How Your Prenuptial Or Postnuptial Agreement May Influence An Uncontested Divorce
Prenuptial and postnuptial agreements will allow couples to avoid the common pitfalls that lead to a contested divorce. By working together with their attorneys, a couple can address important aspects in their lives while they are less upset and emotional. Additionally, it can be time-consuming to evaluate and decide who will get valuable and complicated property owned by a couple. This can help you get divorced much faster if it is done ahead of time.
A judge will typically accept a prenuptial/postnuptial agreement, except if one of the parties challenges it in court. Postnuptial and prenuptial agreements usually cover the division of property, debt allocation, and spousal support. The agreements do not always address matters like child custody, child support, or child visitation. This is partly because the children may not exist at the time the agreement was made. Even if only a few issues are dealt with, this makes it possible for spouses to get an uncontested divorce.
Sometimes, a divorce can be uncontested. However, during the discussions, the couple may discover that there are some areas they disagree with. They could try the collaborative divorce process to see if it helps them. However, if they fail or dont want to try, then they can go through the contested divorce process with all the litigation discovery, trial preparations, and costs.
What About Money To Pay Bills
If you have a large amount of money in a bank account, or investment account, you can handle it the same way. Split the undisputed money evenly, and any remaining funds you can either leave it in the joint account, or deposit it in 1 of the attorneys’ escrow accounts. I have handled far too many cases in which the parties do not do this, then file their divorce case – only to discover they cannot then access the joint funds to pay for their attorney or pay large bills. Better to act now than pay your attorneys to fight it out!
A: First let’s define the terms. A general practitioner is an attorney who does several different area of law. For example, s/he does 20% Family Law, 30% property, 20% criminal, 25% civil litigation & 5% landlord/tenant. An attorney who concentrates in an area of law will do that area of law roughly 2/3 of the time .
I’m a firm believer in the adage “a jack of all trades is a master of none.” Another good analogy is in medicine – if you had a heart problem, would you want to see just a general practitioner or would you want to see a specialist? I’m guessing most people would want to see a specialist. Same thing in the law.
In sum, as a general rule, it’s better to go to a specialist – whether one is dealing with the medical field or the legal one.
A: There are many considerations to take into account when choosing a lawyer.
I need it in paper work.
Family Attorney On Your Side
Jayson is an experienced Bronx Divorce Lawyer who is most experienced in family law cases including visitation, child custody and child support. Jayson offers low-fee uncontested divorces. An uncontested divorce is when both parties, or spouses, agree to sign the divorce papers. However, if there are children, property or other assets involved, then the divorce may be contested. In family court, Mr. Lutzky fights for what is best in each clients situation and, when there are children involved, he fights for what is best for the children. He has substantial experience negotiating child support, domestic violence, child custody, visitation, alimony and division of marital asset deals.
In bankruptcy law, Jayson handles Chapter 7 and Chapter 13 cases to help individuals get a fresh start. Many of his bankruptcy clients have credit card debt, medical bills, past due utility bills, mortgage debt and auto loans. A Chapter 7 bankruptcy wipes out debts. It puts people on a clean slate that allows them to build credit. A Chapter 13 bankruptcy is essentially a payment plan. Depending on certain factors a means test helps determine what you will pay back and who you will pay back to. The repayment time is between three and five years. It is best to consult with an attorney to learn more about each option and decide what is right for you.
Mr. Lutzky has won various awards for service and has been a Small Claims arbitrator for over 13 years.
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Difference Between A Contested And Uncontested Divorce
Contested Divorce
- More expensive than uncontested divorce
- Both spouses are unable to come to an agreement regarding grounds for divorce
- Both spouses cannot agree on the terms and conditions of the divorce such as child support, spousal support, property division, and more
- Speaking with an experienced divorce attorney is recommended
Uncontested Divorce
Will I Need To Go To Court To Get Divorced
Not always. In fact, its common to settle uncontested divorce proceedings out of court. When this happens, both spouses agree to terms of divorce, usually with the help of divorce lawyers. Then, this agreement is presented to the court. If the court approves the agreement, the divorce will be finalized.
However, if you or your spouse disagree on any particular part of the divorce and cannot come to an agreement out of court, this is known as a contested divorce, and must be settled in court.
