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Going through a divorce is like forcing yourself to gulp down a bitter pill, and you’re bound to be under a lot of stress and pressure until it is finalized. The last thing you want is to be stuck in the divorce process, hence the reason divorcing couples often wonder how long a divorce takes in New York.

No two divorces are the same, and this makes determining the duration hard to speculate. However, some pointers might give you an idea, such as contested and uncontested divorce. In case you’re not familiar with any of these terms, we’ll explain.

Contested divorce

In a divorce where you and your soon-to-be-ex disagree on almost everything, such as child support, child custody, spousal support, and even the division of assets, then this will lead to a long heated divorce.

When you can't work out issues amicably amongst yourselves, your attorney and the court will step in to decide on your behalf.

Uncontested Divorce

It is the direct opposite of a contested divorce since you and your spouse can agree through other means other than the court’s intervention. There is often no need to hire an attorney. Unlike a contested divorce, uncontested divorce is pretty fast and ensures that both move on with their life as fast as possible.

Not only does this make the divorce process smooth and fast, but it also saves both couples money.

No-fault vs fault divorce

During a divorce action in New York, one party has the opportunity to allege fault on the part of the defendant and then prove it in court. Although this might be a good call for the wronged spouse, this kind of divorce takes a considerable amount of time. Another factor that determines how long divorce in New York lasts is assets.

Substantial assets

If there is an asset being disputed, like real estate, retirement benefits, and so on, it might take time since assets have to be appraised and attached to a numerical value. No doubt, this process consumes time and prolongs the divorce process.

In a nutshell

A contested divorce in New York can last about 9 months to a year. As already stated, a lot of factors come into play when determining the duration of the divorce. There have been numerous cases where the judge took years before finally signing the divorce.

For an uncontested divorce, it can take 3 months or less, except there are other factors that might play out, like the division of large assets. Before you go-ahead to file for a divorce, it will be in your best interest to work with one of the best NYC divorce lawyers. Feel free to give us a call, or perhaps fill our contact form.

 

Losing a part of yourself in a divorce is tough and could break even the strongest of people, but what hurts most is not being able to spend some time with your kids once the divorce has been finalized. Having a visitation schedule for divorced parents prevents quarrels over who has the kids at any specific time. This way, you get to see your kids when due with no resistance from your spouse.

A holiday visitation schedule is simply a timetable or a routine that stipulates which parent has custody of the kids for an agreed time during a holiday. A good holiday visitation schedule for divorced parents shares holiday time so that both parents can spend some time with the kids.

Types of holidays on a visitation schedule

Although every holiday, whether lengthy or short, should be included in the visitation schedule. However, some standard holidays can never be overlooked, such as:

Religious holidays like Ramadan break and Thanksgiving weekend; Christmas and new year holiday, and winter break.

Some visitation time should be divided when it's time to celebrate the birthdays of both the children and the parents. Some days are special to both children and parents, such as Mother's Day and Father's Day. Thus, the days should be considered as being part of the visitation schedule.

A holiday visitation schedule should also include weekends that last up to three days. These holidays include Martin Luther King Jr Day, Memorial, and Labor Days, among others.

How to Schedule Time for Holiday Visitation

Some holidays can be scheduled for divorced parents to spend some time with their children, and most of these holidays have been highlighted above. The tips below can help in scheduling visitation time during the holidays. 

It applies to holidays that are a bit lengthy. The duration of the holiday should be split in half so that the kids spend one half of the holiday with one parent and the other half with the second parent.

Assigning a fixed holiday for a parent is advisable because there is certainty over who gets to visit during which holiday. This way, there are no disputes over whose turn it is to visit.

If one parent visits during a holiday (say Thanksgiving) this year, then the other parent should get the time to visit during next year's Thanksgiving holiday. That ensures that the kids share the same holidays with different parents as the years go by.

A good holiday visitation schedule should put into consideration the amount of time each holiday has so that the time could be divided equally to avoid any grievances from either side of the parents and children.

Need expert advice or guidance in preparing your holiday schedule? We've got you. Go ahead and give us a call, or perhaps fill the contact form.

