Who ever said that divorce was going to be easy, or that the proceedings would be self-explanatory? Probably no one. At least, not anyone who has seen divorce up close and knows how complicated even simple matters can become once spouses start disagreeing.
In order to help people find some quick solutions, our team of Dutchess County divorce attorneys here at the Law Office of Dennis R. Vetrano, Jr., LLC have compiled a list of frequently asked questions, paired with brief answers we believe can help. Of course, if you need to know more information in detail, you are encouraged to contact us at (845) 605-4330. If you know you need legal counsel during a divorce, or if you want to file for divorce, you can also request a free initial consultation today, and you will hear from us as soon as we can get back to you.
Understandably, money might be your first concern about divorce, specifically spousal support payments. While there is no law that says alimony must be set up during a divorce, it is still frequently established in many divorces.
If alimony is required, how much will I pay?
Alimony payments will vary from divorce to divorce, so it is hard to predict how much you will pay, or receive, each month. However, a recent change to divorce law in New York has established the rule that the shorter a marriage lasted, the shorter the duration of spousal support. In some marriages, people will only need to pay alimony for a few months and then it is done.
Do I need specific grounds to file for divorce?
In 2010, New York joined the rest of the states in allowing people to file for divorce without specific reason, making it a no-fault divorce state. This means you can simply say that you and your spouse have “irreconcilable differences."
Do fault grounds help or hurt my case?
In the circumstance that you do have grounds for getting a divorce, be sure to let your attorney and the court know about them. While they won’t have a definitive impact on the proceedings, the appointed judge could consider them while making decisions regarding important family law aspects, such as child custody. For example, a judge might not want to let your ex-spouse have full custody of your children if you prove that they were abusive towards you.
Who receives custody of children in divorce?
A judge is meant to always rule in favor of the child’s “best interests.” Discretion will be necessary for them to determine which parent should have primary custody. You can help your case by citing your financial stability, attachment to your child, and more.
Who keeps what property?
Equitable distribution is used in New York to divide property “fairly.” While this can result in a 50-50 split of assets, it is not guaranteed, as fair does not directly translate to equal. If you want to be certain you will hold onto something, you will have to prove that it is non-marital property, or something you alone possessed before the marriage.
How long is a divorce going to take to get finalized?
There is no set-in-stone answer for this question. If your divorce is uncontested, things could go swimmingly and finalize in a few weeks. If it is contested or involves a high net worth of assets, matters can drag on for months or longer. It is important to team up with a divorce lawyer to ensure that the wheels are always turning, and that they are doing so in the right direction.
How expensive will my divorce be?
As with a timeline of divorce, costs can vary greatly. The longer or more complicated a divorce, typically the greater the relative expenses. Even if you do not seek legal counsel, which is not recommended, you could end up paying hundreds to the state for court costs and additional fees.
Can a divorce get canceled?
If you have reconciled with your spouse and want to stay together, but you already filed for divorce, sounds like trouble but it is not a stonewall obstacle. A dismissal form may be signed by either you, your spouse, or both of you to cancel the divorce before the court provides a judgement.
Am I going to have to go to court?
Maybe, maybe not. Some divorces that go smoothly do not require that you go to court, only that someone does. This means you can send one of our Dutchess County divorce attorneys in your stead, and we can handle everything for you while you focus on other matters, such as your family or business.