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Frequently Asked Questions About Divorce
Q: What is a legal divorce?
A: A divorce is the dissolution of a marriage. After divorce, both parties are free to remarry. During typical divorce proceedings, the couple's assets and debts will be divided and the care and custody of any children will be determined. Each state has its own distinct divorce laws.
Q: What are "fault divorce" and "no-fault divorce"?
A: In the past, divorce generally had only been granted on the basis of marital misconduct called "fault": adultery, mental cruelty or another wrongful act. There were also defenses to these faults. In these divorces, the spouse at fault often received a smaller portion of the marital settlement. In a no-fault divorce, the parties merely need to state that the marriage has broken down irretrievably or that the couple has irreconcilable differences. Every state has some form of no-fault divorce, but the particulars of the laws can differ markedly from state to state.
Fifty percent of all marriages end in divorce. If you have questions about divorce, child custody, child support or alimony, contact our firm to schedule a consultation with an experienced family law attorney for straightforward answers.
New York Divorce Attorneys
No one plans on a divorce. When the time comes, it is disorienting to a couple and an entire extended family. Children who are caught in the middle are especially vulnerable during the stormy times brought about by a marital dissolution. When you choose a lawyer to guide you through the divorce process, evaluate such factors as the lawyer's experience, compassion and ability to establish rapport with you as you go through this difficult time. Contact the law offices of Elisabeth A. Barker, Attorney at Law, to schedule a consultation.
Divorce - An Overview
Contemplating divorce is difficult. Whether or not you are sure you want to end your marriage, it helps to learn the basics of divorce law. Should you conclude that divorce is necessary, it is important to seek the assistance of an experienced family law attorney.
A divorce is a judicial decree by which a valid marriage is dissolved. From a legal standpoint, the divorce process will divide the couple’s assets and debts; determine the future care and custody of their children; and give each person the legal right to marry someone else.
Division of Property
When a couple has little or no marital property, no children and no disagreement on spousal maintenance/alimony, their divorce usually goes very quickly. Most couples, however, have numerous issues to work out during the divorce process. These issues may involve children or significant marital property: personal property, real estate, a family business, large or concealed debts, trusts, real property in other states, joint and separate accounts, investments, insurance, pensions and other assets.
Questions to Ask During Divorce
Whether to end your marriage is one of the most important and difficult decisions you will ever encounter. While this is an emotional matter, it is important to approach certain aspects of it with an analytical perspective. This is a decision that should take into account numerous issues. Once you review the following list of questions, you may reconsider your goals — or you may be better prepared to move forward while working with an attorney. Contact an experienced family law attorney to help you along the journey.
Dealing with Divorce
For some, divorce may feel like a liberating new beginning. For most, however, it is not so straightforward. The end of a relationship as important as a marriage brings numerous difficult emotions. Indeed, recovering from a divorce is similar to the grieving process one experiences when a loved one dies. The process typically consists of five stages: shock and denial; anger; ambivalence; depression; and recovery. Not everyone experiences these emotions in the same way or in the same order. You may move in and out of a phase more than once, even experiencing more than one phase at a time. It is a difficult and time-consuming process. Family counselors advise that it may take as long as one or two years to truly recover.
An Amicable Divorce
Divorce is one of the most emotional experiences you will ever face. The decision to end a marriage is not an easy one, and often it is accompanied by anger, fear and resentment. The negative emotions associated with divorce are responsible for more than hurt feelings; they affect the legal process and its outcome. Most importantly, if children are involved, they can be deeply distressed. It is in your family's interest to approach divorce from an amicable perspective; this can spare you a great deal of time, money and heartache. An experienced family law attorney can help you deal with your situation clearly and objectively.