Despite signing divorce papers, disputes can still arise after the marriage ends. Whether you have an ongoing dispute with your ex-spouse or you just need to make a few adjustments to the terms of your divorce settlement, you will need to work with a lawyer who understands these types of matters.
Disputes over the terms of your divorce can be frustrating and costly, which is why it's important to find a post-divorce disputes lawyer who has experience handling these issues. These attorneys can help you resolve any disagreements you have with your ex-spouse and work toward a resolution that is in your best interest.
The terms of your divorce may need to be adjusted due to changes in your or your former spouse's financial situation. For example, if one of you loses a job or you relocate to a new area that makes it difficult to visit your children, a modification petition will need to be filed to modify the original order. These modifications can be used to change the amount of child support you receive or increase or decrease custody arrangements for your children.
A post-divorce dispute lawyer can also help you address these issues by filing motions to enforce the divorce judgment or parenting plan. Enforcement actions can be necessary when a party is late in paying child support or maintenance, does not follow the terms of the divorce agreement, or does not provide adequate visits to the children with the other parent.
Even though you and your ex-spouse have signed divorce papers, you will need to deal with contested issues such as child support and custody of your children. These decisions can be incredibly emotional, so it's essential to have someone neutral involved when making these decisions. A mediation attorney can be a valuable resource during the negotiation process and help ensure that both parties are fully informed about what they're agreeing to.
If you have questions about any of these matters, contact our firm today to schedule a consultation.
If your divorce is contested, you will need to make sure that you keep your personal information out of public view. This is especially true if you have children with your ex-spouse.
There are a number of ways that you can protect your private information from being accessed by your ex-spouse or others. One of the safest ways to do this is to remove any accounts from social media or block any potential friends or followers on those platforms. Another option is to hire a forensic technician to look into your online activity.
A good therapist can help you address any holdover issues that may have resulted from your divorce. This will allow you to work through your emotions and find a way to resolve the conflict without causing further harm to your children or your ex-spouse.
Whether you are going through a divorce, or have been served with a divorce petition, if you live in New York City, there are many benefits to hiring an experienced NYC divorce attorney. These attorneys will guide you through the process and help ensure that you get what you deserve at the end of it all.
The first thing you should do is determine the grounds for your divorce. There are several options available, including an irretrievable breakdown of the marriage for a period of at least 6 months or more. A spouse can also file for a divorce on the grounds of irreconcilable differences, but you will need to provide evidence that this is true under oath.
In New York, the distribution of marital assets is based on what is called “equitable distribution.” This does not mean that it will be an even 50-50 split. Rather, the court will take into consideration all of the factors surrounding the marriage and the contributions of each party to determine what is most fair to both parties.
Another important component of an equitable distribution is that it will be done in the best interests of the children involved. This includes determining child custody, visitation, and spousal support. In addition, courts will consider the income and earning capacity of each party in calculating these payments.
A legal process known as annulment can be an appealing option for couples who have religious or cultural objections to divorce. It is only a temporary solution, and can be used if there are certain circumstances that would prevent an uncontested divorce from proceeding.
Often, the best way to avoid a contested divorce is to work with an experienced NYC divorce lawyer to explore mediation and other alternative dispute resolution options. This can help you and your spouse come to a resolution that works for all involved, while saving you money on divorce proceedings.
A common concern for people in a divorce is how much it will cost them. In New York, child support is calculated based on the guidelines set out by the state. This is often a more complex process than most people realize, as the court will be weighing many different factors in deciding what is best for your family.
You should also consult a NYC divorce attorney if you have concerns about child custody. Custody is divided into physical and legal custody, and can be sole, joint, or shared.
Your NYC divorce lawyer can also provide advice and guidance on alimony, which is a form of financial assistance awarded to one spouse during a divorce. This is often intended to encourage one spouse to return to the workforce and get their finances back on track after a divorce.
In addition to alimony, both spouses may be entitled to receive maintenance (also known as spousal support) from their former spouses. This is a type of support that helps pay for necessities like food, clothing, and shelter while the case is ongoing.
There are a variety of ways to divorce or end a marriage. Each one has its own set of requirements, issues and challenges that need to be addressed. It is important to know which type of action will work best for you and your family so you can get the help you need.
The first type of action you need to consider is whether you are filing for a divorce. If so, you should meet your state’s residency and grounds requirements. You may also need to provide evidence that you are living apart from your spouse for a certain period of time before filing the divorce.
Another option is to get a no-fault divorce in which you and your spouse agree that the marriage has irretrievably broken down. You do not have to prove that your spouse cheated on you, but you should still be ready to explain why the relationship is over.
No-fault Divorces are a common way to end a marriage in many states. They allow you to file for divorce without blaming your spouse, and they make the process faster and easier.
You can file for a no-fault divorce if you and your spouse have lived separate and apart for at least a year. If you do not have a separate residence for this length of time, you will need to get a separation judgment from the court.
Other types of action include a divorce based on abandonment, where your spouse leaves the house for a specific amount of time. This can be a very bad situation, so it is important to talk to an attorney before pursuing this ground for divorce.
Abandonment can be physical or mental, depending on how it is done. In New York, the legal definition of abandonment is: "The Defendant physically departs or fails to return to the Plaintiff's marital home, without any reasonable expectation that the Plaintiff will reclaim the home."
If this happens, it is considered a grounds for divorce. If the Defendant lives in the state, the papers for the divorce can be served by mail, telephone or hand-delivered by a lawyer or clerk of court.
The Defendant must be physically present in the State to receive service of the divorce papers, or alternative service arrangements can be made if the Defendant cannot be found. This is called alternative service and can be obtained through the Supreme Court Clerk's Office.
There are also some exceptions to this rule, if your spouse is a convicted felon and the criminal conviction was filed after the date of your marriage. If this is the case, the judge can grant a divorce even if the criminal conviction is contested.
A no-fault divorce can save you from an expensive and contentious trial, but it is important to remember that it does not automatically mean your case will go smoothly. There are a number of factors that can affect the outcome of your case, including whether or not there are children involved.
Law Office of Richard Roman Shum, Esq., PLLC
20 Clinton St #5d, New York, NY 10002, United States
(646) 259-3416