“Do I need a divorce attorney?” is probably not the question you thought you’d one day ask yourself back when you walked down the aisle or took your vows, but here we are. Continue reading “3 Reasons You Need A Divorce Attorney to Get Through This Tough Time”
Several reasons lead people to divorce, such as lack of commitment and cheating—all these warrants as the grounds for divorce.
Most people looking to get a divorce may understand the divorce process and what it entails. Here’s a guide to understanding the divorce process in New York:
The Requirements for Divorce
There are mainly two requirements to file for a divorce. Firstly, one needs to establish that residency is based in the city where divorce is being filed. The second requirement pertains to grounds for divorce. Grounds for divorce include adultery, separation, imprisonment, and abandonment. If you are filing for a contested divorce, which means that your spouse is objecting to it, the formal grounds will need to apply.
Whereas, if you’re seeking an uncontested divorce, meaning both parties are in agreement of it, simply stating that the marriage has irrevocably broken down is enough to justify a divorce.
Issue the Forms to Your Spouse
Once you have filed for divorce and the petition is accepted, you must now ensure that your spouse is informed about this. The next step after telling them is to serve them with the divorce papers.
It is a common misconception that if a spouse does not sign the papers, the divorce process will not go ahead. Their signature is not needed for you to go along with the process, and their agreement or disagreements will lay the grounds for an uncontested or contested divorce.
Child Custody in the Divorce Process
The case for child custody also begins with the divorce process. The court always prefers both the parents to be granted custody of the child.
However, if one parent wins the custody battle, the other can still meet the child during visitation hours.
The divorce process is not always a contentious legal battle but can be an apical agreement between two people. If you’re looking to hire a professional divorce lawyer Brooklyn or divorce lawyer Queens to assist you, you’ve come to the right place.
At Ledwidge & Associates, P.C., we are a reputable legal firm with over fifteen years of experience. Our expert team has assisted hundreds of clients in Queens, Brooklyn, and New York. We provide services in family law, probate law, real property law, and many more. Reach out to us to book an appointment and seek professional guidance in complex legal procedures.
You’re having major arguments with your spouse and have tried every possible solution to work it out. You’ve even gone for therapy, but nothing seems to help. You and your partner decide that it’s time to part ways.
Divorce is a sad but unfortunate solution to garner peace of mind and mental stability. Indeed, divorce rates have been increasing in the United States. But not many people are aware of the legal technicalities involved in the process to securing their rights.
Your Ex Will Be Out of Your Life for Good
This myth is a prevalent one among couples going for divorce. Most go into this process thinking they will never have to see their ex again. We’re here to break it to you; you’ll be seeing more of them than both of you will like, and that’s alright.
Divorce is more like the closure you both need to get through everything that happened between you. There will be countless discussions and documents to review and sign. Not to forget, both of you will have to be present at multiple hearings.
You Can’t Seek a Divorce if Your Spouse Doesn’t Sign
This myth stems from T.V. shows and movies where it is shown that if your ex does not sign the papers, you can’t legally part ways. This is not true at all. Especially in New York, your spouse does not need to sign any documents for you to seek a divorce from them.
The legal requirements for divorce in New York include proof of residency based in New York and divorce grounds.
Divorce Is a Legal War
Divorce does not always have to be a legal battle. Sometimes, it can simply be an amicable solution between two parties. Going into a divorce with a civil outlook can increase the chances of reaching a mutually beneficial solution.
You Don’t Need a Lawyer to Get Through Divorce
This isn’t a misconception, but it can be recommended for those looking to reach a divorce settlement quickly and efficiently. Divorces can become long-drawn-out, with proceedings going on until the end of time. When you hire a divorce lawyer to assist you, it can have multiple benefits, such as a likely chance of mediation or reaching a negotiation.
At Ledwidge & Associates, P.C., we are a law firm with the skills and knowledge base to guide you through this difficult time. Our expert lawyers can help alleviate the stress by efficiently handling the process. Our services include estate planning, family law, litigation law, real property law, and many more. Get in touch with us to book a consultation today.
Most couples make the mistake of either not going for a prenup at all or miss out on details on paper that they regret not having discussed before. Time changes things and differences may arise, or there could be conflicts that are better off being ironed out beforehand. Here are some of the most important discussions and questions to be put forward when drafting a prenuptial agreement:
Premarital Assets and Debts
As the name suggests, this includes any assets that you’ve acquired before getting married. It is valid for a wide range of items, including jewelry, property and savings that may in any of your accounts. A prenup requires you to fully and fairly disclose your assets as well as any debts you may owe.
