Last Updated on: 18th August 2023, 09:25 pm

The Toll That Comes with Divorce: Here’s Why You Need Todd Spodek

Listen, I know separating from your spouse is a tough pill to swallow; it’s emotional, it’s financially draining, and it can feel like one hell of an uphill battle. Trust me, without seasoned legal representation like Todd Spodek, this feels much more challenging than it has to be. So, let’s say you see divorce coming or you’ve been given the dreaded divorce papers, here’s my advice to you, my friend. It’s absolutely crucial to have a Brooklyn divorce attorney on your team. With Todd Spodek by your side, you’ll receive the guidance you need to handle these rough waters and secure the best possible result in your case.

Spodek Law Group: From Woe to Winning

Between you, me and the lamppost, divorce is a tough journey no one wants to embark on. This is precisely why we at the Spodek Law Group are here committed to covering your six. Our pack of experienced divorce attorneys are battle-ready to help you face the situation with your chin up and guide you every step of the way. Our many years in the legal trenches ensure we’ll stay toe-to-toe with any challenge to secure the best possible outcome for your case.

Take it From Me: Invest in Peace of Mind

Sure, you might think you’re tough enough to handle your divorce on your own. But believe me, an experienced divorce attorney like Todd Spodek is worth his weight in gold. It’s more than just having someone to talk to; it’s about championing your interests, keeping the legal jargon at bay, and exploring alternative paths for resolving conflicts. Having Spodek in your corner gives you a welcome assurance that your case is headed in the right direction.

Prepping for Litigation: No Holds Barred

Let’s cut to the chase here: divorce isn’t always amicable, and there may be situations where negotiation isn’t on the cards, and litigation is the only way to go. If your divorce proceedings are headed towards the New York Family Court for litigation, you need a Brooklyn divorce attorney who knows the ropes and is ready for battle.

The takeaway here? Ensure you comply with every blinking procedural requirement that court might throw your way. In doing so, you can square off against your spouse – who’s likely to be strapped with their own divorce lawyer – on an even footing.

Divorce: From A to (Hopefully Soon) Z

Here’s the rundown on how the divorce process stacks up in New York. It all kicks off when one spouse files a divorce petition in the family court. The court sends off a process server like a homing missile to deliver the petition to the other spouse, who gets the chance to respond.

But let’s say the spouse either doesn’t respond, flat out refuses, or does a Houdini and can’t be found, well, that’s when the gears shift. In such cases, the judge may bang the gavel and grant a summary judgment in favor of the petitioner. That’s right, the divorce gets decreed even if the other spouse can’t or won’t have any input in the proceedings.

As for how long this whole circus might take, it varies. For an uncontested divorce, where both parties are in full agreement, have minimal assets to squabble over, or don’t have kids, it can wrap up in as quick as a month and a half. But, let’s be honest, for the more complex, teeth-gritting cases, things could drag on for months or – as this statistic shows – even years.

Facing The Music and Winning

You can agree that divorce is the pits. But hey, with an experienced Brooklyn divorce attorney like Todd Spodek in your corner, you can turn this storm into a sunny day. By collaborating and negotiating constructively, you can significantly speed up the divorce process and sail smoothly into the new chapter of your life. Now you can agree, that sounds like just the kinda silver lining you need, right?

Brooklyn Divorce Attorney FAQ

When’s the Best Time to Opt for Custody?

Listen, divorces get messy, particularly when kiddos are in the mix. Pondering over your ideal family setup before you file for divorce can save you a lot of sleepless nights. We’ve got a few varieties of custody – sole, primary, and joint. In sole custody, the child stays with one parent, primary custody allows one parent to take the wheel, and in joint custody, both parents work together.

Normally, you set your custody agreements during the divorce negotiation. Unless there are fears of danger or abuse involved, you could then just make your way to the court and request a temporary custody order. Here’s some detailed information about these child custody issues from the U.S. Department of Health.

What’s This Uncontested Divorce Thing?

Imagine a breakup where both individuals roll with the same issues, like child custody or alimony. That’s an uncontested divorce. Now if you’re lucky, this can be a walk in the park. It might become like a Game of Thrones episode if you’ve got assets to split. In case things get horrible, you might want to tag in a divorce attorney from Brooklyn, like Todd Spodek from the Spodek Law Group. They might be the expert you need to dish out advice on issues like property division, spousal support, and all the complicated stuff.

By the way, mediation or collaborative divorces can be less stressful for everyone. Check out more about collaborative divorces and divorce mediation here.

Can I Just Get a Separation?

