3 Reasons You Need A Divorce Attorney to Get Through This Tough Time

A divorce certificate and an ink pen lying on it

“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”

A Guide to the Divorce Process

 a wedding ring

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.

People signing documents

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.

4 Misconceptions Regarding Divorce

two engagement rings

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.

illustration of a torn family picture

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.

If you’re looking to hire a Divorce Attorney Brooklyn, Divorce Attorney Queens, or even New York, we can help.

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.

Executor’s Commission: What It Is & How It Works

For many, taking up the role of an executor of state would be something honorable. The position is often assigned to a family member or friend of a deceased person who was close and trustworthy to the deceased person. That being the case, the role used to be entirely voluntary and was not something you got compensated for. After all, it was something you were doing for a loved one who had passed away.

This, however, is no longer the case when dealing with estates. With estates and assets becoming more complex, as well as the laws that affect them, a payment for the executor has been established as a way to pay the person dealing with the process. This payment is referred to as an executor’s commission.

A signed document with a pen

How Much Commission Does an Executor Get?

Executor commissions and payments are usually not a pre-set amount. There are a few factors that come into play when deciding how much compensation an executor will get for their work. These often include whether a fee had been mentioned in the will, what percentage the state law says can be given as commission, and if a court decides to apply reasonable compensation, an hourly rate that seems fair for the work.

If there are more than one executors assigned to handling the estate, then the amount may either be divided amongst them, or both may get full and equal compensation, depending on the size of the estate itself.

Executor Payments in New York

For executors in New York, there’s a percentage calculation that usually ends up deciding how much commission an executor will get. Once the will has been looked over by a probate attorney and the estate and all its assets have been valued, you’ll be able to get a percentage of that amount as your commission.

State laws dictate that an executor will get a minimum of 5% if the estate is worth 100,000 dollars. The percentage then drops with each increase in amount, giving 4% on a total of 300,000 dollars, 3% on 1 million dollars, and then finally 2% on values of over 5 million dollars.

People in suits talk to each other

Executor Payments as a Beneficiary

If you’re the executor of an estate but are also one of the beneficiaries of the will, you must be smart about dividing up the payments. The inheritance you get is tax-free, but the commission you get is taxed.

To make sure you end up with the best possible outcome, you should get the help of legal professionals like Ledwidge and Associates. Along with their executor services, they have probate attorneys and estate law attorney Queens and estate law attorney Brooklyn who can help you speed the entire settlement process.

Why Divorces Can Get Messy

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.

child holding wooden figures of a mom, dad, and child

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.

Tips and Strategies for Surviving Divorce During the Pandemic

Surviving divorce can be a challenge under any circumstance. But with the current pandemic, the situation has become more difficult than ever. As people are forced to self-isolate and a mandatory social distancing regulation in place, lawyers have predicted a rise in divorces in the United States. The prolonged periods together without leaving the house unless for essential errands can either make or break a relationship.

A young couple fighting with each other at home

A good strategy for couples who have had it with each other would be to take some time away from their significant other and wait until the pandemic isn’t as serious anymore before making any big decisions.

However, if you have already begun the process of divorce and want to see it through without having to wait for the virus’s curve to flatten, here are some tips and strategies to help you survive this difficult and unprecedented situation:

Stay in Touch with Your Team

Once you have made the decision to get a divorce, you need to get in touch with your team of lawyers and mediators immediately. It is essential to stay in touch with them throughout the divorce proceedings and heed their expert advice that comes from years of experience dealing with divorce cases. Make sure they offer various channels to communicate that abide by the social distancing regulations such as video conferencing, phone calls, e-mail, etc.

Consider the Financial Ramifications

Most countries in the world have faced serious economic downfalls due to the coronavirus pandemic. The same is the case with the United States, with hundreds of people laid off from work and many businesses losing their investments and facing significant losses. Before going through with your divorce, consider pausing the process to have a clearer picture of your investments once the dust settles. Also, you can ask your divorce attorney to bring in a financial analyst as a part of your divorce team to help you understand the financial risks and realities if you decide to move forward.

