7 Ways to Thoroughly Prepare for a Divorce Deposition or Questioning at Your Divorce Trial In New York
What happens at the meeting?Length and place of marriage.History of your marriage and how your marriage broke down.Your income and that of your husbands.Information about your children.Your marital assets.Liabilities from the start of the marriage and;Whether your divorce is likely to be contested or uncontested.
Five Things To Do Before Filing For A Divorce (In New York)Obtain copies of your financial statements. ... Child custody and child support payments. ... Living situation. ... Prepare a budget. ... Keep a log/diary. ... Support system.
Top 10 Things to Do Before You File For a DivorceNever Threaten to Divorce Until You Are Ready To File. ... Organize Your Documents. ... Focus on Your Children. ... Make Sure You Have Three Months of Financial Resources. ... Obtain the Best Legal Advice You Can Get. ... Make Sure You Have Available Credit.More items...
Tips For Meeting With Your Lawyer For the First TimeDress To Impress. ... Be Ready To Give Your Attorney Important Information About Yourself. ... Gather Your Evidence And Have It Ready For Your First Meeting. ... Get Your Facts Straight. ... Plan Something You Can Look Forward To For After Your Meeting.
It generally does not matter who files first in a New York divorce case. The filing spouse does not get an advantage to "set the rules" of the divorce. New York courts apply principles that do not favor one party over the other.
What Am I Entitled to in a Divorce in NY? Under New York's equitable distribution laws, only your “marital property” will be divided during a divorce in NY. This means that you and your spouse will get to keep any separate property that was brought into the marriage.
A detailed parenting-time schedule—including holidays! It's in your best interest, and more importantly in the best interest of the children, that you have a detailed schedule in an attempt to avoid issues down the road. This parenting-time schedule is an extremely important thing to ask for in a divorce settlement.
9 Critical Steps Women Should Take To Prepare For DivorceGather your financial records. ... Open a Post Office Box. ... Start putting money away for legal and other professional fees. ... Open a new checking and savings account. ... Open new credit cards in your name only. ... Get a copy of your credit report.
How to Financially Protect Yourself in a DivorceLegally establish the separation/divorce.Get a copy of your credit report and monitor activity.Separate debt to financially protect your assets.Move half of joint bank balances to a separate account.Comb through your assets.Conduct a cash flow analysis.More items...•
10 Things You Should Know Before Contacting a LawyerHave Your Documents Ready. ... Research the Elements of Your Case. ... Don't Call if You Just Have a Question. ... You May Not Speak to a Lawyer Right Away. ... Do Not Ask the Legal Support Staff for Advice. ... Don't Provide Too Much Information. ... Answer the Lawyer's Specific Questions.More items...•
The standard attire for meeting with you lawyer should be business casual. Wear dress pants, a nice shirt or top. Women should wear a conservative dress or skirt. Nothing too revealing.
The consultation is about getting a feel for if the lawyer is the right one for you. The lawyer is also trying to figure out if you will make a good client or if you will be in trouble. A lot of clients come to law firms with issues, and the lawyer wants to make sure the clie3nt doesn't cause drama at the law firm.
one yearYou can seek a no-fault divorce in New York if you and your spouse have been separated for at least one year or if there's been an "irretrievable breakdown of the marriage" for at least six months. Couples can also seek a divorce after entering into a separation agreement and living apart for at least one year.
5 Mistakes To Avoid During Your SeparationKeep it private. The second you announce you're getting a divorce, everyone will have an opinion. ... Don't leave the house. ... Don't pay more than your share. ... Don't jump into a rebound relationship. ... Don't put off the inevitable.
As for spousal support, common-law couples are entitled to spousal support after having lived together for three years, or if they have a child together, as long as the relationship was of some permanence. Married spouses are presumed to be immediately entitled to spousal support, if one spouse has the need for it.
roughly 3 monthsSome uncontested divorces are resolved as quickly as six weeks, while others can take six months or more. Since New York does not have a waiting period, a divorce that both parties agree on takes roughly 3 months for the papers to be filed with the court.
However, this attorney-client privilege does not extend to third parties, including anyone you may bring with you to a consultation. A third party who is privy to confidential attorney-client communication may be asked under oath (in a deposition, for example) what the client and attorney discussed and will have to answer.
The attorney who drafted the agreement for his or her client cannot give the other , unrepresented spouse any legal advice or answer any of their questions about the documents offered other than to recommend if they have such questions they should get their own attorney.
Asking questions can also help you gain a better understanding of what to expect in your case.
Divorce isn't easy for anyone involved—but it can be especially difficult for your children. When preparing for your divorce consultation, consider discussing with the attorney how you can put them first throughout the process.
Going through and filing for divorce almost always requires the help of a qualified lawyer. And since the attorney will need to know details about your personal life, it’s essential to find one that is the right fit for your legal needs. Plan on scheduling a few consultations with each of the divorce attorneys you’re considering.
Tax documentation is necessary for the attorney to get a glimpse at your overall financial situation. This is especially helpful in estimating child support or alimony that you may qualify to receive or be required to pay.
Gather the last three months’ worth of pay stubs for both you and your spouse. This documentation can be helpful in the event that you and your spouse file separate tax returns or if your financial situation has changed compared to the last time you filed taxes.
It’s important for your attorney to know about any other legal documents pertaining to your marriage.
While sharing potentially incriminating evidence about yourself or your spouse may make you feel uneasy, your divorce attorney needs to know what you’re up against in your case. If there is any evidence that could potentially be used against you or your spouse, bring this with you to your consultation.
Whether you’ve gone through a divorce before or not, there may be some questions you have about your case.
Getting divorced is rarely a pleasant journey, and it helps to have the right divorce attorney on your side. Start by scheduling a complimentary consultation with the Law Office of Yancy Belcher. Yancy Belcher has been a practicing attorney in Middle Tennessee for more than 20 years.