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What Is A Ceremony
Its difficult to say if you can be married without a ceremony. You are certainly on your way to being married as soon as you have a license. Theres no technical need for any kind of fancy ceremony to occur to get the document signed. In many cases, individuals simply go before a judge and have the document quickly and efficiently signed. Depending on where you go, it takes longer to pay the relevant fees to get married than it takes to get the document signed. Its hard to call this a ceremony, but this might not be the case for everyone.
If you consider the signing of a marriage license to be a ceremony, then its absolutely vital that a ceremony occurs of a marriage to be legally valid. If you just consider the signing to be paperwork, though, then its not necessary for a ceremony of any type to occur. This might be simple semantics to some, but whether or not you need to have a ceremony to be married really depends upon how you define having an officiant and witnesses sign the marriage license.
What Is A Legal Marriage
In most states, a legal marriage is a relatively straightforward affair. Contrary to popular belief, the only person who most people technically have to visit is the county clerk. Youll need to visit the clerk, fill out the appropriate paperwork and get it signed once thats done, youre technically married. As such, one doesnt technically need any kind of ceremony to occur to have any kind of legal marriage. What one does need, though, is the signed paperwork otherwise known as a . Where things get complicated, though, is with who has to do the signing.
Marriage licenses are typically filed by the person who officiates the wedding. The requirements to be an officiant vary, but its usually the duty of the officiant to get the license signed by the parties to the marriage, as well as any relevant witnesses. It is the signing of the officiant that makes it possible to prove that youre married, and most people consider the marriage ceremony to be complete once the document has been signed. As you might imagine, its become increasingly common for individuals to consider themselves to be officially married once the document is signed and filed.
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What Do Lawyers Do In A Divorce
A divorce lawyer handles negotiations regarding how assets are divided between spouses, as well as who assumes debts. The divorce lawyer can also help establish an agreement for child support and child custody between the spouses. All of this requires research and evidence gathering, as well as compiling and filing paperwork with the court that summarizes the evidence.
Alimony And Spousal Support In New York
In family law, alimony or spousal support is a monetary amount paid to one party by the other party. It doesnt matter if the recipient is male or female. This support may be awarded in one lump sum or incremental payments.
In New York City, alimony can take three forms: permanent, rehabilitative, and institutional.
Alimony or spousal support will take into consideration many factors including the length of the marriage, the age of the parties, the income of the parties, the education, assets, and other variables.
If you are facing complicated spousal support issues, contact the law firm of Juan Luciano for an initial consultation.
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How An Attorney Can Help
An attorney can often resolve your particular legal issue faster and better than trying to do it alone. A lawyer can help you navigate the legal system, while avoiding costly mistakes or procedural errors. You should seek out an attorney whose practice focuses on the area of law most relevant to your issue.
Is Shared Custody Pursuant To An Order
The first analysis is whether the shared custody arrangement is pursuant to court order, or just by a mutual, informal agreement. If it’s pursuant to court order, then you can skip to the 2d section below. If it’s pursuant to informal agreement, then you’re best advised to start keeping track of the days the child is with you. Reason being: if there’s a dispute later on about whether you do indeed shared custody, then at least you have something in writing to corroborate same. You should also begin confirming the days you’ll have the child with the other parent in writing. As an example, you can send a calendar to the other parent for the next month marking off “M” or “F” on the days to designate which days the child will be with you versus the other parent. In the end, you’re best advised to file a petition for shared custody & get the arrangement confirmed via court order.
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Support Based On Who Makes More
The prevailing law – however incorrect – holds that in a shared custody situation the parent who makes more is automatically deemed the noncustodial parent & is thus potentially liable for the full guidelines amount . That said, many courts deviate from the presumptive calculation in a shared custody situation & do an off-set: first, then calculate support as if the father is paying the mother support. Then they calculate as if the mother pays the father support. The difference between the two calculations would therefore be the only money changing hands. Bear in mind, however, that merely because court may deviate in a shared custody situation, it certainly doesnt mean the court is required to do so. Judges are free after considering all the relevant factors, to award full guidelines child support, or no child support at all .
A:
Do I Need A Bronx Divorce Lawyer
We are here for you:
You and your spouse have decided to divorce. In most cases, this is entirely new terrain for you. fraught with emotion and anxiety, regardless of whether you are still friendly with each other or not.
Just like marriage sets the course for your emotional and financial future, so does divorce. But unlike marriage, you are going into a divorce with a different mindset and have different needs, both for yourself and your children. In this new landscape, consulting with a reputable Bronx divorce lawyer can set the stage for a better outcome once your divorce is finalized. To discuss your case with an experienced Bronx divorce attorney, contact us today or email us at .