 

Being divorced can make one lonely and depressed, especially during the holidays. Instead of seeing the holidays as a challenge to get through, you should perceive it as an opportunity to explore other things that will benefit you.

As a divorcee, you may be deprived of the messages and well wishes that come during the holidays. The immediate environment and society do not help issues. You will find adverts and magazines in large quantities displaying happy couples and homes on every corner of the street. Your mind becomes filled with negative thoughts and emotions, which in the long run will have detrimental effects on your mental health and general wellbeing.

On the contrary, there are many things you can do to immunize yourself against these bitter experiences. As a divorcee, there are certain things you need to avoid. In the subsequent paragraphs of this article are the things you are to avoid to make your holidays memorable.

Don't subject yourself to self-pity

Self-pity can be extremely dangerous to your health, particularly your mental health. It denies you inner peace and strength. Self-pity makes unhappiness and loneliness the central theme in your mind. If you continue to wallow in it, your interaction with other people around you is likely to suffer significant regression.

The fact is, you can deal with it. Having your children around can help you greatly in combating the inflicting pains of self-pity. You necessarily do not need them around to give you pleasant memories. 

Knowing that they are happy and safe is enough reason for you to be happy. If you haven't had any child before getting a divorce, get dressed and have some fun at the cinema or in a restaurant. If other people who had gone through divorce survived self-pity, you could escape it too.

Avoid negative people and negative environments

Who are those you have around you? What are the things trending in your environment? Do you relate with positive or negative people in society? Are the customs and norms in your environment healthy enough to accommodate divorce? Are divorcees stigmatized and traumatized in your society?

If negatively oriented people surround you, your wellbeing and health will suffer at the expense. It is good that you avoid such unpleasant people and environment.

Don't let your ex's new life get in your way

You don't have control over your ex's lifestyle after you are divorced. When it's time for your former partner to go out with the children, don't get in the way. Don't deny your ex the opportunity to move on. Developing undesirable energies and thoughts against them will do you more harm than good. So, let them go.

When your ex celebrates the holidays in glowing colors with a new partner, don't feel bad. Seek better life, too.

Avoid Hard Drugs

Hard drugs seem to be the perfect antidote for loneliness and depression, but that's very wrong. Hard drugs are dangerous, and you should avoid using them. Most divorced persons tend to abuse substances as well. 

They consume alcohol excessively, and instead of water, take vodka every minute. Instead of abusing substances and drugs, go to the gym and exercise more.

You are not in this mess alone. We are with you, too. So, if you think you need further help to help you stay conscious and alive during the holidays, feel free to give us a call, or perhaps fill our contact form.

 

So, the holiday is almost here, and you find yourself unable to stand your spouse another minute, talk of going through another superficial dinner with your in-laws who might be ignorant of what you're going through?

You need out. As soon as possible, right? But before you take that leap, take a deep breath and weigh your options. The reason you need to step on the brakes is that good thing comes to those who wait, especially if it entails divorce as the holiday approaches.

Here are some reasons why you should delay divorce until after the holiday.

  1. A stressful time of year

Divorce is a daunting experience, and going through it during the holiday is enough to make you scream in frustration due to how stressful the holiday season can be. To not compound your issue, it is best to permit yourself to wait until the holiday is over. Let the holiday help you prepare for what lies ahead, not make it more stressful than it is already is.

  1. Expensive

If you have no reason to delay your divorce till the holiday, the expense should be big enough to change your mind. As you might already know, this time of the year is expensive, and adding divorce to the equation will only make matters worst. The reason is glaring - you will be hiring an attorney, a mediator, and even paying for your divorce papers to be drafted and filed. All these cost money, even more during the holidays.

  1. Memory imprint

If you go through your divorce during the holiday, you’re imprinting the event in your memory and that of your children. It becomes a trigger, almost like an anniversary where you’re constantly reminded of the event on every coming holiday. Not only will this be upsetting for your mental state, but the announcement will also affect your children profoundly. Wait it out, and drop the bombshell after the holiday is over. 

  1. Taxes

Another reason worth delaying your marriage till after the holiday is keeping your documents neat by filing for divorce in the new tax year. You may not know this, but it will go a great length to help you and your spouse to divide assets or perhaps, file independently in the future.