A woman sitting alone on a bench watching a sunset

Take A Breather and De-Stress

Divorce is one of the most stressful things to go through in life. You feel a significant emotional toll of having to break up with your significant other, whom you thought you’d be spending the rest of your life. You also worry about how it will affect your child and how you’ll support them as a single parent moving forward. Now add the stress of a pandemic and uncertain future, and the situation can become overwhelming and start affecting your physical health.

It is essential that you take a breather and de-stress by signing up for yoga or exercise classes, book some online mediation and therapy sessions, or just take an at-home spa day to relax those tense muscles. Make sure you pay attention to your stress levels and do your best to keep them in check for your physical and mental well-being during the challenging divorce process amidst the pandemic.

Get Legal advice from trusted Divorce Attorneys in Brooklyn

Getting a divorce under New York State law is full of complex regulations and requirements and can get nasty if both parties don’t make an effort to be civil. Our team of highly qualified divorce lawyers at the law office of Ledwidge & Associates, P.C. can guide you through the difficult process and help protect your rights throughout the divorce proceedings. Our services are offered for residents of Brooklyn, Manhattan, Long Island Queens, and the Bronx.

Schedule a free phone consultation by calling us at 718-276-6656 and benefit from expert legal advice from experienced divorce attorney Brooklyn!

 

 

How Long Does a No-Fault Divorce Take in NY?

Getting a divorce in NY and completing the divorce process will vary for each and every couple. One couple could have an amicable, uncontested divorce and have it finalized within a few months. On the other hand, another couple could have a contentious, contested divorce that takes a year to fully resolve.

Regardless of what type of divorce proceeding you are facing, there are a few key points you do need to be aware of before filing for divorce:

  • Couples in New York can obtain a no-fault divorce and do not need to establish grounds why they want the divorce. However, they must still demonstrate that the marriage is broken and there is no hope of reconciliation.
  • The couple must live apart and separate for at least six months to show the marriage is broken. You can file for separation and initiate the divorce process, but the divorce will not be finalized until this six-month requirement is satisfied.

At least one person has to be a resident of New York. You have to live at least two years in New York to be considered a resident. There are also other residency qualifications that could be used to meet the residency requirement.

Amicable, Uncontested New York No-Fault Divorce Process

The couple went to a lawyer to conclude an agreement on the divorce.

The New York no-fault divorce process for an amicable, uncontested divorce is much speedier than a contentious, contested divorce. In an amicable divorce, the couple is agreeable and willing to negotiate and agree on various aspects of the divorce, such as:

  • Division of Marital Property and Assets
  • Disposition of the Marital Home
  • Child Custody
  • Child Access
  • Child Support
  • Spousal Support

The couple does not always have to rely on mediation, arbitration, or the court for assistance in making these important decisions. They can also avoid going to court if they can resolve all matters on their own with help from their respective divorce lawyers. As such, once the marriage has been broken for six months, the couple can file and could have the divorce decree in a few months.

Contentious, Contested New York No-Fault Divorce Process

How long a no-fault divorce in New York will take when it is contentious will vary. At the very least, as long as the divorcing couple is open to negotiation and using mediation or arbitration to resolve outstanding issues, they could have their divorce resolved in about six to nine months after satisfying the six-month broken marriage requirement.

Yet, when the divorce is heated and both parties are not willing to work together but want their matters litigated in court, then the process can take much longer—sometimes more than a year. The thing contentious divorcing couples need to remember is that when matters are litigated in court, the judge will make all decisions relating to the various aspects of the divorce proceeding.

unhappy married couple arguing in lawyers office get divorced

It is important to point this out because the judge will determine what they think is best, as well as what is in the best interests of any minor children. So, you may not get the result you want if you want every matter litigated. This is why attempting mediation and arbitration can be a better solution in resolving matters in a contested divorce in NY.

Many different factors can affect how long the New York no-fault divorce process takes. It is highly recommended to retain the services of a qualified New York divorce lawyer to represent your interests, provide sound legal advice, and help expedite the divorce process.

To find out more about getting a divorce in NY, including Queens, Brooklyn, Manhattan, Jamaica, and NYC, contact Joseph A. Ledwidge PC at 718-276-6656 to schedule a consultation today!