, and so they must go to court to have a judge resolve the outstanding issues. An uncontested divorce is one in which the parties have already agreed on all aspects of the divorce, and so they can simply file the necessary paperwork with the court.
2. What are the grounds for divorce in New York?
In New York, there are two grounds for divorce: adultery and abuse. Adultery is defined as having an affair with someone other than your spouse, while abuse is any form of physical or emotional abuse.
3. How will child custody be determined?
Child custody will be determined based on the best interests of the child. The court will consider a variety of factors, including the parenting abilities of each parent, the child’s relationship with each parent, and the child’s wishes if he or she is old enough to voice an opinion.
4. How will child support be determined?
Child support in New York is calculated using a specific formula that takes into account the income of both parents, the number of children, and the amount of time each parent spends with the child.
5. What are the property division rules in New York?
New York is an equitable distribution state, which means that the court will divide property in a fair, but not necessarily equal, manner. The court will consider a variety of factors, including the length of the marriage, each spouse’s earning capacity, and each spouse’s contribution to the marriage.
6. How long does a divorce take?
A divorce can take anywhere from several months to a year or more, depending on the complexity of the case and whether the parties are able to agree on all issues.
7. What is the average cost of a divorce?
The average cost of a divorce in New York is around $15,000. However, this can vary significantly depending on the complexity of the case and the amount of litigation involved.
8. How can I protect my assets during a divorce?
There are a number of ways to protect your assets during a divorce. You can, for example, set up a prenuptial agreement or keep your finances separate from your spouse’s.
9. What is the difference between alimony and child support?
Alimony is financial support paid by one spouse to the other, while child support is financial support paid by one parent to the other for the benefit of the children.
10. Can I get an annulment instead of a divorce?
An annulment is a legal decree that declares a marriage to be invalid. Unlike a divorce, an annulment effectively erases the marriage from existence.
By following the advice in this article, you can be sure to ask the right questions and make the best decisions for yourself during your divorce.