  1. Emotional time of year

Holidays bring with it a plethora of feelings and emotions, and it is best not to push yourself too hard to avoid making any mistakes. But if you’re adamant and insist on pushing through the divorce, you might find yourself eating away your worries, which will likely take away the magic of the holiday and make everyone around concerned.

We are committed to helping you go through this painful process, and it will be in your best interest if you have access to expert counsel. Give us a call or perhaps fill our contact form to begin.

 

If you have kids and you’re going through a divorce, you probably have thought about child support. Every state in the US has a formula for calculating how much child support is paid, and judges use this formula to eliminate any question of unfairness to ensure a smooth transition for both parties involved.

Although child support is paid to the child’s primary caregiver, note that it is the right of the child. In most states in the US, child support is paid until the child has reached the age of 18 or perhaps finishes high school. Some states, however, require child support to continue through college. 

Here are some determinants that influences the amount of child support:

Income of parents

The biggest factor that determines the amount of child support is the income of both parents, especially that of the noncustodial parents. At the start of the case, both parents will have to submit the following in court:

In a case where a parent is self-employed, the court will review the returns on taxes to effectively determine income.

Paying parents can’t pay

If the noncustodial parent is out of a job, or perhaps earns very little that makes it impossible to meet the required amount, the court might order a lower support amount. However, the court requires that they return to the court at a specific time to know their current situation and adjust the child support accordingly.

A child with special needs or interest

If the child in question requires special care or has unusual medical, psychological, or educational needs, this could attract a higher amount of child support. In a case where the child has a special interest in an activity, such as sports or any other activities of interest, the custodial parents might ask the judge to order the noncustodial parents to pay an additional amount to support the child’s interest.

Overnight visit

Some child support calculators include the number of times each parent pays a visit, and it can influence the amount paid as child support. The reason for this is to compensate each parent for the time they are financially responsible for the child.

If, on the other hand, both parents have been sharing equal financial responsibility for the well-being of the child, the custodial parent might only need a small amount to support the child financially.

For an idea of how much child support to pay, check your state’s calculator by entering your state's name and 'child support calculator' into a search engine like Google. 

For professional guidance, you might need to work with a child support attorney to help protect your interest and that of your child. Feel free to call us or fill our contact form.

 

Divorcing couples often wonder if they can hire one attorney, to save cost, you know… Many a time, it is merely one of the parties trying to be sneaky.

If your spouse advised using one attorney, it should trigger your spidey senses. The reason is this - they could be trying to acquire an undue advantage.

An attorney cannot serve the best interest of two opposing parties, hence the need to have a lawyer who protects your best interest.

Your one and only!

A lot goes into divorce, and it's rarely impossible to agree on everything.

Like:

Dividing the marital assets, child support, parental visitation, rights and duties of parents, and end of a marriage.

Your Ex’s Attorney Doesn’t Represent You

If your partner made you believe that one attorney is enough, probably to save legal fees, you shouldn't take it.

If your spouse persists, there could be an interior motive that you must watch out for. At the end of the day, your spouse’s attorney will seek for the best interest of your spouse, not you.

Divorcing With Neutrality

The fact is you cannot go into the courtroom with two parties sharing one attorney. In a situation where you don’t want to rely on the court to settle your differences, you can use mediation to come up with a divorce agreement that favors both parties.

During mediation, you can hire one attorney who doesn't represent either you or your spouse. Your family lawyer is the one to oversee the mediation while acting as a neutral party to help the couples come to a mutually beneficial conclusion.

The Responsibility of an Attorney-mediator

When it comes to meditation, your family lawyer is in charge of ensuring that all paperwork is complete and accurate. Also, your mediator will check the finances of both parties for full disclosure, easing tension and also drafting the final divorce settlement agreements. Other functions could surface, such as discussing the bone of contention of both parties.

It is worth noting that the attorney-mediator is working as a neutral party, and not technically for either spouse. However, in a case whereby both parties failed to agree to the mediation process, you will need an attorney different from your spouses.

If you're currently in this situation, you need an expert attorney who understands the legal system. Through our guidance and counsel, you will be able to take the right action that protects your interest. Feel free to give us a call 718-815-4500, or perhaps fill our contact form.

