A couple’s marriage is a legal contract. Divorce is the legal process by which a couple terminates this legal contract, thus ending the marriage. There are many things involved in a divorce. Dividing up property that both of the spouses own in the marriage is one example. A decision must be made on who is responsible for debt accumulated during the marriage. It will also determine whether one spouse will pay living allowance money to the other, known simply as spousal support or alimony.
Where there are children, the process of divorce is more complicated and includes settling issues such as where the children will live, how often the non-custodial parent may visit the children, and how much monetary support each parent should pay for their care.
Family law issues or cases are very personal; they can be emotional most of the time because of the nature of the relationships involved. An insightful and fair-minded family law lawyer will help you reduce unnecessary stress and achieve a legal outcome that benefits you and your children.
What Does a Divorce Lawyer Do?
A divorce lawyer protects his client’s rights and takes care of the associated custody and financial issues of divorce. Above all, a divorce Lawyer will explain the law and available legal options to a person.
They should go through your situation and all the relevant documents, such as paycheck stubs, tax returns, and property value information. Basically, it is necessary that they listen to the client’s account of the situation and their objectives and advise accordingly.
Divorce lawyers create a marriage settlement agreement outlining child custody, asset division, and other terms. A divorce can end with both emotional and legal consequences. There are also strict legal requirements regulating everything, so the divorce process can be very confusing, particularly without legal representation.
Do You Actually Need a Divorce Lawyer?
There are a lot of reasons people decide to hire a divorce Lawyer. First, divorce lawyers know how to present a case to the judge and see the big picture to find the best deal for the client. Secondly, divorce lawyers can provide options that people might not have otherwise thought were available. Their anticipation of the result, suggesting settlement options, and putting together a settlement proposal comes from their past experience in similar cases. Divorce procedures often involve bundles of paperwork, months-long waiting periods, and filing multiple forms.
In these circumstances, the extent of the lawyers’ involvement in a divorce depends on the couple’s situation, including whether they have children, property, or large retirement accounts.
The more work a lawyer has to do, the more expensive it will be.
Do Both Parties Need a Divorce Lawyer?
If you and your spouses are able to get along and be relatively cordial with each other, then one divorce lawyer can adequately guide you through your divorce proceedings. This scenario often applies in many ‘no-fault’ divorces.
However, in cases where fault can be proven or contentious divorce battles are likely to ensue, hiring an experienced divorce lawyer to represent each spouse is highly advisable. Not only will such a negotiation between professional legal counsel prove much more efficient, but this route may also eliminate some of the emotions associated with acrimonious divorce proceedings. Most importantly, because most divorce matters demand high-stress levels, a divorce lawyer helps to serve as an objective third party in helping to keep clients level-headed while working towards the best resolution possible. Chances are that people with children or a lot of assets will be more likely to require the services of a lawyer, whereas two people who have minimal and similar assets will likely not require the same amount of help.
Tips on How to Find a Good Divorce Lawyer in Queens, New York
It is important to follow the right steps to find a good divorce lawyer in Queens, just as you would for many other services.
1. Decide what kind of divorce you want
There are many reasons why couples come to the conclusion to formally split up. Sometimes, the decision is amicable; other times, it leads to hostility. Sometimes there are many varied assets that must be factored into the equation; other times, there aren’t. Your living situation or relationship status with your spouse might impact how very differently things will go.
Take time to look into each method and choose an avenue you feel will best help you.
This helps you find the best lawyer, as most specialize in specific divorce processes.
For example, if mediation is the way you want to end your marriage, then you can look for a lawyer who practices mediation.
2. Have a budget
Many people know that lawyers might be quite expensive, and yet it is not always true. It might cost a bit, but choosing wisely can save you more money and property in the long run.
Only then, after knowing how much you are able and willing to spend on a case, will you be able to go on an efficient lawyer search by targeting those lawyers who will make the most sense within your price range.
3. Referral from friends or family
With the type of divorce identified and a budget in mind, you can start looking for an appropriate Lawyer. Start with friends and family, as they might have gone through the divorce process or know a lawyer experienced in handling such cases.
