NYC Divorce Lawyers
The Spodek Law Group is a premier NYC divorce law firm, ready to assist you with all of your legal needs. At the Spodek Law Group, we understand that facing a divorce can be a dreadful experience. Having the wrong attorney can make it even worse.
We know that going through a divorce is not an easy feat. Every aspect of your life is impacted by the divorce proceedings. Your health is the first thing to be impacted, the emotional drain of a divorce can be devastating. We empathize with what you’re going through, and know that you need an attorney whose unafraid of using aggressive strategies – if necessary, in order to protect you and your rights.
If you’re about to start a contested divorce, now is the time to speak to a competent NYC divorce attorney who can help you.
Divorce cases can take forever
There’s several reasons why a divorce case can drag on. If you and your spouse agree on all of the issues, then you have an uncontested divorce. This is an ideal situation, because the divorce is just a legal formality. Many states offer a fast track divorce, which is also known as a simple divorce, for people with no children, limited assets, etc. If the couples meet the requirements for a simple divorce, they can finalize their divorce in a matter of weeks or months. On the other hand, a divorce can take much longer, and become more costly, if you and your spouse disagree about the issues in the divorce.
- Child custody and child support are major reasons why divorces take forever – questions about where kids will live, who will pay support for the kids, and how much support is appropriate
- Alimony – whether either spouse is really entitled to spousal support or not
- Division of property and debt – which spouse gets what
If both you and your spouse agree on all issues, the divorce proceeds seamlessly. If you disagree, then the case will take much longer to finish. Each contested issue in the divorce has to be investigated. If you and your spouse complete the discovery, and cannot resolve your issues, then you’ll have to go to court hearings, and even a divorce trial. All of this adds time to the divorce process. The more legal issues you can work out with your spouse, the faster the case proceeds. It truly is that simple!
The divorce process has phases
The divorce process consists of many events which happen in a predetermined timeframe. For example, once a spouse files the petition, there’s a 30 day period within which the other spouse is allowed to file the response. After that, there’s a divorce discovery process where you and your spouse exchange financial documents and other info relevant to your case. This takes an average of 60-90 days. It’s not unusual for the court to extend this period if it needs more information. Courts prefer it when couples resolve their differences on their own. It’s typical for courts to schedule a conference where divorce attorneys can help you resolve your differences. If it’s unsuccessful, a court may also order a meditation in order to resolve the issues at hand.
What are factors that prolong the divorce process?
There are certain things which can prolong the divorce process.
Motions and hearings: One example of this is when a spouse seeks temporary support, for themselves/children until the divorce is finalized. The spouse who is requested the support will file a motion to have the court determine if support is needed, and if so – how much. The other spouse then has a certain amount of time to file a written response to this request. Usually, the filing spouse is given an opportunity to reply. It can take a month or more for the court to decide a motion. Motion for temporary custody, or parenting time, etc, may require a hearing where the spouses and other experts will testify.
Spouse with a vendetta: Many spouses have an axe to grind against the other. They take a combative attitude, or their attorney does. Bitterness is a by-product of a broken marriage. It’s not unusual for this to result in the divorce taking forever. The bottom line is, being combative can drag the divorce on. This is not a good idea, because the longer it takes – the higher the attorney fees pile up.
What will my divorce lawyer do?
Your divorce lawyer has several tasks he or she is going to take care of, such as drafting paperwork, filing documents, and managing deadlines. You aren’t required to know the laws of your state, your NYC divorce lawyer is. Your experienced NYC divorce attorney will take care of your divorce and help you with all of the issues you face. Your only job is to sign documents, provide facts and information about your legal situation, and respond promptly to your divorce attorney.
Your first divorce consultation is at your lawyer’s office. At the first meeting, your attorney will ask you questions, listen to your case, and walk you through the divorce legal process. Most attorneys will give you divorce forms to fill out during, or after, the first meeting. Your divorce attorney will explain the “strategy,” for your case. Some people want an attorney who will be aggressive, while other people want to play a bigger role in the process and tell the attorney what to do. For example, if you and your spouse are still on good terms, it’s important to work with your spouse and compromise where possible. It also means, you want your attorney to work collaboratively with the other side, instead of fanning the flames of war. Mediation, or collaborative divorce, may be correct for your case – especially if there’s a chance you and your spouse can agree on big issues like alimony, etc. If you know your spouse is going to fight you every step of the way, or if there’s a history of domestic violence, then it’s good to have an aggressive divorce lawyer who understands your situation. Ultimately, your divorce attorney’s strategy will depend on the circumstances of your exact case.