Just concluded a divorce? The feeling and emotional trauma that comes with a divorce may be pretty difficult to handle. But there's a much more challenging task ahead, “becoming a single parent!”

Having a kid or kids during a marriage means you get a fair share of parenting time in the event of a divorce, depending on the divorce agreement.

Nevertheless, transitioning to single parenthood can be a hurdle altogether. However, you may find that it could also be an intriguing venture down the line.

This article aims to show you how to make the most of parenting time after a divorce.

    1. Try as much to be consistent.

Whether it is playtime with your kids, doing homework, eating meals, or any regular activity, a basic rule of thumb is to ensure consistency. Kids thrive better if they know exactly when certain things will happen in their lives. It keeps the whole process fascinating.

    2. Be understanding

After a divorce, chances are you may have to handle activities with your kids which were never your role while with your now-ex-spouse.

Be understanding, and know that your kids may require more time adjusting to the shared life with their parents

    3. Listen

Good parenting requires active communication with your kids but, more specifically, listening!

Always give listening ears to your kids whenever you can. It makes them feel they can always confide in you.

    4. Ensure every time spent with your kids are worth it

After divorce, you may find that most kids have a difficult time adjusting to their new reality. That is understandable. As such, helping your kids adjust to this new phase of life would go a long way in ensuring proper upbringing.

One good way to do this is to spend quality time with your kids whenever you get the chance. This doesn't have to be lengthy trips to the most luxurious places or giving them the most expensive toys.

A quality time with your kids doing what you both love to do is a more effective way to make the most out of your parenting time.

Dealing with being a single parent after a divorce can be a daunting task. However, meeting the needs of your kids will ensure you make the most of your parenting time.

Hire a professional divorce attorney

To ensure your kids get the best parenting they deserve, it will be best to hire a professional divorce attorney for expert guidance.

Feel free to call us 718-815-4500 or fill out our contact form to gain access to our plethora of attorneys ready to provide good counseling and represent you throughout the legal processes.

Soren - Estate Planning Considerations For Divorcing Couples

You thought you had it under control. You had carefully planned your life with your spouse, even set up trusts to take care of your estate while you’re gone. And then, out of the blue, divorce struck! Maybe you saw it coming, or not. But the question is - what happens to your estate? 

Careful not to panic, as there is a way out of this rabbit hole. There are a few tactics that ensure you protect your interest in the course of the separation and divorce. 

First, you need to understand your documents. That includes your will, health care proxy, insurance policies, prenuptial, and trusts you and your spouse must have opened. Now that divorce is inevitable, do you understand the changes that are about to take place? These changes will need to be updated on your estate plans.

In that case, it is a good time to work with one of our experienced attorneys. You need an estate planning attorney with sound knowledge and experience in the legal system.

If you don’t have a will yet, you need one as soon as possible. Because when you die without a will, officially called dying intestate, you’re giving up control on who gets what when you’re no more. When this happens, a large portion of your estate goes to your spouse. 

But now, in the face of divorce, there is a need to update any advance Directive/Health Care Power of Attorneys or Durable General Power of Attorneys at your disposal naming your spouse agent. These are pretty powerful legal documents that give a third party the decision-making ability in your absence.

If you don’t have a trust, you can book an appointment with us to discuss the benefits of establishing one. When it comes to divorce, trust is an incredible tool for individuals with minor children, and shouldn’t be overlooked.

In that case, consider setting up a trust to take care of alimony and child support. if you’re no longer around, your children and heirs will continue to receive support.  

The good news is you don’t have to lift a finger when you have an estate planner that is ready to review your divorce settlement to inspect for gaps. Your estate planner will uncover what happens to your estates, businesses, and assets, whether they are protected under federal law or state law.

We understand that estate planning is a difficult subject to discuss, especially when triggered by divorce. To ensure you don’t make any mistake that puts your interest in jeopardy, you must work with an estate planning attorney.

We have been in the legal system for decades, and we understand every intrinsic aspect of the law regarding estates, especially in the event of a divorce. Do give us a call or fill out the contact form to begin this process.

What are the Differences between Mediation and Collaborative Divorce?