There are considerations, such as the status of the property. Separate property can become a joint property or remain that way. In the unfortunate event of a divorce, how will you split up these assets? If premarital debts are paid by one spouse, will it be a gift or can it be reimbursed?
Marital Property and Management of Assets
Once you’re married, the two of you will acquire income and assets separately later on. There’s a series of questions that a family lawyer will ask you. How will all of it be divided? What arrangement will you use and will it be split among the two of you?
You will also have to decide who will be handling the finances and making calls on the purchases. The one who will be paying the bills, your individual goals for the long-term regarding finances. Will your bank accounts be separate or jointly owned as well?
A big mistake that couples make is not asking questions regarding their career decisions. It has to be on paper if both of you will be working, what kind of incomes do you expect and if there are any plans to continue working after you have children. These can often require a family to move from one area to another to be closer to the workplace, which also is an essential point.
All of it seems trivial but can affect the state of your marriage moving forward.
In the event of a divorce, the duration and limit of the spousal support has to be decided beforehand. You may also consider some stipulations beyond those that are stated by the area you’re residing in as it seems feasible. A capable family law attorney will help sort these discussions out.
Acquiring Legal Services
Because of the excruciating details that have to be considered for marriage, couples tend to do best when they work with an experienced family lawyer that can sort out prenuptial agreements thoroughly. At Ledwidge & Associates, we help couples sort out the details before they make any vows.
While people normally assume that a lawyer’s counsel is detrimental to your wallet, the reality couldn’t be further from this. Lawyers look out for you in trying times such as divorce proceedings, putting out the best strategies that work in our favor. Here are some scenarios that demand acquiring legal assistance:
You Believe You or Your Children Are in Danger
When a spouse senses that their significant other poses a threat to them or their children, it’s time to acquire a divorce lawyer. They can temporarily put up a restraining order on their spouse so that they do not cause any harm or come close to them. It can allow a person and their children to move to a safe location while the divorce proceedings take place.
Complicated Property and Financial Claims
In case there are high financial assets that you and your spouse jointly own, there’s a chance that things may lead towards a contested divorce. It’s when the two parties cannot come to an agreement, requiring a lawyer to help the two to iron things out.
You may be entitled to a portion of your marital assets, those that you’ve acquired together during the course of your marriage. Unfortunately, you may also receive some debts as part of your marital assets, but a divorce lawyer can help you deal with the nuances involved.
Your Partner Has A Lawyer
If your ex has a partner, chances are that they’re on the offensive already. A lawyer works in your favor and has your best interests at heart, so they will push in every direction to ensure that their client comes out on top. They know the law well, so they can use it to their advantage.
Divorce can be an overwhelming phase and people require all the help they can get to make it through. At Ledwidge & Associates, we work in conjunction with our clients to assist them from start to end. With 15 years of experience, our goal is to develop a strategy that works best for our clients.
Going through a divorce can be rough, and most couples would like nothing better than ending things amicably and for the process to be smooth and stress-free. However, with so many factors, such as determining the custody of children, child support, alimony, and distribution of alimony, to consider, divorce cases often involve little agreement and a lot of fighting.
In this blog post, we’ll discuss three of the most common reasons divorces get messy and provide tips on how you can navigate through them.
The Case Involves Infidelity
If a person has been unfaithful in the marriage, it’s natural for their spouse to feel betrayed and hurt. This could cause the wronged spouse to do anything in their means to make divorce proceedings as difficult as possible for the person who hurt them. For instance, they may deliberately make divorce proceedings more expensive or difficult by arguing and contesting every item that’s brought on to the discussion table.
In some cases, the wronged spouse even turns the children against the unfaithful parent or argues that they’re not fit to receive custody of the children.
One Spouse Wants To Keep The Marriage Intact
In some divorce cases, both parties are looking to end the relationship. However, in some cases, only one spouse is seeking a divorce. The one who wants to save the marriage may feel devastated, humiliated, betrayed, and/or hurt. They might attempt to persuade their spouse to get counseling, be uncooperative, or try to make the process as drawn-out as possible.