Legally separating is like taking a break. You aren’t staying together, but you still hope to sort things out down the line. It’s like a relationship limbo where you’re married but live separately and decide on things like expenses and who the child stays with. This can work well in some situations, but it might be smart to have a chat with a Brooklyn divorce attorney like Todd Spodek to explore your options.

How Much is a Brooklyn Divorce Lawyer Gonna Cost Me?

Well, how much does a Ferrari cost? It depends, right? Your case determines what you pay your divorce lawyer in Brooklyn. And no, you can’t do it alone. You need a seasoned professional like Todd Spodek in your corner, ensuring that your spouse isn’t twisting your arm. In the long run, hiring a divorce lawyer could pay off big time.

Can I Get This Marriage Annulled in Brooklyn?

Sometimes you can, given that certain conditions are met – like if your spouse’s ex is alive, or if one or both parties were too young. It’s necessary to get some advice from a Brooklyn divorce attorney to know if annulment is even an option for you.

Where Do I File for Divorce in Brooklyn?

Look, the reason for your divorce decides where you will file. The spouse being absent for a year, for example, means you use abandonment grounds. It needs to be three years if imprisonment is your reason. If it’s a no-fault ground, someone has to swear under oath that the marriage has been over for at least six months.

When Will This Divorce Fracas End?

Well, you’re stumped if you can predict that. Brooklyn divorces take their time, more so if one person wants to slog it out. Ending a marriage is emotional, so, needless to say, it takes time. You might avoid going to court, but let’s be realistic here.

When Can I Start Seeing Other People?

Except for no-fault grounds, if one of you doesn’t want to divorce, they must do everything possible to stop it. If they pull it off, no divorce will be granted. So, before you jump back into the dating pool, it’s good to know where you stand legally. Check out this piece on HuffPost for more on getting back on the dating scene after divorce.

Considering Mediation for Your Divorce? Here’s the Juice!

Ditch the courtroom drama! Ever felt a traditional divorce process is a battle you’re not sure you want to be part of? Well, you’re not alone! More New Yorkers are turning to mediation as a harmonious, less turbulent route to end their marital ties. Mediation involves an unbiased professional, usually a seasoned family law attorney, who guides you and your ex-spouse as you iron out the details of your divorce sans the court stress!

Making strides towards a joint agreement! Picture this; you’re seated with your soon-to-be ex-spouse, hashing out the terms and conditions of your divorce. Your mediator steers the conversation in the right direction, ensuring things don’t veer off course. And hey, if you’re worried about any legal jargon thrown your way, they’ve got that covered! It’s not compulsory to bring your lawyers to these sessions, but hey, having an experienced Brooklyn divorce attorney from the Spodek Law Group makes the ride smoother.

Pairing Up With a Legal Gladiator: Making Your Divorce Easier

Thinking of whether or not to hire a lawyer? Well, whether you pick mediation or decide to go with litigation, the right legal representation could be the game-changer. Sail through the arsenal of questions on property division, child custody, alimony, and protection orders, with an experienced attorney from the Spodek Law Group at your corner.

We’re not just about competent representation but making your journey through the divorce labyrinth smoother and quicker. Feel free to drop a line and schedule a consultation with our attorneys today!

A Helping Hand in Your Divorce Journey

The Emotional Whirlwind of Divorce.

We don’t have to sugarcoat it, do we? Divorce can toss one’s emotions into an unwieldy storm filled with stress, pain, and heartache. But remember, you don’t have to walk the path alone. That’s where the Spodek Law Group, Brooklyn divorce attorneys, join the picture to give you a hand navigating this challenging phase.

Our Offer to You: Guided Assistance Through Your Divorce.

If you and your spouse have decided that it’s time to take separate routes, then speaking with a qualified Brooklyn divorce attorney is a great starting point. With us at the Spodek Law Group, we provide a no-risk consultation to guide you through the divorce process.

Starting from initiating a divorce petition at the Brooklyn divorce court to the winding road until the divorce decree, having a competent attorney can make the journey less daunting.

Deciphering New York Divorces

New York has two forms of divorces: contested and uncontested. In a contested divorce, either party might want to hit the brakes on the divorce or disagree with some of the terms on the table. You can think of this type of divorce as the longer, more expensive route.

Alternatively, think of an uncontested divorce as a simpler, agreeable route to a divorce. In this case, both parties agree to part ways and on the terms of the divorce- no dirt slinging needed.

Are You Eligible to File for a Divorce in Brooklyn?

For you to file a divorce in Brooklyn, you have to fulfill some basic residency requirements stated in New York law, which could range from one to two years, depending on certain factors.