If you know any lawyers who aren’t divorce lawyers, they will likely personally know at least one or two family law/divorce lawyers in Queens whom you can immediately contact.
4. Search the Web
If you’ve already used all of your friends and family’s advice and still can’t find a good lawyer, there’s no reason you can’t use the best resource of all: the Internet. But how do you choose a divorce Lawyer from huge listings?
Try entering ‘best divorce Lawyer near me’ or ‘top divorce lawyer near me’. Though the number of lawyers you will come across after conducting a simple search on Google can be overwhelming, adding the search query to the divorce process you seek will give you results of lawyers specializing in that area.
Are they experienced in the type of divorce law you’re looking for? Do they have a track record of success, and are they compassionate? These questions, which may have answers online, can help in your decision to select the right Divorce Lawyer.
5. Develop a Question List
Personally meet with shortlisted lawyers or talk over the telephone. Having a real interview with the lawyer can clear your doubts about whether they are suitable for your case.
Before the call, list your questions and carefully address each for all the necessary information.
Prepare a list of questions in advance so you get all the information to help you make an informed decision.
Examples of divorce questions for a lawyer may include:
- How long have you been in practice?
- What type of divorces do you usually deal with?
- Who is your typical client?
- Have you worked on any cases like mine before?
6. Schedule a Consultation
Once you have a list of names, schedule initial consultations with each prospective lawyer. This way, you get to meet the lawyer and discuss your case results directly.
During the consultation, ensure they are competent, respect your concerns, and explain the legal process in plain language.
7. Consider their approach to divorce
Different divorce lawyers approach divorce cases differently. Therefore, some will fight, while others will seek amicable solutions that work for both spouses.
Consider what approach would work best for you and your situation. Should you have a complex case with so many assets to divide, you will need a lawyer to aggressively fight for your rights.
On the other hand, if you have children and want to lessen the effect of divorce on them, you should go for a lawyer who will approach your case more collaboratively and thus help you negotiate a fair settlement.
8. Check out their fees
Do not hesitate to ask the lawyer about their the fee structure and what is included in the fee. Check for any ‘hidden’ expenses, like court filing fees or witness costs, that the lawyer might incur. Some lawyers have a flat rate fee and others charge by the hour. You should consider the lawyer’s expectations, as this is an important factor.
9. Listen to your gut when choosing your divorce & family law lawyer
Perhaps some of the most effective divorce lawyers are going to be distinguished based on several different factors. An effective way to discover which lawyer is better is to trust your gut.
It is also essential for you to seek lawyers who have dealt with situations similar to yours.
Know the Divorce Requirements for Your City
New York is a no-fault divorce state. No-Fault Divorce State means you do not have to give a valid reason (e.g., adultery, abandonment) for filing for divorce but instead sign under penalties of perjury that your marriage is irretrievably broken or otherwise legally acceptable grounds. I.e If at least one spouse asserts that the marriage has irretrievably broken down for a period of not less than six months, then they can apply to file for a divorce.
Divorce by Fault: The New York Family Court, like many other states as well, also recognizes divorce among couples based on a series of grounds (adultery, cruelty etc).
In New York, the court must treat both parties equally, regardless of who files first.
Filing for divorce first gives you minor benefits, such as having some say in scheduling the first court date. Nevertheless, these benefits stand small compared to the reasons underlying a decision whether or not to file for divorce.
Property Division in a New York Divorce
New York follows the law of equitable division with respect to marital property. This means the law requires dividing all property (with gifts and inheritance as possible exceptions) that you or your spouse earned during this time equitably. ‘Equitable’ does not mean equal distribution; the court decides what is fair based on all the facts and circumstances.
Can one party not having an income (or being the sole custodian of the children in a divorce) justify awarding something like valuable real estate to help them get on their feet without alimony?
The division that the court settles on depends on several factors.
Settle Fairly: Get a Trusted Divorce Lawyer in Queens Today
A good divorce lawyer in Queens can ensure a fair split of assets instead of leaving you with barely enough.
Ensure you contact a great lawyer who is invested in your case and is skilled enough to help you achieve your desired objectives.