One Parent Is Seeking Full Custody
Divorce cases involving children are usually complicated, and it’s easy for tempers to flare on both sides. The spouse who was the children’s primary caregiver may have reservations that their soon-to-be-ex won’t care for the kids on their own if they’re awarded joint physical custody. The spouse who wasn’t the primary caregiver may be afraid that they won’t be able to have a meaningful, healthy relationship with children. Matters are complicated even further if one of the parents is moving away from the immediate area.
A leading family law attorney Brooklyn and Family Law Attorney Queens, NY, Ledwidge & Associates, P.C. has nearly 15 years of experience handling child custody, domestic violence, and divorce matters in the courtroom. If you’re seeking a lawyer for a New York family law matter, get in touch with us today to schedule a consultation.
Going through a divorce isn’t easy. There are several legal matters that you have to consider before you file for one. While planning for the future is the top priority for couples filing for a fault or no-fault divorce, it’s also imperative to sort out your estate plans before or immediately after a divorce petition is filed.
Once your divorce is filed and finalized by the court, don’t delay separating all your relevant estate planning materials. Also, it’s vital that you update your estate plan after you marry someone else or if you have children from a second or prior marriage.
Why is it important to update your estate plan?
If you don’t separate your estate plan after a divorce, your former spouse or their immediate family still has the right to take on a large portion of your estate after your death, leaving a smaller portion for your family members or children.
Even if you don’t want your former spouse to have a portion of your estate, it may happen if you don’t spell out your intentions and wishes in your estate plan. The majority of American states don’t allow former spouses to inherit real estate under a Last Will and Testament. However, they can still inherit other assets in the estate plan.
An Example to Help You Learn
A woman in New York passed away in 2010 after she divorced her husband a few years earlier. Her estate plan (before her death) stated that her spouse should inherit her home, along with all other assets.
She had further specified that her father-in-law be the secondary beneficiary to her residential property. While New York’s law kept her former husband from taking over the home, her father-in-law could still inherit it as the second beneficiary.
Her children claimed to the probate court that their mother put forward another will, in which she removed her father-in-law’s rights on her property. However, her children were never able to find the second will, and as a result, the court ruled in favor of her former husband’s father.
What to do after your divorce is finalized?
After your divorce, here are some things you must do:
- Update all the documents that are relevant to estate planning
- Create a new will and redo the old one
- Provide your family members and children with a copy of the new and the updated will
- Find another probate attorney to help with estate planning and make sure your attorney works for your best interests.
- Update all your bank accounts, individual retirement accounts, trusts, annuities, and life insurance policies to remove your former spouse as a beneficiary
Furthermore, if you’re looking for an experienced divorce lawyer Brooklyn, divorce lawyer Queens, or any other area in NYC, feel free to reach out to the law office of Ledwidge & Associates, P.C. today!
Are you considering a premarital or a prenuptial agreement? In this post, we discuss everything you need to know about them.
What is a Prenuptial Agreement?
A prenup or prenuptial agreement is a contract between two parties before they get into an official marital bond. This agreement lists all the properties and debts both parties own/owe and specifies both parties’ rights on each item after the marriage.
Who May Need a Prenuptial Agreement?
Many people assume that prenuptial agreements are only for people who own several properties, but this is a myth. While these contracts are more commonly used by the wealthy for asset security, couples from more modest backgrounds are also beginning to consider them to protect their rights. Here are some common reasons why people might want to write a prenup:
To pass on a property to children from previous marriages
If a marrying couple with children from a previous marriage wants to specify what happens to their property after they die, they may sign a prenuptial agreement.
This will pass on the specified properties to children from prior marriages to ensure their financial stability. Without a prenuptial agreement, the surviving partner can claim a significant portion of their spouse’s property after their demise, leaving a smaller portion for the children.
To spell out financial rights
Marrying couples with or without children can clarify their financial responsibilities and rights during the marriage.
To avoid conflicts during a divorce
A marrying couple may want to write a prenuptial agreement to avoid conflicts and arguments if they ever have to go through a divorce. Specifying the rights on properties before marriage will keep the two parties from making wrong decisions related to asset division.
To protect the other party from debt
Prenuptial agreements are also signed when both parties want to protect themselves or their spouses from each other’s loans and debts.
With the increasing prevalence of remarriages and divorces and the rise of gender equality, courts are becoming friendlier toward prenuptial agreements. However, it’s still imperative to negotiate and draft a legally sound, understandable, and clear contract to ensure it’s considered valid in the court—and that’s where a family law attorney can help.