Your Divorce Guardian Angel: Why You Need a Brooklyn Divorce Lawyer

Whether it’s a contested or uncontested divorce, you’ll want a seasoned Brooklyn divorce lawyer on your team. With Spodek Law Group on your side, you can confidently wade through complex issues like property division, child custody, and spousal support.

While some might decide to let one spouse have an attorney, representing yourself isn’t a good idea if you want your interests safeguarded.

Wrap Up

Divorce is often a bitter pill to swallow. But with the right legal representation and the support of family and friends, the process can be significantly more manageable. The Spodek Law Group is here to see you through the journey, making the divorce chapter something you can close and continue with life. Let’s navigate through this storm together!

Reconciling After a Custody Order: Key Facts to Keep in Mind

While the majority of couples who begin divorce proceedings follow through until the divorce is finalized, some couples find during the proceedings that they want to reconcile. However, in many instances, the court has already completed and approved much paperwork associated with the divorce, including custody orders. While it may seem that these orders would be automatically voided upon reconciliation, it’s not always easy. If you find yourself with a custody order already in place, yet you have decided to go back to your spouse, here are some key facts you will want to keep in mind.

Marital Settlement Agreement

When couples divorce, they usually sign what is known as a Marital Settlement Agreement, commonly referred to as an MSA. Summarizing such aspects as the length of the marriage, property obtained by the couple during the wedding, and other agreements such as child custody and visitation, this agreement is considered a binding court order once both parties sign it. Therefore, even if the couple decides to reconcile or even remarry, that does not necessarily mean the agreement is automatically terminated. Instead, the court may temporarily uphold parts of the original deal, perhaps for several months, until it is clear the couple is indeed reconciled. Once this is established, they can petition the court to have the MSA and any parts of it, such as child custody orders, rescinded.

A Legal Contract

Once a custody order is in place, the court views this as a legal contract between spouses. As a result, for the warranty to be voided, both parties generally have to agree to it, then petition the court for the agreement to be null and void. However, it’s important to note that if the court voids the deal, the couple decides to stay separated or proceed with the divorce; the entire divorce process must start again. This will take a significant amount of time and money, so it’s vital to make sure any reconciliation decisions are made so carefully.

Leaving the Order in Place

In most of these situations, attorneys for both spouses will highly recommend the custody order be kept in place during a trial reconciliation. By doing so, you will still have Plan A to fall back on should the reconciliation not work as well as expected. Unfortunately, many people let their emotions carry their thinking during this process and choose to ignore their lawyer’s advice about leaving the order in place. As a result, if the reconciliation doesn’t work, no custody order will be in place. Therefore, you will have to renegotiate the terms of the agreement, which may lead to changes you won’t like. By working with a family law attorney who has experience dealing with couples considering reconciliation, you will have an experienced, knowledgeable, and objective legal professional by your side, making sure the legal rights of you and your children are protected every step of the way.

Motion to Set Aside

To ensure you don’t have to still abide by specific terms of a custody order, your attorney will have to file what is known as a Motion to Set Aside, which will ask the court to proclaim the custody order is no longer in effect. However, this can get tricky, especially if tensions run high during the reconciliation. For example, suppose your spouse gets angry at you and decides against the reconciliation. In that case, they may either attempt to have the previous custody order put back in effect or instruct their attorney to negotiate new terms far different from the original agreement.

Postnuptial Agreement

Like a prenuptial agreement, a postnuptial agreement is growing in popularity with today’s couples, especially those seeking reconciliation. With this agreement, concrete terms can be laid out regarding future child custody details and other issues, such as the distribution of property and other assets. Looked upon favorably by the court as a good-faith gesture from both spouses, this will allow you to take the reconciliation slowly, knowing you have terms in place regarding custody should the reconciliation fail. While some couples attempt to construct these agreements independently, it’s always best to consult a skilled family law attorney who can ensure the language contained in a postnuptial agreement will protect your parental rights as they pertain to custody.

Consider Your Child’s Emotions

When parents attempt reconciliation, the process can complicate a child’s emotions. This is especially true if the separation and divorce proceedings have been contentious, leaving the child feeling insecure and distrustful. Because of this, it’s always best to proceed slowly in these matters while reassuring your child that nothing will be their fault, whether you and your spouse stay together or not. Since your child will naturally feel confused during this time, many attorneys and courts often recommend family counseling as an additional tool to help keep the family together.

Rely on Your Attorney

Even though you feel you may know what’s best during this tumultuous time in your life, always rely on your attorney’s advice regarding custody orders. By doing so, you’ll know that your legal rights are protected no matter what transpires.