When it comes to Mediation vs. Collaborative Divorce, our clients often have tons of questions to ask. One of these questions is the difference between these two elements of divorce.

Although neither of these options is best or perhaps, worst... rather depends on the nature of your case.

A mediator is there to help you negotiate, but has no power to decide the case or offer any legal advice. What determines the approach you adopt lies in your individual preference, the nature of the case, and the availability of good mediators or collaborative attorneys.

A collaborative divorce is sometimes a great option if you need an attorney to look out for your best interest. If your case is somewhat complicated or there are some financial issues, collaborative divorce often proves to be the best tool in such a scenario.

Factors favoring mediation

Aside from mediation being less expensive, it is super flexible and helps both parties to resolve their differences without battling it out in court. This process often comprises three participants: you, your spouse, and the mediator.

However, nothing stops you from getting other people involved in the process. Take note that having an attorney involved is not a requirement. From a logical stance, it is evident that mediation is most likely more efficient and cost-effective compared to collaboration.

Cons of mediations

If after the back and forth bickerings and no settlement were reached, there will be a need to start all over again with a new lawyer. It can cause you to lose money on the mediation process unless it went smoothly without any contention.

Also, mediation doesn’t necessarily result in an agreement. Any of the involved parties can be tempted to abandon the process and idea of a mutually beneficial outcome. When this happens, it becomes a highly contentious case.

Factors favoring collaborative divorce

If you desire a process where you’re under the guidance of an experienced attorney, then collaborative divorce is the ideal route to take. If you believe your case is somewhat complicated, collaborative law becomes the best option as it seeks to protect your best interest.

With a collaborative attorney at your disposal, you’re likely to express yourself with confidence even if your spouse disapproves. If there is a power imbalance in your relationship, that is when collaborative divorce becomes most efficient.

Cons of Collaborative divorce

Just like mediative divorce, collaborative divorce comes with its flaws too. The most obvious downside is that if it doesn’t work, your lawyer is expected to withdraw so you can start over with a new lawyer.

It can also incur lots of expenses and delays since you’ll have to hire a new lawyer and get them up to speed with your case.

For a better chance, hiring an experienced mediative or collaborative lawyer is crucial. Do give us a call or fill the contact form to get started.

How Long Does A Divorce Take In Staten Island?

Divorce is rarely a great time, a time of a rollercoaster of emotions you never knew you had.  This horrible feeling is why most people want to get over their divorce as soon as possible. In frustration, they keep asking their attorney when it will end. That brings us to the crucial question: How long does a divorce take in Staten Island? 

There is no straight answer to this question since no two cases are ever the same. However, some pointers could shed light on how long it might take. If you’re already working with a divorce attorney, they are likely to give you a ballpark idea of what to expect. 

In some cases, it can take approximately 12 months for a divorce to be finalized in Staten Island. Exceptions are only for cases with a more severe complication. Aside from complications or situations surrounding a divorce, other factors can play a role when it comes to delaying divorce in Staten Island, and they include:

1. Someone doesn't corporate

If your soon-to-be ex-partner is embittered by the situation, he or she is likely to frustrate you by delaying the divorce. One of the ways this is done is failing to provide information or responding until the deadline approaches. Other times, your soon-to-be-ex could banter on who gets the pillow, or perhaps the old chair left to you by your ancestors. Little bickering like this delays the divorce process, and an experienced divorce attorney could help accelerate the process.

2. Complex case

As we had previously stated, some cases are complex, and this drags the duration of the duration. The separating couples might have sizable assets, investments, and businesses that will need to be resolved. It could take months or even years for some divorces to be finalized due to their complexities.

Every step you take is a process, and it takes months to resolve.

3. Child Custody

When it comes to the kids, emotions are always involved, and this strips both parties of the ability to be logical. If the children are young, they deserve to be considered in every decision. Most often, the mother is given custody. However, things are changing in Staten Island as courts can consider joint or shared custody. Due to the back and forth struggles, divorce stretches into months and more.

Conclusion

On average, it takes 12 months for a divorce to be finalized in Staten Island. However, not all cases are the same as some can extend even to two years. If you want the best shot, hire an experienced divorce attorney in Staten Island by calling 718-815-4500 or filling the contact form.

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