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Extensive Experience As A Bronx Divorce Attorney
My clients work with me, in part, because of my Bronx background. I am Bronx-born and raised and opened my firm here more than three decades ago.
My experience gives me the seasoned legal judgment clients need. I know how to protect my clients rights during a divorce at the negotiating table and in the courtroom.
Clients appreciate my candor in divorce matters. They know what I really think about their cases. This allows them to choose confidently from their legal options.
These Services Generally Aren’t Worth Their Money
I just saw one such Ad claiming to “do all the paperwork for $299.” Let’s call them “Joe’s Professional Services.” Here’s the problem I’ve found: they are basically a typing service, and cannot give people legal advice. Thus, when people walk into their office & put down $299, they give them the same forms people can obtain for free off the internet , tell the people to “fill them out as best they can on their own,” give them a pen while they sit in their waiting area doing their work for them, and when the people are done, they spent 5-10 minutes typing the forms for them. When they’re done, they hand the forms back to the people & tell them, “Ok, good luck, go file these forms with the Court & wait 6 months. Have a good day!” And if the Court rejects the forms because there are errors on them, they either refuse to correct the mistakes – or tell the people that to correct them will cost another $299 . What a rip-off!
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Be Proactive & Divide Some Assets Before Even Retaining The Lawyers
If you need money to pay for your attorney, pay large bills, etc., you’re best advised to secure those funds before the divorce is even filed. Once the case is filed, as stated, you may be restrained from accessing certain funds without consent of your spouse. As such, if there’s a house which needs to be sold, go ahead & sell it before the case is even filed. If there is a dispute as to credits owed to 1 party, or debts which need to be paid, then evenly split the undisputed funds & place the remainder in the escrow account of 1 of the attorneys.
Bronx Family And Matrimonial Lawyers For Divorce Child Custody Child Abuse And Neglect And More
Despite the complexity of family and matrimonial law, the attorneys at Tully Rinckey have the ability and the experience to best handle your case. Tully Rinckeys family and marital matrimonial lawyers use their many years of combined experience in family law to help our clients who reside in the Bronx achieve favorable results. We are ready and prepared to assist you, whether you are seeking a divorce or custody, looking for an adoption attorney, or dealing with a case of child neglect or child abuse.
Our Bronx family lawyers realize that if a family situation is not handled properly, it can have far-reaching and long-term ramifications for everyone involved. As a result, it is critical to seek the advice of an experienced Bronx family law attorney to ensure that your case is efficiently and expeditiously and in the best interests of all parties involved.
At Tully Rinckey, we can assist you with resolving the following matters:
- Divorce
- Legal Separation
- Child Abuse/Neglect
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What Is The Difference Between Divorce And Separation
There are several distinctions between divorce and separation.
First, legal separation may be a court-mandated step of the divorce process, with some states requiring that potential divorcees spend some time living apart in a form of legal separation before proceeding to formal divorce.
Outside of this requirement, legal separation is reversible, while divorce is not. Once you have been declared divorced from a former spouse, there is no going back. Legally separated spouses retain the right to inherit property as well, and may not remarry .
Bronx Divorce Lawyers And Bronx Divorce Attorneys
Should I Get Another Attorney to Get My Divorce Finalized?
In a divorce, it is important that you have competent legal representation to ensure that you get the best possible deal. However, it doesnt mean that you have to stick with one attorney throughout the entire process. Furthermore, you may not want to use an attorney who may have represented your spouse in the past or anyone else who isnt versed in family law matters.
Why Getting a Family Law Attorney Matters
You want someone who understands the nuance of legal matters such as divorce as well as someone who has experience trying these types of cases. Although an attorney you may already have a working relationship may have a general understanding of the law, he or she may not have the relationships with judges that a family law attorney would have. He or she may also not have relationships with mediators or other outside experts who may be of value in a divorce case.
Why You Dont Want Someone Who May Have Represented a Spouse in the Past
If you decide to work with an attorney who has represented both you and your spouse in the past, you dont know where his or her loyalties are. Ideally, you want someone who is focused on your needs and resolving the case in your best interest. Therefore, it may be necessary to replace someone who you have worked with in the past with an attorney who has no previous ties or allegiances to anyone but yourself.
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