If you’re looking to hire a reliable and trusted family law attorney Brooklyn, family law attorney Queens, or other areas across NYC, reach out to our associates at Ledwidge & Associates, P.C. We will help you and your fiancé determine the clauses you should include in a prenup to suit your requirements.
We operate in Queens, Brooklyn, Manhattan, Long Island, and the Bronx.
The divorce rate in the United States is quite high, with almost 40% to 50% of married couples in the country ending up divorced. According to the American Psychological Association, the divorce rate for second or subsequent marriages is even higher.
Couples going through a divorce often have to deal with complicated issues involving property division, spousal support, child custody, and child support. Many divorces end up in prolonged legal disputes with either party refusing to compromise and agree to the terms.
While no two divorces are the same, the issues regarding finances become even more complicated in cases with couples that have a high net worth.
Here are some of the most common issues faced during a high net worth divorce:
One of the first things divorce lawyers ask high net worth couples before starting the divorce settlement is whether there is a pre-nuptial agreement. Prenups are quite common in marriages where two people with high net worth are marrying, or a person with a lot of money is marrying someone with very little.
However, prenups aren’t always valid. The first thing lawyers need to do is to review the prenup to ensure the agreement is legally binding. If the prenup is valid, it will be used as a guideline for all issues, including property division and alimony, that have been clearly delineated in the agreement.
Children of high net worth couples often have different financial needs such as private school tuitions, nannies, and additional classes such as ballet or piano lessons. This might result in additional child support payments compared to a typical divorce settlement. Another concern for high net couples is college tuition. Couples going through divorce might have to contribute to a trust that has been created to fund their child’s college tuition regardless of their age.
There are several challenges when dividing property among high net worth couples. Generally, any property acquired during the marriage gets equally distributed between the couple. However, most couples with high net worth have assets and individual property that they brought with them to the marriage and cannot be subjected to community property laws. High net worth couples also own household items that are quite high in value, such as antiques, artwork, and jewelry, which complicated the division of property.
Get Legal Advice from Leading Divorce Attorneys In New York
Getting a divorce under New York State law can be complex and full of legal restrictions and regulations. Our team of highly qualified and experienced divorce lawyers at Ledwidge & Associates, P.C. has been helping all kinds of couples get a divorce in New York. We have extensive experience dealing with child support, property division, pre-nuptial agreements, and tax consideration for a divorce.
Choosing the right divorce attorney could very well be the most important decision you make in your life—if the unfortunate circumstance of having to go through a divorce has befallen you. And if you’re not sure what to look for in a divorce attorney, you’re in the right place.
To help you make the right choice, we’ve put together this brief guide that provides you with detailed instructions on locating, vetting, and ultimately hiring a divorce attorney who’s right for your case. If you’re a resident of New York, you have hundreds of divorce and family law attorneys to choose from, and this guide will push you in the right direction for this critical choice.
Do Your Research.
In the digital age, it’s really not difficult to find the best divorce attorney in your locality. There’s a multitude of trusted review sites, such as Google and Yelp, which offer an avenue for a lawyer’s former clients to provide reviews about their experience.
Moreover, there are various websites that offer information about peer-reviewed lawyers, and numerous groups, such as the AAML (American Academy of Matrimonial Lawyers) that offer a comprehensive accreditation process for divorce attorneys.
Interview More Than One Attorney
The majority of divorce attorneys and law firms offer free consultations, and the only price you have to pay for interviewing multiple lawyers and law firms is time. Would you buy a car without considering and test-driving a few other options? Since choosing a divorce lawyer for your New York case is a much more important decision, it’s essential to take the time to interview and evaluate as many options as you can.
Divorce attorneys vary in terms of the experience, success rate, pricing structures, and the approach they take to cases—so you can’t just go with anyone.
Watch out for false promises
With initial interviews, your primary goal should be getting to know the lawyer. Ask for examples of their experience. When they’re describing the process, ask them what you can expect from your case realistically.
Now, lawyers aren’t permitted by law to offer any guarantees. With that being said, an experienced New York Divorce Lawyer should be able to offer realistic projections based on the facts of your case.
Divorce cases can be extremely contentious, and having an experienced lawyer represent your interests and work out the details can help you get what’s rightfully yours. If you’re a resident of Brooklyn or Queens who’s in the process of getting a divorce, the highly experienced Divorce Attorney Brooklyn, Divorce Attorney Queens at Ledwidge & Associates, P.C. can assist you with the process. Get in touch with us today to schedule a consultation.
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